General Terms & Conditions
April 20th, 2018
These terms and conditions contain important information on the Finance Navigator.
Article 1. Definitions
In these terms and conditions the following terms, provided that they start with a capital letter, are defined as:
“Agreement”: the arrangements between the Supplier and the Client to which these Terms and Conditions apply.
“Client”: the natural person or legal entity, authorized by the Supplier to use the Finance Navigator.
“End user”: a natural person authorized by the Client to use, on its behalf, the Finance Navigator.
“Finance Navigator”: the financial planning software module provided by the Supplier to the Client via a web-portal.
“IPR”: any and all (future) intellectual property rights and trade secrets in any country or jurisdiction including, but not limited to any patents, copyrights and neighbouring rights, trademarks, trade names and domain names, goodwill, design rights, rights related to software, database rights, knowhow, all renewals or extensions of such rights and all similar or equivalent forms of protection which are developed, either registered, deposited, filed or not and including any and all applications for such rights that can in anyway be related to the Finance Navigator.
“Personal Data”: any information relating to an identified or an identifiable natural person.
“Parties”: the Supplier and the Client
“Reports”: the reports, including financial overviews and insights, that are automatically generated by the Finance Navigator based on information provided by the Client.
“Supplier”: EY Advisory Netherlands LLP, in this matter trading under the name ‘the Finance Navigator’.
“Terms & Conditions”: these Terms and Conditions.
Article 2. Applicability
2.1. Every use of and/or access to the Finance Navigator is subject to these Terms and Conditions.
2.2. The Client accepts the applicability of these Terms and Conditions.
2.3 The Supplier reserves the right to amend these Terms and Conditions at any moment. The latest version of these Terms and Conditions is accessible through Terms and conditions at all times.
Article 3. Finance Navigator
3.1. The Finance Navigator is a web-based portal containing financial planning software for start-ups. The Finance Navigator helps the Client to build a financial plan. Based on the forecast of the Client, an algorithm will provide the Client with explanations of important metrics, will challenge the Client on its numbers and will provide the Client with benchmarking data of its industry to help the Client improve and understand its financial plan.
3.2. The Finance Navigator includes the functionalities as described on the product page that can be found on Features.
3.3 The Finance Navigator is a fully automated system. Reports and generated remarks, if any, are automatically generated based on information provided by the Client to the Finance Navigator. The automatically generated remarks are of a general nature and serve as non-binding information with which the Client can improve the quality of the information provided by the Client to the Finance Navigator.
Article 4. Reports and automatically generated remarks
4.1. The Client is responsible for the use of the Finance Navigator and all decisions based on the use of the Finance Navigator.
4.2. Reports and automatically generated remarks do not serve as investment advice, consultancy advice or any other professional advice and/or service by the Supplier in any way, shape or form.
4.3. By making the Finance Navigator available to the Client, the Supplier does not provide assurance (audit services) under any accounting or similar standards in any way, shape or form.
4.4. The Supplier does not warrant the realization of any scenario or prospect the Client may have as a consequence of the use of the Finance Navigator.
4.5. To the extent permitted by applicable law and regulations, the Client indemnifies the Supplier against any claims from third parties (including but not limited to entities related to the Client and the Client’s professional advisors) and the resulting liabilities, damages, compensations, charges, and expenses (including reasonable external and internal legal costs) arising from the use of and/or the reliance on a Report by a third party after the Report has been made public to the third party by or on behalf of the Client or at the Client’s request.
4.6 In accordance with article 13 of these Terms and Conditions, the liability of the Supplier due to the scrambling, destruction or loss of data or documents related to the Finance Navigator shall be excluded.
4.7 The Supplier is not obligated to check the accuracy and completeness of the information used as input into the Finance Navigator by the Client and is therefore not liable for the consequences of the use of inaccurate and/or incomplete information used as input into the Finance Navigator by the Client.
