1. General provisions and definitions
The www.apeosolutions.com website is an initiative of:
Passage des déportés, 2
- "APEO": SRL APEO, having its registered office Passage des déportés 2 at 5030 Gembloux, registered with the Crossroads Bank for Enterprises under company number BE 0761.598.567.
- "User": any natural person who uses or visits the www.apeosolutions.com website or any other APEO website
- "Website": www.apeosolutions.com
These Conditions apply to both APEO and the User. By the mere use of the Website, you are presumed to have expressly acknowledged and accepted the definitive and exclusive application of these Terms. So be sure to have read them and to have understood all the terms.
APEO reserves the right to modify these Terms at any time. The User will always be kept informed of any substantial modification.
2. Right of use
APEO grants the User a non-exclusive and non-transferable right of use. You are presumed to have accepted this right of use by the mere use of the Website This right of use is limited to normal use ofthe Website, in accordance with these Terms, the legislation in force, therights of third parties as well as the general principles applicable on theInternet. Only one (1) right of use is recognized per User.
The right of use does not in any way confer on the User the right to:
- Republish, redistribute, transfer or license the Website orits contents;
- Rent, sell or market the Website;
- Reproduce the Website for exercise, study or personal use(the only authorized form of copy being the backup copy);
- Remove from the Website the information on APEO's authorship;
- Modify the Website (or copies thereof) without prior authorization.
In addition, it is prohibited:
- Use computer programs to collect and capture data. Spiders, crawlers, robots or any other type of software of the same nature are strictly prohibited;
- To use the Website for the purposes of spam, chain letters, phising or other variants of the same nature;
- Harass other Users or try to persuade them of political or religious beliefs;
- To access without authorization the user profiles of other Users.
In the event that the User contravenes these General Terms and Conditions, the legal rules in force, the rights of third parties, or the general principles applicable on the Internet, APEO reserves the right to take all reasonable and appropriate measures. APEO may, in particular, temporarily or permanently, deprive the User of his right of use. APEO is not obliged to inform the User in advance of the measures that have been taken. If the User is of the opinion that these measures have been taken unfairly, the latter can always inform APEO in writing (see the address mentioned above) or by email, APEO is in no way obliged to cancel the measure that has been taken and is not bound by any form of compensation.
The User may at any time and without obligation of motivation decide to terminate his right of use by ceasing to use the Website.
3. Obligations of APEO
APEO undertakes to take all reasonable and necessary measures to ensure the proper functioning, security and accessibility of its Website. These measures are of a technical, non-technical and organizational nature. However, APEO is not bound by an obligation of result but by an obligation of means.
In order to guarantee the proper functioning of the Website, APEO reserves the right to edit the Website at any time. These Terms continue to apply in full to such renewed versions.
APEO takes all necessary measures to keep the information on the Website and its content as complete, accurate and up-to-date as possible. However, this is also an obligation of means only. Defects, incorrect information but also technical remarks ("bugs") can always be communicated to APEO.
4. Privacy and processing of personal data
APEO processes personal data for as long as necessary for the performance of the service. As soon as the User decides to no longer use the service, APEO must terminate any processing of personal data, other than necessary for the deletion or return of the data to the User.
As far as possible, APEO must help the User to fulfil its obligation to respond to requests to exercise the rights of data subjects: right of access, rectification, erasure,and opposition, right to restriction of processing, right to data portability,right not to be subject to an automated individual decision (includingprofiling).
APEO is authorised to make one or more copies and/or back-ups of personal data.The personal data concerned shall enjoy the same protection as the personaldata of origin.
APEO guarantees limited access by its staff to personal data only to the extent that such access is necessary to carry out the operations of execution of theservice. APEO staff are also subject to an obligation of confidentiality regarding the processing of personal data. APEO undertakes to inform its staff about the privacy legislation and the provisions of the contract.
Under theGeneral Data Protection Regulation, APEO is bound by an obligation of confidentiality regarding the personal data processed in the context of the service. This obligation of confidentiality applies in the same way to APEO staff as well as to any sub-processors and their own staff.
This obligation of confidentiality does not apply when APEO is obliged to communicate the personal data to the supervisory authority, pursuant to a legal provision or a judicial decision, when the information is already known to the public, or when the communication of the personal data has been authorised by the User.
