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The purpose of this page is to share with you the procedures and guidelines utilized by aug·e to ensure the protection of customers’ data. Should you have any questions, contact us at info@aug-e.io

1. Definitions 

“Confidential Information” means the information defined in article 6 of these General Terms and Conditions; 

“Customer” is the natural person or legal person who concludes an agreement with aug.e NV concerning the Products, the Services and/or the License;   

“End User” means the client of the Customer to whom the Customer gives access to the Software and/or aug·e platform in terms of and in accordance with article 4.3; 

“General Terms and Conditions” means these terms and conditions with scope of applicability as defined in article 2 

“aug.e NV” is the limited liability company, incorporated under the laws of Belgium with registered office at Berkenlaan 8c, 1831 Machelen, Belgium, and with company number 0471.967.356; 

“aug·e platform” means the cloud platform used and managed by aug.e on which the Software runs and to which the License gives access; 

“aug.e User Terms” are the user terms regarding the Software and/or the aug·e platform, applicable to and binding for the (i) Customers who use the Software after being granted a License by aug.e NV and (ii) the End Users after begin granted access by a Customer in terms of and in accordance with article 4.3; 

Hardware” means the hardware or equipment purchased by the Customer from aug.e NV; 

License” means the non-exclusive and non-transferable right granted to the Customer by aug.e NV to use the Software and to grant access to the aug·e platform to End Users, subject to the payment of a License Fee and subject to the compliance of these General Terms and Conditions and the aug.e NV User Terms; 

“License Fee” means the fee charged by aug.e to the Customer as payment in return for the License; 

“License Period” means the period for which the License is granted to the Customer;  

Product(s)” means the product(s) purchased by the Customer from aug.e NV, which can include Hardware, Software and/or parts; 

Rights” means all proprietary rights, intellectual property rights and other rights, including patent rights, usage rights, the rights to exploit, commercialize and/or distribute, the right to license and/or sublicense and any other form of legally protectable intellectual or industrial property rights under any jurisdiction whatsoever; 

Services” means any (pre-)installation, setup, support, demonstrations, or other professional services ordered by the Customer that relates to the Products provided by or through aug.e NV; 

Software” means the computer programs developed, distributed, commercialised and licensed by aug.e NV to the Customer; 

Third Party Product” means software or hardware manufactured by a third party which is purchased by the Customer through aug.e NV, in its original shape and conditions as delivered by the manufacturer, that is without modification or further product integration by aug.e NV.   

2. Applicability  

2.1 These General Terms and Conditions apply to all offers, proposals, orders, order confirmation and agreements regarding the Products sold, the Services rendered and/or the License granted by aug.e NV to the Customer. Unless expressly stated otherwise in writing by aug.e NV, no other (general) conditions, in particular those of the Customer, will apply, regardless of whether or not they have been communicated. 

2.2 Deviations, additions or modifications of these General Terms and Conditions are only binding for aug.e NV if expressly accepted in writing by aug.e NV.  

3. Order – Order confirmation – Information provided by the Customer – Prices – Delivery  

3.1 The aug.e NV offers, proposals, orders and/or order confirmations are based on information provided by the Customer (possibly concerning the End Users), who guarantees the accuracy and completeness thereof.  

3.2 Our offers are valid for the period stipulated therein or, failing this, for a period of 4 weeks, unless otherwise agreed between parties. The price indicated in the offer includes the Products, Services, Licenses and/or assignments described herein. Any additional task, assignment, Product or Service, not described in the offer, is not considered part of the indicated price and shall be charged and invoiced at hour rate and/of in accordance to the current aug.e NV prices at the time of delivery.  

3.3 Only written order confirmation by aug.e NV counts as acceptance of the order and conclusion of the agreement.  

3.4 The delivery period is communicated to the Customer in the offer or agreed with the Customer separately in writing. The delivery period starts when the Customer has fully and correctly delivered all necessary information, in accordance with and set forth in the offer and/or its enclosures, to aug.e NV. In case the foregoing does not apply to the Products and/or Services ordered, the delivery period starts on the date of the order confirmation by aug.e NV 

3.5 Software shall be delivered by providing access to the aug·e platform. The Customer shall receive a login and password to that end. The License shall be considered granted and the License Period started on the date the Customer gets access to the aug·e platform. Hardware will be delivered at the Customer’s premises, unless explicitly agreed otherwise between parties.  

3.6 aug.e NV shall not be responsible for any delay in the delivery of the Products, performance of the Services or any other assignments agreed upon in the offer, caused merely and directly by the Customer and/or the End User, neither for any additional assignments or Services required for aug.e NV to perform due to inconsistencies and/or irregularities concerning the infrastructure or information provided by the Customer (either on the Customer or on the End Users). 