Article 5. Availability and adjustment
The Supplier will make commercially reasonable efforts in order to ensure a suitable functioning of the Finance Navigator and will make commercially reasonable efforts to maintain the highest possible availability, quality and safety of the Finance Navigator. However, the Supplier does not warrant or guarantee that the Finance Navigator will be available at all times or will function without any flaws, failures and/or disruptions.
5.2. The Supplier reserves the right to modify (the technical and/or functional characteristics of) the Finance Navigator at any time in order to improve the functionality and/or to correct any possible errors or to comply with the applicable law and regulations.
5.3. The Supplier will make commercially reasonable efforts to track and correct any possible errors in the Finance Navigator. However, the Supplier does not warrant or guarantee that all errors can be corrected.
5.4. In case any of the modifications, as mentioned in clause 5.2 and 5.3, lead to a material deviation of the functioning of the Finance Navigator, the Supplier will inform the Client via the Finance Navigator (https://thefinancenavigator.ey.com/login) website and/or by sending the Client an email before the modification becomes available.
5.5. The Supplier reserves the right to temporarily disable the (availability of the) Finance Navigator for the purpose of maintenance, modification and/or improvement. The Supplier will schedule such a temporary unavailability, where possible, outside of regular office hours in the Netherlands and will inform the Client via the Finance Navigator https://thefinancenavigator.ey.com/login website and/or by sending the Client an email about the scheduled unavailability of the Finance Navigator in a timely manner. A temporary unavailability of the Finance Navigator in accordance with this clause 5.5 can never be considered as a failure in the performance of the Supplier’s obligations towards the Client.
5.6 The Supplier is not bound to have a fall-back location or other fall-back facilities related to the availability of the Finance Navigator.
5.7 The Supplier is not bound to create back-up copies of the saved information created by the Client through the use of the Finance Navigator.
Article 6. Obligations of the Client and End User
6.1. Without prior written consent of the Supplier, the Client is not entitled to reverse engineer, decompile, disassemble and/or work around technical limitations of the Finance Navigator.
6.2 The Client is responsible for the use of the Finance Navigator by the End Users in accordance with these Terms and Conditions. The Client is obligated to impose all obligations under these Terms and Conditions on the End Users.
6.3 The Client guarantees that it and the End Users adhere to the following rules when making use of the Finance Navigator:
a. the Client shall not introduce or spread any (computer) viruses or any other files that can damage the functioning and/or availability of the Finance Navigator;
b. the Client shall not perform any actions that can cause failures to the Finance Navigator and/or to networks or infrastructures (of other Clients) or that can cause any disturbance, limited use, or unforeseen use of the Finance Navigator (for other Clients);
c. the Client shall not send large, unsolicited amounts of messages with identical or comparable contents (‘spam’);
d. the Client shall not misuse the provided username and password or (attempt to) the Finance Navigator’s security;
e. the Client shall not perform or refrain from any activities of which the Client know or reasonably should have known to cause use of the Finance Navigator that is illegal or wrongful to the Supplier and/or to third parties;
f. the Client shall not publish or spread any wrongful, racist or discriminating material and/or (child) pornography. This includes publishing or spreading the material via the infrastructure of the Finance Navigator. The Supplier reserves the right to remove and delete such material from the Finance Navigator.
g. the Client shall not infringe upon any IPR; and
h. the Client shall not publish, reproduce, or in any other way employ information and data provided by the Supplier to the Client, other than for the Client’s internal business purposes, without explicit written consent of the Supplier.
6.4 In case the Client acts in violation with this article 6, the Client is obligated to follow the reasonable instructions given by the Supplier to the Client and the Client shall ensure that the instructions are followed up by the End Users.
Article 7. Access to the Finance Navigator
7.1 The provided username and password that allows access to the Finance Navigator are not transmittable, strictly personal and exclusively for use within the Client’s organization. The Supplier reserves the right to change the provided username and password and will inform the Client thereof in a timely manner.