4.3 Security measures
Under the General Data Protection Regulation, APEO undertakes to implement technical and organisational measures (hereinafter, "security measures") intendedto protect personal data against destruction, either by accident or unlawfully, against loss, fraud, unauthorised dissemination or access or against any other form of unlawful processing or use.
These security measures ensure a level of security appropriate to the risk involved in the treatment. In determining adequate security measures, the Parties shall take into account the state of the art,the costs of implementation and the nature, scope, context and purposes of the processing as well as the risks to the rights and freedoms of data subjects.
APEO endeavors to make all reasonable efforts to verify that their processing systems and services meet the requirements of constant confidentiality, integrity, availability and resilience, taking into account the state of theart and the costs of implementation.
4.4 Notification of a data breach
Under the General Data Protection Regulation, APEO notifies the User of any personal data breach assoon as possible, and no later than 24 hours after becoming aware of it. This notification is accompanied by any useful documentation in order to allow the User, if necessary, to notify this violation to the data collection authority and/or to the data concerned. APEO must communicate to the User the following information: the nature of the data breach, the categories and approximate number of data subjects, the categories and approximate number of personal data co-obtained, the likely consequences of the data breach, and the measures takento remedy the data breach or to mitigate any negative consequences.
At the request of the User, APEO notifies the data breach in the name and on behalf of the User to the supervisory authority as soon as possible and, if possible, no later than 72hours after establishing the breach, unless the breach in question is notlikely to create a risk to the rights and freedoms of natural persons. At the request of the User, APEO notifies the data breach in the name and on behalf of the User to the persons concerned as soon as possible, when this breach is likely to cause ahigh risk to the rights and freedoms of natural persons.
4.5 Data outsourcing
APEO may use the services of a sub-processor located outside the European Economic Area only with the prior, written and specific consent of the User. In this case, APEO must choose a sub-processor that guarantees an adequate level of protection of personal data. Otherwise, he must put in place appropriate guarantees by contract or have obtained the explicit consent of the persons concerned.
APEO must ensure that the sub-processor offers the same guarantees as to the implementation of appropriate technical and organisational measures, so that the processing meets the requirements of the General Data Protection Regulation, and in particular Article 32.
APEO is not able to guarantee that the Website will operate without interruptions, errors or defects. APEO reserves the right to interrupt the operation of the Website at any time, in whole or in part. The Website is offered "as is" and "as available".There is therefore no guarantee, implicit or explicit, on the part of APEO.
The documents, information, promotions or proposals provided by APEO are provided for informational purposes only and APEO can in no way be held responsible for their content, completeness or accuracy. If you notice any errors, you can always inform us by email.
Any use of the Website isat the User's own risk. APEO cannot be held liable for any damages, direct or indirect, that may arise fromthe use of the Website. APEO does not exclude its liability in the event of fraud or gross negligence, provided that it is attributable to it.
APEO is not responsible for links, hyperlinks or image links that refer to external websites whose content is controlled by third parties. The presence of such a link does not automatically mean that there is a relationship between APEO and the external site, nor that APEO agrees with the content of these websites.
The User is not allowed to make any changes to the Website. If you do so nevertheless, APEO will in no way be held liablefor any damages that may arise from such modifications.
6. Intellectual property
The Website is protected by intellectual property rights. All such intellectual property rights, as well as derived and similar rights, belong exclusively to APEO. These rights include, but are not limited to: copyright, trademark law, computer program law, design law, patent law, technicalor commercial (non-patentable) know-how, methods and concepts. The use of the Website does not imply in any way the transfer of these intellectual property rights to the User. The User undertakes not to use and/or make any changes to the intellectual property rights described in this article without the prior authorization of the rights holders.
7. Final provisions
The titles we use in our General Terms and Conditions are always purely illustrative, so they cannot be given any legal value in the event of a dispute concerning the provisions contained under these different titles.
In the event that the existence or validity of oneor more of the provisions of these General Terms and Conditions is compromised, this fact will have no consequence on the existence or validity of the other clauses of this agreement. In such a case, we have the right to replace the unenforceable clause with a provision valid in law and of similar scope.
These conditions are exclusively governed by Belgian law. In the event of a dispute,the parties agree to first seek an amicable solution. In the absence of an amicable resolution, the dispute will be subject to the exclusive jurisdiction of the courts of Namur.