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TERMS OF USE

 

User Agreement

Your use of Finlync App Centre web sites, mobile applications and services (the "Finlync App Centre") is expressly conditioned on your acceptance of the terms and conditions of this User Agreement. By using the Finlync App Centre, you signify your agreement to these terms and conditions. If you do not agree with any part of these terms and conditions, you may not use the Finlync App Centre. Finlync may at any time modify this User Agreement or the services provided hereunder and your continued use of the Finlync App Centre will be conditioned upon the terms and conditions in force at the time of your use. To indicate your agreement with these terms, click Subscribe. If you do not agree, do not click “Subscribe” and do not use the Finlync App Centre. 

Age and Responsibility
You represent that you are of sufficient legal age to create binding legal obligations for any liability you or the company you represent may incur as a result of the use of the Finlync App Centre. If you use the Finlync App Centre, you are responsible for maintaining the confidentiality of your account information and your password. You agree to accept responsibility for all activities that occur under your account or password. You understand that you are responsible for all uses of the Finlync App Centre by you and those using your login information.

 

Electronic Contracting

You acknowledge your agreement and intent to bind yourself and your employer, where applicable, by these electronic terms, terms related to purchase hereunder, including payment for such purchases. Your agreement and intent to be bound by electronic submissions applies to all records relating to all transactions you enter into on this site, including notices of cancellation, policies, contracts, and applications.

Ownership

Site Ownership. Finlync is the provider of the Finlync App Centre which permits you to obtain information about certain software applications and services to be utilized with the Finlync System and the Finlync Workspace for uses authorized under the subscriber agreement between you or your employer and Finlync.  The web sites and applications comprising a part of the Finlync App Centre, and each of their modules, together with the arrangement and compilation of the content found on such sites and applications, are the copyrighted property of Finlync Inc. (together with its corporate affiliates, "Finlync") and/or its third party suppliers and content providers ("Third Party Suppliers"). Certain data relating to schedules is the copyrighted work of third party information providers. In addition, the trademarks, logos and service marks displayed (collectively, the "Trademarks") are registered and common law Trademarks of Finlync and/or its Third Party Suppliers. No license or right to use any of the Trademarks without the written permission of Finlync, or such other party that may own the Trademarks, is granted or should be implied. The Finlync App Centre and the content provided thereby, including text, graphics, button icons, audio and video clips, digital downloads, data compilations and software, may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of Finlync, and/or its Third Party Suppliers. The use of such materials on any other web site, application or in any environment of networked computers is prohibited. Unauthorized use of the Finlync App Centre and/or the materials provided thereby may violate applicable copyright, trademark or other intellectual property laws or other laws. You shall be solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary right, or any other harm resulting from your use of the Finlync App Centre.

Finlync App Ownership, Support and Responsibility.  Unless otherwise expressly indicated, each Finlync App, application or service made available through the Finlync App Centre is owned by and the property of the Third Party Supplier indicated in the information about such application and is NOT owned or provided by Finlync.  As such, you agree that any requests related to support of such applications shall be made directly to such Third Party Supplier and that any claims made by you related to such application shall be made against such Third Party Supplier and NOT against Finlync.  You agree that Finlync will not have any liability or responsibility for any Third Party Supplier content, applications, data usage, services or failures to perform related to any of the foregoing.  You agree that Finlync and its Third Party Suppliers may share information about you and your purchase(s) where Finlync believes reasonable, including for the purpose of fulfilling such purchases, your utilization of your purchased Finlync App(s), collection of fees, and enforcement of terms related to such purchases.

Use of the Finlync App Centre
Finlync grants you a limited, non-transferable license to access and make personal use of the Finlync App Centre in accordance with the terms and conditions of this User Agreement. You may only use the Finlync App Centre to obtain information about the applications and services marketed therein and for purchase of such applications and services where available therein and shall not use the Finlync App Centre for any other purpose. For avoidance of doubt, this license does not include any resale or commercial use of the Finlync App Centre or its contents or any derivative use of the Finlync App Centre or its contents. Without limiting the foregoing, you may not:

  • share Finlync Apps purchased or licensed by you with any other person unless expressly authorized under the license terms for such application;

  • utilize the Finlync App Centre or its services outside of the authorized territories stated herein;

  • use or authorize or permit any third party to use on your behalf any "robot," "spider" or other automatic device, or a program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the web pages, data or content making a part of the Finlync App Centre, in any case without the prior written consent of Finlync;

  • copy, circumvent, reverse engineer, decompile, disassemble, or otherwise violate the usage terms or ownership rights of the Finlync App Centre, related information, any Finlync Apps or their providers;

  • utilize any software, application, or algorithm, whether integrated in a browser or otherwise, that frames, modifies or adds content to the layout, design, or content of any web page or application making a part of the Finlync App Centre;

  • transmit or otherwise transfer any web pages, data or content making a part of the Finlync App Centre to any other computer, server, web site, application or other medium for mass distribution or for use in any commercial enterprise;

  • use any device, software or routine to interfere or attempt to interfere with the proper working of the Finlync App Centre;

  • take any action that imposes a burden or load on the Finlync App Centre's or any other Finlync infrastructure that Finlync deems in its sole discretion to be unreasonable or disproportionate to the benefits Finlync obtains from your use of the Finlync App Centre; or

  • post or transmit via the Finlync App Centre (a) any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane information or material, (b) any information or material that (i) could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law, (ii) infringes the rights of others or violates their privacy or publicity rights, (iii) is protected by copyright, trademark or other proprietary right (unless with the express written permission of the owner of such right), (iv) contains a virus, bug or other harmful item, or (v) is used to unlawfully collude against another person in restraint of trade or competition.