7.2 The Client is obligated to take all technical and organizational measures which are necessary to prevent the use of and/or access to the Finance Navigator which is not authorized by the Supplier.
7.3 The Client shall immediately notify the Supplier of any (suspected) unauthorized use of the Finance Navigator.
7.4 The Client can request the Supplier to block its username and password that allows access to the Finance Navigator.
7.5 In case the Client fails to meet any of its obligations under the Terms and Conditions and/or the Agreement, the Supplier has the right to partially or completely deny the Client access to the Finance Navigator seven days after a preceding warning notice (in Dutch: ‘aanmaning’) or notice of default (in Dutch: ‘ingebrekestelling’) to the Client. The Supplier is not liable for any damages to the Client and/or third parties resulting from such unavailability of the Finance Navigator. The Client is still obligated to make the agreed payments during unavailability of the Finance Navigator in accordance with this article 7.5.
Article 8. Fees and payment
8.1 The different fees for use of the Finance Navigator can be found on the pricing overview page at Pricing and shall depend on the selected duration. The fees are depicted in euros and are inclusive of value added tax.
8.2 The Client is obliged to pay the relevant fees before the Supplier grants the Client access to the Finance Navigator. In case the fees are not (correctly) received by the Supplier, the Supplier reserves the right to deny the Client access to the Finance Navigator.
8.3 After the selected duration, the Client is required to select and pay additional fees in order to be able to keep access to the Finance Navigator.
8.4 In order to facilitate the payment process the Supplier uses the services of a payment provider. Additional information provided by the payment provider is included in Appendix A to these Terms and Conditions. The Supplier especially draws the Clients attention to the fact that the payment provider acts a data controller under applicable privacy laws and regulations.
Article 9. Refunds
Given the digital nature of Finance Navigator, we do not offer refunds.
Article 10. License and IPR
10.1 Upon acceptance of these Terms and Conditions, the Client is granted a non-excusive, non-transferrable right to use the Finance Navigator (“License”). The scope of this License is limited to [(i) the selected duration based on the access fee selected and (ii) the organization of the Client. The Client hereby accepts this License.
10.2 The Supplier exclusively owns the IPR. These Terms and Conditions do not in any way constitute a transfer of ownership of the IPR.
10.3 The Client shall not apply for, register and/or seek to obtain any IPR and/or intellectual property
rights and/or any other right in relation to the Finance Navigator.
10.4 The Client shall promptly inform the Supplier about any attack on the validity or any infringement of any IPR which comes to its attention.
10.5 The Client shall not take any steps or make any admissions regarding any infringement of any IPR,
but shall provide, at reasonable request of the Supplier all assistance in taking any steps against any infringement of, or other proceedings instituted against, any of the IPR.
10.6 The defense and enforcement of the IPR shall be conducted by the Supplier including but not limited to the exclusive right to initiate proceedings against third parties or competent IP agencies, to conduct the defense against actions by third parties or competent IP agencies and/or to enter into settlements
Article 11. Confidentiality
The Supplier and the Client undertake that they will not at any time disclose or use for any purpose detrimental or potentially detrimental to the Supplier or the Client any (i) information concerning the Finance Navigator or (ii) any other information concerning the business and affairs of the Supplier or the Client, except (a) to the extent required by law or any competent authority, (b) to their professional advisers subject to a duty of confidentiality and only to the extent necessary for any lawful purpose, and (c) to the extent that at the date hereof or hereafter such information is or shall become public knowledge otherwise than through improper disclosure by any person.
Article 12. Privacy
12.1 To these Terms and Conditions the following privacy laws and regulations apply:
a. Before 25 May 2018: Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free transfer of such data (hereinafter “Directive“) and the Dutch Data Protection Act;
b. From 25 May 2018: Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 relating to the protection of natural persons in connection with the processing of persons data and on the free transfer of such data (hereinafter “Regulation“) and the Dutch implementing law with regard to the Regulation. In the Terms and Conditions the terms ‘Personal Data’, ‘Controller’, ‘Processor’, ‘Processing’, ‘Special Categories of Personal Data’, ‘Supervisory Authority’ and ‘Data Breach’ shall have the same meaning as defined in the Regulation.