4. License – Rights – aug.e NV User Terms 

4.1 The Customer acknowledges that all the Rights on the Software and the aug·e platform are exclusively owned by aug.e NV. The License only grants the Customer the right to use (and grant access rights to third parties on) the Software, under the conditions set forth in these General Terms and Conditions, through the aug·e platform. 

4.2 aug.e NV retains all Rights with regard to 1) the Software, 2) the aug·e platform, the underlying web pages, the underlying technical description, documentation, the intrinsic methods and algorithms as well as codes and 3) the content of the web pages, regardless of the manner of presentation thereof, as well as the brands, logos, domain names, trademarks, designs and models used on the aug·e platform. The Customer acknowledges that he will not claim any Rights or any other rights or titles regarding the Software, the aug·e platform and/or its content.  

4.3 The License of the Customer consists of a non-exclusive and non-transferrable right to use the Software and/or the aug·e platform under strict compliance of these General Terms and Conditions and the aug.e NV User Terms. The Customer may grant access to the Software and/or the aug·e platform to End Users, for them to use the Software and/or aug·e platform. The Customer stays responsible towards aug.e NV for the full and correct compliance of these Terms and Conditions and the User Terms by the End Users. In case the End users are natural persons, who’s personal data shall be processed by aug.e NV as processor, the Customer as controller shall take all necessary steps in order to guarantee full compliance with the applicable law, such as the GDPR (as defined in article 11). In this case, the Customer shall cooperate with aug.e in order to celebrate the respective written data processing agreement in terms of article 28 GDPR.  

4.4 The License is granted for the License Period defined in the offer and/or order confirmation. In exchange for the License and Services, the Customer shall pay to aug.e NV the License Fee set forth in the offer and/or order confirmation. The License Fee is payable during the entire term of the License, even if the Customer (and/or the End Users) does (do) not use the Software.  

4.5 By installing, downloading, subscribing or registering for the Software and/or using the aug·e platform, the Customer agrees to be bound by the aug.e User Terms. The Customer shall be responsible and indemnify aug.e NV for all damage caused to aug.e NV due to non-compliance of the User Terms by the Customer, by a person for whom the Customer is responsible and/or by the End Users appointed by the Customer. 

4.6 aug.e NV guarantees to the Customer that through the development, exploitation, commercialization and licensing of the Software and the aug·e platform no third parties rights have been violated, neither will be by the use of the Software and the aug·e platform as long as this use occurs in accordance with these General Terms and Conditions and the aug.e User Terms. 

4.7 If the Customer is informed of a potential dispute and/or relevant claim on (the Rights concerning) the Software and/or the aug·e platform, whether or not regarding a possible intellectual property right infringement, the Customer shall immediately inform aug.e NV and/or have the End Users inform the Customer immediately to that same end. 

5. Price and payment 

5.1 The prices for the Products and Services and the License Fee are defined in the offer.  

5.2 All prices in the price list are exclusive of any and all applicable levies, duties, import and export duties, fees, assessments, taxes (including Value Added Tax (VAT) and other levies imposed by the government), as well as other similar charges and contributions payable. 

5.3 In case applicable, the Customer shall bear the costs of shipment, carriage (including loading and unloading of the Products), handling, packing and insurance of the Products during transit. These costs will be shared prior to order and based on the available information. 

5.4 At the beginning of every calendar year, aug.e NV may adjust its prices and rates. 

5.5 aug.e NV reserves the right to increase the price of the Products that not have been delivered and/or Services that have not yet been delivered and/or the License Fee, even though the License Period has already started, due to sudden, significant and unforeseeable changes to the prices of our suppliers, taxes, production costs, wage costs, energy prices or other elements that determine the price of the Products, Services and/or License Fee, subject to notification of the Customer. 

5.6 aug.e NV will invoice the price of the Products and/or Services as well as the License Fee to the Customer. Payments by the Customer are made in euro by bank transfer to the bank account of aug.e specified on the invoice, mentioning the required references, within thirty (30) calendar days after receiving the invoice, unless otherwise agreed upon in writing and/or another payment date is indicated in the respective invoice. The Customer accepts to receive the invoices from aug.e NV by email.  

5.7 The Customer is not entitled to apply a set-off on amounts aug.e NV would owe the Customer. 

5.8 In case of non-payment of invoices by their due date, default interest of 8% will be due, automatically and without prior written notice, on the outstanding balance of the invoices, until the day of full payment. Furthermore a fixed amount of 10% of the outstanding balance will be charged as compensation for the payment delay, with a minimum of 95 euro per outstanding invoice. In the event of late payment, all amounts due become payable immediately, automatically and without prior notice. In this case, aug.e NV is entitled to suspend the access of the Customer to the Software and/or the aug·e platform, as well as the delivery of future Products and/or the performance of future Services, until all outstanding invoices have been fully paid, without prejudice to the possibility to dissolve the agreement in accordance with article 9. 

5.9 If the solvency of the Customer shows a negative trend, such as the non-payment of invoices, aug.e NV has the right to request payment in advance or a suitable guarantee (at the discretion of aug.e NV) for continuing to execute the Services and/or granting access to the aug·e platform and/or the Software, failing which aug.e NV is entitled to suspend the agreement, in application of article 9.4 or terminate the agreement, in accordance with article 9.3. 

5.10 Invoices which have not been protested in written within 7 calendar days of their receival, shall be considered accepted by the Customer integrally, including the amounts, Products and Services referred to therein. 

6. Confidential information and non-recruitment 

6.1 All information provided by one party to the other party due to the preparation or performance of the agreement between parties, whether expressly designated as confidential or not, shall be considered confidential, in whatever form this information is delivered or communicated (oral, written and/or electronic).  

6.2 The Confidential Confirmation shall, in any case, include all information about the Products, the Services, the aug·e platform, the Software, the License and the Rights of aug.e NV in this regard.  

6.3 The party receiving Confidential Information shall: (i) only use the Confidential Information for the purpose for which it was provided, i.e. the preparation, celebration and performance of the agreement between parties, (ii) use such Information only to meet its obligations under the agreement, (iii) store this Information with at least the same degree of care it uses to store its own Confidential Information, and in no event less than a reasonable level of care; and not disclose it to any third party, unless strictly necessary for the performance of the agreement between aug.e NV and the Customer.  

6.4 If parties no longer need the Confidential Information for fulfilment of their obligations under the agreement or if the agreement is terminated, parties will return or destroy the Confidential Information (along with each copy and summary thereof) to the other party. However, aug.e NV will be entitled to retain a copy of the project documentation after expiry of the agreement for reasons related to archiving, quality control or compliance with legal obligations. 

7. Guarantee – Third Party Products  

7.1 aug.e NV shall use all commercially reasonable efforts to guarantee an uptime availability of the Software and/or the aug·e platform. The Software and/or aug·e platform will be deemed unavailable if the Customer is unable to access to it, for reasons beyond control of the Customer. In no case shall aug.e NV be responsible or liable if the unavailability is due to: general internet problems or outages caused by power supply carriers, malfunction of Customer’s equipment, of network connections or other infrastructure not owned or operated by aug.e NV, force majeure events or other factors outside the reasonable control of aug.e NV, scheduled service or maintenance or reasonable emergency maintenance. 

7.2 For Products for which aug.e NV is legally required to offer product guarantee, aug.e NV shall do so within the boundaries of the legal requirements. The information on the guarantee and conditions under which the guarantee must be invoked shall be determined in the documents delivered together with the Products. During the warranty period, as indicated in the forementioned documents, and provided that the Customer notified aug.e NV in writing timely (that is, in accordance to the term established in the documents or in the absence of this, within 3 working days) aug.e NV shall at its own option, and as its sole liability repair or replace any defective Hardware, or component thereof, at no charge to Customer The warranty shall not extend to any Hardware, which has been subject to misuse, neglect, accident, improper or unapproved installation or maintenance, or to Hardware to which modifications have been made whether by Customer, the End Users or any third party, nor is the warranty given in respect of spare parts. 

7.3 For Products for which aug.e NV is not legally required to offer product guarantee, such as Third Party Products, the product liability is entirely the responsibility of the manufacturer or provider thereof. aug.e NV shall have no responsibility and/or liability in this regard. The information on the guarantee and conditions under which the product guarantee must be invoked shall be defined by the manufacturer in the documents delivered together with the Third Party Products. 

8. Cooperation of the Customer 

8.1 The Customer shall always provide aug.e NV in a timely manner all the data or information necessary for, and cooperate fully in, the proper performance of the agreement. In the case that employees or subcontractors of aug.e NV perform work on location at the Customer, the Customer will provide these employees or subcontractors with reasonably necessary facilities free of charge, such as – if applicable – working space with telecommunication facilities etc.  

8.2 The Customer is solely responsible for the use and application in its organisation of Products and Services provided by aug.e NV and for the monitoring and security procedures and proper system management. 