12.2 As a consequence of the use of the Finance Navigator, the Supplier will process Personal Data on behalf of the Client. In this processing of Personal Data, the Client will be considered as the Controller and the Supplier as the Processor. For certain internal processes (such as compliance with laws and regulations, conducting conflict checks, ensuring the independence of the EY organization, quality and risk management and EY’s own internal financial, administrative, IT and other administrative processes), the Supplier will be considered as a Controller. These processing activities for which EY acts independently as a Controller fall outside the terms of application.
12.3 The Supplier and the Client will comply with applicable laws and regulations regarding privacy. Before providing the Personal Data to the Processor and/or providing the Supplier with processing instructions, the Client determines as Controller that those processing activities are permitted in accordance with Article 7 of the Directive or Article 6 of the Regulation.
12.4 The subject, nature and purpose of the processing activities (including the categories of personal data) are described in more detail in the privacy statement as published on Privacy Statement.
12.5 The Supplier shall keep the Personal Data it processes on behalf of the Client secret and shall also oblige any person and/or legal entity acting under its authority to keep the Personal Data secret, except when obligated to notify based on a statutory obligation or professional regulation. The Supplier shall process the Personal Data only on behalf of the Client, subject to deviating legal obligations, and shall follow the written instructions of the Client. This also applies to the transfer of Personal Data to countries outside the European Economic Area (EEA), unless specific processing is required under applicable laws and regulations. In that case, the Supplier will notify the Controller before proceeding to this Processing of Personal Data unless such notice is permitted.
12.6 The Supplier informs the Client if, in its opinion, any instruction of the Client provides an infringement of applicable privacy laws and regulations.
12.7 The Supplier will take appropriate technical and organizational measures to protect the Personal Data against loss or against any form of unlawful processing. These measures, taking into account the state of the art and the cost of implementation, ensure an appropriate level of security in view of the risks involved in the processing activities and the nature of the Personal Data. The measures should also be aimed at avoiding unnecessary collection and further processing of Personal Data. The Supplier will periodically evaluate and strengthen the measures taken by it, as appropriate, to the extent that the requirements or (technological) developments give rise to this.
12.8 The Supplier allows the Client to periodically review (up to 1 time a year) its compliance with this article 12 and the relevant statutory obligations with regard to the protection of Personal Data. This periodically review can be performed on behalf of the Client by an (external) independent auditor in so far as this auditor is not a direct competitor of the Supplier. This periodically review shall consist of, and is limited to, questions asked by the Supplier to the Client with regard to compliance with data protection laws and regulations and, if necessary, an interview with IT suppliers of the Supplier. Considering the Suppliers confidentiality obligations with respect to other clients, the Client acknowledges and accepts that the Supplier will not grant the Client or an independent auditor appointed by the Client access to its IT systems and/or its IT infrastructure.
12.9 The Supplier shall notify the Client of:
a. a Data Breach to be reported in accordance with article 34a of the Dutch Data Protection Act and/or articles 33 and 34 of the Regulation. In case of a Data Breach the Supplier will notify the Controller without undue delay after discovery of the Data Breach.
b. a complaint of a data subject.
c. a request of a data subject with regard to the data subject’s rights.
d. an investigation of a Supervisory Authority or other authority, to the extent permitted by applicable laws and regulations.
12.10 If requested by the Client, the Supplier will assist the Client with regard to a request or investigation by a Supervisory Authority or other authority and/or with a request of a data subject with regard to the data subject’s rights. The Supplier will also reasonably cooperate with the Client in order to enable the Client perform an privacy impact assessment with which compliance should be demonstrated to a Supervisory Authority or other authority.