If data necessary for execution of the agreement is not made available to aug.e NV timely or completely, or if the Customer otherwise does not fulfil its obligation, aug.e NV in any case has the right to suspend the preparation and setup of Software, for the Customer and/or the End Users and/or the performance of the agreement. In this case, aug.e NV has the right to charge the costs incurred at its usual rates. 

9. Termination – Dissolution –  Suspension 

9.1 The duration of the agreement is defined, for each Customer and/or agreement, in the offer and/or quotation of aug.e NV, as well as the License Period.  

9.2 Each party is entitled to terminate the agreement, without justification or reason, by sending a written termination notice to the other party, at least 3 months prior to the termination date of the agreement and/or License Period.  

9.3 Each party is entitled to dissolve the agreement with immediate effect without prior judicial intervention, by written notice if: 

9.4 the other party fails to comply with one or more of its contractual duties to the extent that this party has not remedied the breach within a period of thirty (30) calendar days after notice of default; 

9.5 bankruptcy of the other party has been declared; 

9.6 the other party, due to seizure, winding up of its business or liquidation of its assets, being placed under guardianship or otherwise loses the power to dispose of its assets or substantial parts thereof. 

9.7 aug.e NV is entitled to wholly or partially suspend its contractual performance without judicial intervention: (i) in case of articles 5.7 and/or 5.8, (ii) if the Customer compromises or threatens to compromise aug.e’s Rights, aug.e’s rights, the relation between aug.e NV and other customers and/or the services or products provided by aug.e NV to these customers or, (iii) if the Customer, after notice of default, fails to comply with one or more obligations of the agreement, without detriment to aug.e’s right to dissolve the agreement. 

9.8 In case of dissolution or suspension of the agreement, due to contractual breach and/or culpable negligence or fault by one of the parties, the party responsible for the contractual breach and/or culpable negligence or fault shall indemnify the other party for all proven actual suffered damage due to this breach, negligence or fault, including all eventual outstanding amounts owed by the former to the latter, costs incurred due to late payment and/or for preventive and/or preservative measures.  

10. Liability of the parties – Indemnity 

10.1 All contractual obligations of aug.e NV are best effort commitments.  

10.2 The liability of aug.e NV is always limited to the provisions of these General Terms and Conditions, particularly articles 7 and 10, subject to any mandatory legal provisions that provide for stricter liability. aug.e’s liability is limited to the damage resulting from its willful intent or gross negligence and to the amount invoiced by it (excl. VAT) for the defective Products, Software (License Fee) or Services. aug.e’s liability for simple negligence, indirect or consequential damage, loss of property, missed savings, loss of business, loss due to business interruption and loss of historical data arising from the agreement is excluded 

10.3 The Customer indemnifies aug.e NV against all claims from third parties due to a defect in a product or system that is delivered by the Customer and that partly consists of Products and/or Third Party Products supplied by aug.e NV. Insofar as the Customer proves that the damage was caused by defects in the Products and/or Third Party Products, aug.e NV shall be liable in accordance with the provisions of these General Terms and Conditions and/or applicable legislation. 

10.4 The Customer will be liable for and indemnify aug.e NV from claims of third parties, such as employees or subcontractors of aug.e NV, that suffer any damage due to acts or omissions of the Customer or persons for which the Customer is responsible committed during the performance of the agreement or due to unsafe situations and/or conditions in its organisation or offices where the Services are rendered and/or Products are delivered. 

11. Data – Processing of personal data and privacy 

11.1 The data retrieved during the agreement is exclusively gathered to be processed, analysed and displayed by the Software for the purpose of the (energetic, thermic and other resources) optimization exercise charged to aug.e NV by the Customer or by the End User to the Customer. This data includes technical data, for example on the installed equipment, consumption, etc., and personal data on the Customer and/or End Users. The data is, at all time, property of the Customer or the End User, as is the case. In case of the termination or dissolution of the agreement or the sub-licensing agreement, the Customer may request aug.e NV to convert and prepare the data for migration to another system of the Customer’s and/or End User’s choice. In this case, aug.e NV shall convert the data with and through its API at hand, in the format and/or extension available through this API. 

11.2 aug.e NV shall adhere to all rules of law in respect of the protection of personal data, including the 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 (“GDPR”). Every collecting, use and, in general, processing of personal data that occurs in virtue of these General Terms and Conditions or any other document or contract to which these General Terms and Conditions are adhered to, by aug.e NV in its capacity of controller, shall be in accordance to the privacy policy of aug.e NV. The purposes and legal grounds for the data processing as well as the rights of the data subjects are described herein. aug.e NV reserves the right to unilaterally modify its privacy policy at any time. Therefore, we advise you to regularly check this privacy policy at our website. In case of mayor changes that affect the (rights of the) data subject significantly, aug.e NV shall inform the data subject hereof. For more information about the processing of personal data by aug.e NV and for any request in this regard (access, rectification, erasure, restriction, objection and portability), please find our privacy policy at https://www.aug-e.io/en/legal/ or contact us at gdpr@aug-e.io. 

11.3 In case aug.e NV acts as processor of the personal data, aug.e NV shall sign a data processing agreement in terms of article 28 GDPR with the controller of these personal data and adhere to the privacy policy and processing frame defined by the controller. In this case, the privacy policy of aug.e NV shall not be applicable. The processing frame shall be defined by the privacy policy of the controller, the data processing agreement and/or any written instructions received from the controller.  

12. Force majeure 

12.1 aug.e NV is not obliged to fulfil any agreed obligation if prevented from doing so by force majeure. The agreed obligations in such a case are totally or partially suspended for the duration of the force majeure, without aug.e NV being liable towards the Customer and/or the End Users for any damages suffered as a consequence of the non performance of its obligations. By force majeure is understood amongst others: war, trade union action, strikes, total or partial interruption of transport, electricity and telecommunications problems, general internet problems, outages caused by power supply carriers, malfunction of the Customer’s or the End User’s equipment, malfunction of network connections, breach of contract and/or force majeure on the part of aug.e’s suppliers, unforeseeable licensing requirements and other unforeseeable legal and regulatory requirements, prohibitions or orders from the authorities, lock-out, lock-down, epidemics, quarantine, labor force decline as a result of the aforementioned government measures, general shortages or any other event beyond the reasonable control of aug.e NV. 

12.2 The failure by aug.e NV to fulfil its contractual obligations as a result of such force majeure is not a ground for termination, dissolution or suspension of execution of the agreement by the Customer. However, if the situation of force majeure lasts more than fifteen working days, parties have the right to terminate the agreement by written notification to the other party . In such a case, no indemnity or compensation shall be due. aug.e NV shall be entitled to payment by the Customer for any Products or Services already provided and for every effective License Period granted to the Customer. 

13. Applicable law and disputes 

13.1 Only Belgium law governs any dispute between the parties, to the exclusion of the Vienna Convention (the United Nations Convention on Contracts for the International Sale of Goods (CISG)). 

13.2 Disputes between the parties fall under the exclusive jurisdiction of the courts of Antwerp, Turnhout division, in the understanding that aug.e NV may submit a dispute to the courts where the Customer’s registered office or place of residence is located. 

14. Miscellaneous 

14.1 If a provision of these General Terms and Conditions is fully or partially invalid, this does not affect the validity of the other provisions hereof or their legal treatment. 

14.2 aug.e’s failure to exercise or delay in exercising any right, remedies, power or privilege under the agreement, these General Terms and Conditions and/or the User Terms, or in insisting that the Customer complies strictly and exactly with any agreement, term, condition, requirement, provision or restriction does not constitute a waiver. Likewise, a single or partial exercise does not preclude any other or further exercise of any right, remedies, power or privilege. 

14.3 The Parties agree that the applicable aug.e NV offer and order confirmation, including these General Terms and Conditions, constitute the entire approved agreement between them and do not establish an obvious and clear imbalance between the rights and obligations of either Party. This risk distribution has been factored into the order price.

1. Definitions 

“General Terms and Conditions” means the general terms and conditions of aug.e NV with scope of applicability as defined in article 2 thereof, available at https://www.aug-e.io/en/legal/;

“aug.e NV is the limited liability company, incorporated under the laws of Belgium with registered office at Berkenlaan 8c, 1831 Machelen, Belgium, and with company number 0471.967.356; 

“Aug·e cloud platform” means the cloud platform developed and managed by aug.e NV on which the Software runs and to which the License and Sub License give access; 

“aug.e User Terms” means these user terms of aug.e NV with scope of applicability as defined in article 2 thereof; 

License” means the non-exclusive, non-transferable and sub-licensable right to use the Software, granted by aug.e, subject to the compliance of the General Terms and Conditions and the aug.e User Terms; 

Sub License” means the non-exclusive, non-transferable and non-sub-licensable right to use the Software, granted by a third party, subject to compliance of a sub-licensing agreement and the aug.e User Terms; 

“User” means the person or entity who was granted a License or Sub License to use the Software and/or the aug·e cloud platform; 