12.11 The Supplier will not outsource the processing of Personal Data to any subcontractor without the prior written consent of the Client. The Client has the right to refuse this permission without notice of any reason or to add further terms to this permission. The subcontractor of the Supplier must comply at least with contractual provisions that are equivalent to the provisions of this article 12 and the Agreement. If the subcontractor fails to comply with his/her obligations regarding privacy under this article 12 and the Agreement, the Supplier is fully liable to the Client for compliance with the subcontractor’s obligations under the outsourcing agreement. By accepting these Terms and Conditions, the Client grants the Supplier permission to enable other EY firms and EY employees for the processing of Personal Data.
12.12 The Supplier may transfer Personal Data to non-EEA countries provided that the Supplier complies with Chapter 5 of the Regulation (“transfers of Personal Data to third countries or international organizations”).
12.13 The duration of the processing activities is included in the Agreement. Upon completion of the processing services, the Supplier will, upon the Clients request, delete or return and delete all copies of the Personal Data, unless the Supplier has a legal or professional obligation to retain the Personal Data. The Parties acknowledge that this obligation does not apply to data (including Personal Data) held by the Supplier for backup purposes, provided that the terms of the security and confidentiality as contained in these Terms and Conditions apply to it. Without prejudice to the above, the Supplier will remove all the Client’s data within 12 months from the expiry of the Agreement. Supplier will anonymize the data and can use the anonymous data for benchmarking purposes. The anonymized data will be stored for 10 years.
Article 13. Liability and identification
13.1 The total liability of the Supplier due to an attributable failure in the performance of these Terms and Conditions and/or Agreement or on any legal basis whatsoever shall be limited to compensation for direct loss up to a maximum of the fees paid by the Client to the Supplier in the twelve months prior to the failure (excluding VAT).
13.2 The total liability of the Supplier for indirect loss, consequential loss, loss of profits, lost savings, reduced goodwill, loss due to business interruption, loss as a result of claims of the Client’s customers is excluded.
13.3 The exclusions and limitations referred to in clause 12.1 and 12.2 shall cease to apply if and insofar as the loss is the result of deliberate intent or recklessness on the part of the Supplier.
13.4 Unless performance by the Supplier is permanently impossible, the Supplier shall only be liable due to an attributable failure in the performance of these Terms and Conditions and/or Agreement if the Client declares the Supplier to be in default in writing without delay and grants the Supplier a reasonable term to remedy the breach, and the Supplier culpably fails to fulfil its obligations also after this term has passed. Any claim expires past the course of 24 months after the damage has originated.
13.5 The Client indemnifies the Supplier against any and all claims of third parties relating to the use by the Client and the End Users of the Finance Navigator.
Article 14. Force Majeure
None of the Parties shall be obligated to fulfil any obligation if it is prevented from doing so by force majeure. Force majeure on the part of the Supplier means, among other things: (i) force majeure on the part of the suppliers of the Supplier, (ii) defects in items, equipment, software or materials of third parties, (iii) government measures, (iv) power failures, (v) internet, data network or telecommunication facilities failures, (vi) war and (vii) general transport problems.
Article 15. Duration and termination
15.1 The Agreement starts at the moment the Client has accepted these Terms and Conditions. The duration of the Agreement is equal to the selected duration indicated at registration. Upon expiration of the selected duration the Agreement is automatically terminated. After the selected duration, the Client is required to select and pay additional fees in order to be able to keep access to the Finance Navigator. The Client is not entitled to terminate the Agreement before the Agreement expires.
15.2 Notwithstanding article 15.1 of these Terms and Conditions, the Supplier or the Client may terminate the Agreement at any time with immediate effect, upon written notice to the Client or the Supplier and without incurring any liability to the other in any of the following circumstances:
(i) in the event of filing a petition in bankruptcy or the suspension of payments of the Client or the Supplier, liquidation or composition with creditors of the other party, and in case of attachment maintained for at least one (1) month in respect of substantial debts and/or assets of the Client or the Supplier;
(ii) in the event the Client or the Supplier becomes insolvent or unable to pay its debts as they mature or ceases to pay its debts as they mature in the ordinary course of business or makes an assignment for the benefit of its creditors; and
(iii) in the event the Client or the Suppliers fails to perform any material obligation under the Agreement after having received notice of such default and not having cured the default within three (3) months thereafter.
15.3 In addition, the Supplier may terminate this Agreement, immediately upon written notice to the Client if the Supplier reasonably determines that the Supplier can no longer execute this Agreement either in accordance with applicable law or regulatory or professional obligations or for independence reasons, unless the Supplier has been able to properly amend the Agreement with the Client. The aforementioned also includes situations where the Client is targeted by sanctions measures, including (but not limited to) those administered and enforced by the U.S. Treasury Department, U.S. Commerce Department, U.S. State Department, European Union, competent European Union Member State authorities or United Nations.
15.4 Upon termination of the Agreement the Client is no longer entitled to use the Finance Navigator.
Article 16. Consequence of termination
The Client is responsible for exporting or copying the information provided to the Supplier and/or automatically generated by the Finance Navigator before termination of the Agreement. The Supplier is not held to a certain (legal) retention period for the information provided to the Supplier and/or automatically generated by the Finance Navigator. In case the Client does not immediately, after the termination of the Agreement, inform the Supplier of the before mentioned desired support in handover of the information, the Supplier holds the right to, immediately and without preceding notification, delete and destroy this information that is stored, edited, processed or in any other way entered into the Finance Navigator.
Article 17. Disputes and applicable law
17.1 All legal relations between the Parties will be governed by Dutch law.
17.2 All disputes relating to legal relation between the Parties will be settled by the competent court in Rotterdam.
Article 18. Miscellaneous
18.1 In case any provision of the Agreement and/or these Terms and Conditions should be found to be invalid or be nullified, the other provisions will remain in force to the extent possible, with the invalid or nullified provision being replaced, in consultation between the Parties, by an provision that approximates the purport of the original provision to the extent possible.
18.2 In case the Supplier is required, at the request of or ordered by authorized public authorities or in connection with statutory obligations, to perform activities with respect to the information of the Client, its employees, or the End Users, the associated costs will be billed to the Client unless cause of the investigations lies with the Supplier. The Supplier will inform the Client of such an event as soon as possible and to the extent permitted by applicable law.
18.3 The Client and the Supplier shall inform each other within a reasonable time frame of any changes in name, address, e-mail address, telephone number and if asked bank- or giro account number.
18.4 Neither the Supplier nor the Client is entitled to transfer any of the rights and obligations in the Agreement and/or these Terms and Conditions to a third party without prior written consent of the other party. The non-transferring party will not deny this permission without reasonable ground.
EY Advisory Netherlands LLP
3011 XZ Rotterdam
Chamber of Commerce number: 73624926
Additional information on the payment provider
Furthermore we hereby inform you, in connection with your order, your personal data relating in particular to your identity, domicile, personal status, phone number, email address, bank card and bank account numbers, or to the transactions you enter into or payments you make, are processed by Ingenico Financial Solutions SA/NV (“Ingenico FS”) i) with the purpose of allowing them to be able to perform their agreement with Ernst & Young Accountants LLP, ii) with the purposes of fraud monitoring and fraud management (determining the risk levels associated with transactions, detecting and managing any resulting alerts), and iii) with the purpose of compliance with Ingenico FS’ legal obligations under the applicable legislation relating to the fight against money laundering and the financing of terrorism and (iv) with the purpose of compiling market analysis, statistics, analysis of transaction data, improvement of the service provided by Ingenico FS.
The collection of your personal data is a mandatory requirement for these purposes. Without this personal data your transaction could be delayed or rendered impossible and your order cancelled.
Please be informed that Ingenico FS, with registered seat at Boulevard de la Woluwe 102, in 1200 Brussels and with company number 886.476.763 is the data controller for such data processing.