Rights” means all proprietary rights, intellectual property rights and other rights, including patent rights, usage rights, the rights to exploit, commercialize and/or distribute, the right to license and/or sublicense and any other form of legally protectable intellectual or industrial property rights under any jurisdiction whatsoever; 

Software” means the computer programs developed, distributed, commercialised and licensed by aug.e NV; 

2. Applicability  

2.1 These User Terms are applicable to and binding for all Users, whether they use the Software and/or aug·e cloud platform through a License or a Sub License. By installing, downloading, subscribing or registering for the Software and/or using the Software and/or the aug.e NV could platform, the User agrees to be bound by these aug.e User Terms. The User shall be responsible and indemnify aug.e NV for all damage caused to aug.e NV and/or third parties due to non-compliance with the User Terms and/or any other infringement to the Rights and/or other rights of aug.e or third parties. 

3. Rights  

3.1 The User acknowledges that all the Rights on the Software and the aug·e cloud platform are exclusively owned by aug.e. The License only grants the User the right to use (and grant usage rights to third parties on) the Software, through the aug·e cloud platform, under the conditions set forth in the General Terms and Conditions and subject to compliance with these aug.e User Terms. The Sub License only grants the User the right to use the Software, through the aug·e cloud platform, under the conditions set forth in a sub licensing agreement and subject to compliance with these aug.e User Terms.  

3.2 aug.e NV retains all Rights with regard to 1) the Software, 2) the aug·e cloud platform, the underlying web pages, the underlying technical description, documentation, the intrinsic methods and algorithms as well as codes and 3) the content of the web pages, regardless of the manner of presentation thereof, as well as the brands, logos, domain names, trademarks, designs and models used on the aug·e cloud platform. The User acknowledges that he will not claim any Rights or any other rights or titles regarding the Software, the aug·e cloud platform and/or its content.  

4. Obligations regarding the Software and the aug·e cloud platform  

4.1 The User shall at all time: 

  • Use the Software and/or aug·e cloud platform in accordance with these User Terms, 
  • Take the necessary reasonable technical (security) measures to ensure the proper use of the Software and/or aug·e cloud platform, such as correct management of login and password and proper protection of ICT devices used for login, etc., 
  • Inform aug.e NV immediately from any potential dispute and/or relevant claim on (the Rights concerning) the Software and/or the aug·e cloud platform, that it becomes aware of. 

4.2 The User shall refrain from, directly or indirectly though third parties: 

  • Decompiling, disassembling, decoding, hacking, reverse engineering the Software and/or the aug·e cloud platform or creating a derivative work thereof, 
  • Inflicting damage to aug.e NV, aug.e’s Rights regarding the Software and/or the aug·e cloud platform, the Software and/or the aug·e cloud platform, amongst others by taking undue advantage of (a bug) in the Software or the aug·e cloud platform, by disrupting, hacking or otherwise corrupting the security techniques or authentication measures in place, placing user induced network malfunction, IT-virus, ransomware, cancelbots or other computer programming routines or engines with the intention of disrupting or otherwise affecting the Software, the aug·e cloud platform, its functionality and/or availability, 
  • Distributing, selling, renting, or leasing the Software and/or aug·e cloud platform and transferring the use of and/or the access to the Software and/or the aug·e cloud platform to third parties, unless permitted under the License,  
  • Removing any proprietary notices contained in the Software and/or the aug·e cloud platform, 
  • Using the Software and/or the aug·e cloud platform for (i) sending spam, such as sending unwanted and/or unsolicited e-mail or contact requests in large numbers, (ii) engaging in any unlawful act, including in any case the activities that exploit, harm or threaten to harm children, (iii) displaying or sharing inappropriate content or other materials (such as nudity, bestiality, pornography, offensive language, extreme violence or criminal activity) and, (iv) distributing, displaying and/or storing content, material or data that is contrary to public order.

5. Non-compliance  

5.1 The User acknowledges that aug.e NV may suspend the access to the Software and/or aug·e cloud platform in case the User does not fully and/or timely comply with these User Terms, without detriment to aug.e’s right to terminate the agreement with the User and/or the granted License due to consistent and/or serious incompliance with these User Terms and/or other contractual arrangements. 

1. General Information

1.1 Introduction

This Privacy Statement applies to the processing of your personal data when you access or use the website www.aug-e.io hereinafter referred to as ‘the website’ or our ‘online services’. Protecting customers, visitors and users’ data and using it only in the way our customers/visitors/users expect from us is our highest priority. Thus, the following policy is designed to inform you about the processing of your personal data and your rights regarding this processing according to the General Data Protection Regulation (‘GDPR’) and other data protection laws.  