Ingenico FS will not communicate your personal data to third parties, except in the following two cases:
– Communication by Ingenico FS of personal data to its, affiliates, subcontractors or other parties with whom Ingenico FS has a contractual relationship and that provide services for / assistance to Ingenico FS in the framework of i) the performance of the agreement between us and Ingenico FS, ii) fraud prevention and management and iii) with the purpose of compliance by Ingenico FS with its legal obligations under the applicable legislation relating to the fight against money laundering and the financing of terrorism and (iv) communication to third parties of anonymous or aggregated data. The third parties that are providing service/assistance to Ingenico FS with regard to fraud monitoring and fraud management can insert your personal data into their own specific database(s) that is (are) used by them to provide services for a multitude of merchants to prevent and manage fraud.
– If Ingenico FS is required by law to communicate certain information or documents to the National Bank of Belgium, to the Financial Intelligence Processing Unit (CTIF-CFI), to similar Belgian or foreign authorities, or generally speaking to any judicial or administrative authority, law enforcement authorities or any legal or administrative authorities. Communication of personal data to those entities will be limited to the extent necessary or required under the applicable regulations.
Furthermore, a fraud may give rise to the recording of certain personal data relating to you in a dedicated file managed by Ingenico FS. The purpose of such file is to retain a trace of previous frauds, in particular to provide information for criteria used to evaluate transaction risks and the scoring templates used for this purpose. The recording of your data in this file may also lead to you being assigned a higher risk level in the event of any subsequent order placed with a merchant that is customer of Ingenico FS, and consequently could potentially lead to the rejection of this order.
You are entitled to have access to your personal data and have the right to query, access and correct your data, as well as the right to object, for a legitimate reason, to the processing of your personal data. For the exercise of these rights, please address a written request (by registered mail), dated and signed, to the registered office of Ingenico FS (see above) or send an e-mail to email@example.com and mention in this letter or e-mail your name, address and telephone number where you can be reached during office hours, and enclose a copy of both sides of your identity card or passport. You may hide the data that you are not required to provide according to your local legislation”
Furthermore, we hereby inform you, in connection with your order, of fraud monitoring and fraud management activities which means that your personal data will be subject to further processing in addition to the processing of card not present payments. Ingenico Financial Solutions SA/NV (Ingenico FS) is the data controller for this additional processing intended to prevent and combat fraud, determine a risk level and model the score.
Any fraud may result in the recording of your personal data in a file managed by Ingenico FS in order to retain a trace of frauds, in particular to provide information for criteria used to evaluate risks and the score templates used. This recording of your data may also give rise to you being assigned a higher risk in the event of any subsequent order placed with a merchant that is active in the same type of industry/sector and that is using the services of Ingenico FS, and could potentially lead to the rejection of this order by the merchant.
You have the right to query, access and correct your data, as well as the right to object, for a legitimate reason, to the processing of your personal data. To exercise this right, you can send a letter to: Ingenico Financial Solutions SA/NV – Legal department “data protection” – Boulevard de la Woluwe 102 – B-1200 Brussels (Belgium), or send an email to: firstname.lastname@example.org, accompanied by a signed copy ofproof of identity”. You may hide the data that you are not required to provide according to your local legislation.
Communication by Ingenico FS of personal data to its, subcontractors or other parties with whom Ingenico FS has a contractual relationship and that provide services for / assistance to Ingenico in the framework of i) the performance of the agreement between us and Ingenico FS, and ii) with the purpose of compliance by Ingenico FS with its legal obligations under the applicable legislation relating to the fight against money laundering and the financing of terrorism.
If Ingenico FS is required by law to communicate certain information or documents to the National Bank of Belgium, to the Financial Intelligence Processing Unit (CTIF-CFI), to similar Belgian or foreign authorities, or generally speaking to any law enforcement authority or judicial or administrative authority. Communication of personal data to those entities will be limited to the extent necessary or required under the applicable regulations.