1.2 Controller  

The website is made available by aug.e NV, with registered office at Berkenlaan 8c, 1831 Machelen and known under the company number BE 0471.967.356. aug.e NV is the controller according to GDPR and therefore responsible for the data processing explained herein.  

1.3 Contact   

You can contact us via the contact form on the website or by e-mail to gdpr@aug-e.io 

This privacy statement should be read together with our Cookie Statement which also applies to the use of the website.  

2. What personal data do we collect?

2.1 Personal data that you communicate to us via contact form 

You can use the contact form on our website www.aug-e.io/en/contact to contact us for any request. For requests via the contact form, the personal data that you filled out into the form will only be processed for answering your request. Filling in and submitting the form constitutes an affirmative action by which you have given your consent to the data processing.  

When you fill in the contact form on the website, the following personal data are collected by us:  

  • your name;  
  • your e-mail address;  
  • your phone number.  

The subject and message entered by you in the contact form are not considered personal data by us unless these fields contain information about an identified or identifiable natural person.  

As long as the above-mentioned non-personal data is associated with personal data, it will be treated by us as personal data.  

2.2 Personal data that you communicate to us via news & papers form 

You can use the news & form on our website www.aug-e.io/en/news/ to contact us. The personal data that you filled out into the form will only be processed to generate and distribute marketing materials through multiple communication channels. Filling in and submitting the form constitutes an affirmative action by which you have given your consent to the data processing.

When you fill in the news & papers form on the website, the following personal data are collected by us:  

  • your name;  
  • your e-mail address;  
  • your phone number.  

2.3 Personal data collected automatically  

Your visit to our website and/or use of our online services will be logged. The IP address currently used by your device, date and time, the browser type and operating system of your device, the pages accessed, the buttons that have been clicked, preferred language and Mouseflow may be recorded. This data is collected for the purposes of optimizing and improving our website as well as our online services. The processing is legally based on legitimate interest as it is in our legitimate interest to protect our website and to improve the quality of our services. Additionally, your personal data is only stored if you provide it to us on your own account, e.g. as part of a registration, a survey, an online application or for online purchase (performance of a contract). We have taken appropriate measures to ensure that the data provided to us during the registration is adequately protected.  

The website works with cookies that can collect personal data notably Google Analytics and Google Tag Manager. For more information about the aforementioned cookies, please refer to our cookie statement.  Cookie statement and cookie settings you will find by clicking black Cookiebot icon in left bottom corner on this website.

Google Analytics is a web analysis service provided by Google Inc. User data including your IP address, your geographical location, your browser type, the duration of your visit, the pages you visit and the duration per page, patterns regarding the frequency and times of your visit, etc. are automatically collected by Google Inc. during your visit.  

Google Tag Manager is a tag management system offered by Google Inc. just like Google Analytics. Tags, being small website code snippets, are placed on the website which also collect user data as listed above.  

Mouseflow is a website analytics tool provided by the company Mouseflow ApS registered in Denmark, Europe. Mouseflow is compliant with both Economic European Area and United Kingdom GDPR (General Data Protection Regulation). Mouseflow does the best to keep customers and website visitors safe by aligning with the current privacy legislations around the globe. Mouseflow automatically masks IP addresses and does not track ISP’s or keystrokes (non-PII (Personally identifiable information) fields can be whitelisted). 

Other than the above, aug.e NV does not use any automatic tools to collect personal data. 

2.4 Personal data communicated by third parties  

Insofar as personal data are communicated to aug.e NV by third parties, aug.e NV ensures that these third parties have obtained permission to communicate these personal data.  

3. Why do we collect your personal data and what do we do with them?

3.1 Personal data you share with us  

The processing of your personal data listed in Sections 2.1 & 2.2 of this Privacy Statement we use to contact you in a targeted manner and so that we can respond to you on an individual basis (if data provided via contact form) or to send you marketing materials or other news (for data received via news & papers form).  

3.2 Personal data collected automatically  

The collection of your data mentioned under 2.3 of this privacy statement is intended to increase your ease of use of our website and online products.  

The personal data automatically collected through Google Analytics are stored by Google on servers in the United States and are processed by them. We refer to Google’s privacy statement for this purpose. Google may communicate this collected data to third parties if Google is legally required to do so or insofar as these third parties process the information on behalf of Google. We use the data processed by Google, after it has been anonymized and compiled into statistics, to analyze the use and efficiency of the website and to examine the effect of online advertising and social channels, in order to optimize our service to you and to further increase the ease of use of the website. 

3.3 Communication to third parties and direct marketing  

We do not communicate your personal data to third parties with the exception of the data communicated to possible technical service providers of aug.e NV to enable the delivery of the services offered on the website. We will always ensure that these service providers to whom we provide your data will handle your personal data in the same correct and responsible way as aug.e NV.  

Your personal data will in no way be used by aug.e NV for direct marketing purposes unless there is explicit consent from your side.  

3.4 Processors / Trusted Third Parties

4. Duration of the retention of your personal data

When your e-mail via the contact form merely contains a request for information, this e-mail will be answered by aug.e NV from its mailbox and then kept in the inbox for a maximum period of ten years, after which it will be deleted. 

When you enter into a cooperation with us, your personal data will be entered into the software package of aug.e NV, where they will be kept for as long as necessary to carry out our cooperation. Your personal data will be removed from the software system five years after the termination of the collaboration with aug.e NV. 

5. Security of your personal data

aug.e NV, takes all reasonable technological and practical measures to protect your obtained personal data against loss, misuse, falsification, unauthorized access or processing.  

6. Your rights regarding your personal data

  • You are responsible for the accuracy of the personal data you provide to aug.e NV.  
  • You have the right to consult, at any time and free of charge, the personal data concerning you that we have in our possession, as well as the right to correct or amend them. You have the right to obtain your personal data in a structured, common and machine-readable form. You may also request that the data be transferred to another controller.  
  • You have the right to object to the processing of your personal data, to restrict the processing of your personal data or to request that we erase your personal data at any time. You should be aware that aug.e NV may then no longer be able to guarantee certain services.  
  • Moreover, in case of a request to delete your personal data, aug.e NV has the right to keep certain personal data if this is necessary for the performance of its contractual obligations towards you in the meantime or to comply with legal obligations.  
  • You always have the right to withdraw a previously given permission to process personal data.
  • Finally, you have the right not to be subject to decisions based solely on automated processing that produce legal effects concerning you or significantly affect you. 

To exercise all your rights, write to aug.e NV at Berkenlaan 8c, 1831 Machelen.  

If you have a complaint, you may also contact the competent supervisory authority, i.e. the Data Protection Authority, with its address at Drukpersstraat 35, 1000 Brussels, at telephone number +32 2 274 48 00 or by e-mail contact@apd-gba.be.

Processors / Trusted Third Parties
Processor Function Data processing Legal Basis Link to Privacy Policy of Processor
Exact Group B.V., Molengraaffsingel 33, 2629 JD Delft, The Netherlands Bookkeeping and accounting system Name, Title, Phone Number, Email address, Address and other applicable data will be processed if it is included in the invoice GDPR Art. 6 (1) lit. b https://files.exact.com/static/downloads/terms-and-conditions/Privacy-Policy-for-Exact-Services-EN.pdf
Freshworks Inc.,(formerly known as Freshdesk Inc.), 2950 S. Delaware St, Suite 201, San Mateo, CA 94403, U.S.A. Support system for better communication with you Data you shared with us wile sending request, question or message via Freshdesk form GDPR Art. 6 (1) lit. b https://www.freshworks.com/privacy/
Google Analytics, Google Building Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland Web analytics service Google Client ID, Click path, Date and time for visit, Device info, Location info, IP address, Pages visited, Referrer URL, Browser Info, Hostname, Browser language, Browser type, Screen resolution, Device operating system, Interaction data, User behavior, Visited URL GDPR Art. 6 (1) lit. a https://policies.google.com/privacy?hl=en
Microsoft Ireland Operations Ltd, One Microsoft Place, South County Business Park, Leopardstown, Dublin 18, Ireland Software and services for our company and developers Data provided to us to use our products or to contact us GDPR Art. 6 (1) lit. b https://privacy.microsoft.com/en-gb/privacystatement
Okta Headquarters North America, 100 First Street, San Francisco, CA 94105, USA Data you shared with us during registration and login processes to our online products GDPR Art. 6 (1) lit. b https://www.okta.com/privacy-policy/#ii-oktas-roles--responsibilities-1
Retool Inc., 1550 Bryant Street, San Francisco, CA 94103 Databases and configuration tool Users and buildings data GDPR Art. 6 (1) lit. a https://docs.retool.com/legal/privacy-policy
Silverfin NV, Gaston Crommenlaan 12, 9050 Gent The cloud accounting platform Account data, Contact information GDPR Art. 6 (1) lit. b https://www.silverfin.com/privacy
Visma Group and its subsidiaries, Head Office: Karenslyst allé 56, 0277 Oslo, Norway Customer management, project management and invoicing tool Account data, Contact information GDPR Art. 6 (1) lit. b https://www.teamleader.eu/privacy