In its sole discretion, in addition to any other rights or remedies available to Finlync and without any liability whatsoever, Finlync at any time and without notice may terminate or restrict your access to the Finlync App Centre. If you have been notified by Finlync that you are prohibited from using the Finlync App Centre, then notwithstanding the foregoing you have no license to use the Finlync App Centre and any access by you or on your behalf shall be unauthorized and unlawful. Finlync may provide notice under this or any other section of this agreement via an email sent to the email address contained in your user profile or otherwise used to make a booking via the Finlync App Centre, or in any other reasonable manner. Finlync reserves the right to cancel any and all purchases or other transactions you have made using the Finlync App Centre after you have been prohibited from using the Finlync App Centre, with no liability whatsoever to you. 

Payment and Delivery of Finlync Apps

You agree to pay for all purchases made through or related to the Finlync App Centre, including any taxes owed for such purchase.  You agree that delivery of or authorization to utilize purchased applications may be controlled by Finlync, even where purchased directly from a Third Party Supplier, and will be subject to prior payment and compliance with the terms of this User Agreement and any subscriber or customer agreement between you or your employer and Finlync.  All sales are final and non-refundable unless expressly stated otherwise for a specific Finlync App. You further agree that Finlync may suspend or terminate your access to any Finlync App for which you have not made payments due or for which it has a written statement from the applicable Third Party Supplier that you have violated the license agreement for such Finlync App, whether through non-payment or otherwise.  You acknowledge that to the extent a Finlync App increases the data processing charges incurred by you in your use of the Finlync System, you will be responsible for payment of such charges.

Submitted Content
These terms and conditions apply to any interactive features which allow for user submission of comments or content, including journals, recommendations, reviews, opinions, news articles, directories, guides, text, photographs, illustrations, graphics, logos, audio clips, images, information, data, photographs, software, messages, ideas, comments, questions, or other materials received by Finlync from you (collectively "Submitted Content"). Finlync shall have the right (but not the obligation) to, from time to time monitor and review Submitted Content and any other information transmitted or received through the Finlync App Centre and reserves the right to censor, edit, remove or prohibit the transmission or receipt of any information that Finlync deems inappropriate or in violation of these terms and conditions. During monitoring, the Submitted Content may be examined, recorded or copied, and your use of the Finlync App Centre constitutes your consent to such monitoring and review. You agree that you are responsible for the Submitted Content, and Finlync disclaims any responsibility and assumes no liability with respect to Submitted Content. By providing Submitted Content, you warrant that: (a) you are the owner of such Submitted Content, or have been granted all the rights necessary from the owner thereof to provide such Submitted Content to Finlync and for the use by Finlync as stated herein, and (b) the use of such Submitted Content by Finlync will not infringe the intellectual property rights of or otherwise violate the rights of any third party. You shall be solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary right or any other harm resulting from your use of the Finlync App Centre. You agree that if you provide Submitted Content, you grant Finlync a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicenseable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, display, perform, transfer, or sell such Submitted Content in any form, media or technology for any purpose whatsoever, including, without limitation, a commercial purpose, without any compensation to you, and you waive all moral rights with respect thereto. You further grant Finlync the right to pursue at law any person or entity that violates your or Finlync's rights in the Submitted Content by a breach of this User Agreement. You agree that you will not publish, submit, provide, or display such Submitted Content to or on any other commercial travel-related web-site, application or online service without Finlync's prior written consent, which consent may be withheld by Finlync in its sole discretion. Consent may be requested by emailing Finlync at support@finlync.com. You agree that Finlync may choose to provide attribution of Submitted Content provided by you (for example, showing your name and hometown on a travel review that you submit) at our sole discretion, and that such Submitted Content may be shared with Finlync's Third Party Suppliers, distribution partners, customers and other third parties. 

Territory

Nothing in this Agreement gives you the right to utilize the Finlync App Centre where such use is prohibited by law or regulation.   

Claim of Copyright Infringement
The Digital Millennium Copyright Act of 1998 (as amended, the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by us infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. Such notice must include

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

  • A description of the copyrighted work that you claim has been infringed upon;

  • A description of where the material that you claim is infringing is located on the site;

  • Your address, telephone number, and e-mail address;

  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.


Currency of Conversion
Currency rates are based on various publicly available sources and should be used as guidelines only. Rates are not verified as accurate, and actual rates may vary. Currency quotes are not updated every day. Check the date on the currency converter feature for the day that currency was last updated. The information supplied by this application is believed to be accurate, but Finlync and/or its Third Party Suppliers do not warrant or guarantee such accuracy. When using this information for any financial purpose, we advise you to consult a qualified professional to verify the accuracy of the currency rates. 

 

Exclusion of Warranties
neither Finlync nor any of its third party suppliers make any warranty of any kind regarding the Finlync App Centre and/or any materials provided via the Finlync App Centre, all of which are provided on an "as is" basis. Neither Finlync nor any of its third party suppliers warrant the accuracy, completeness, currency or reliability of any of the content or data provided via the Finlync App Centre and such parties expressly disclaim all warranties and conditions, including implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement, and those arising by statute or otherwise in law or from a course of dealing or usage of trade. Neither Finlync nor any of its third party suppliers warrant that the Finlync App Centre is free of viruses or other harmful components. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific rights which vary by state or country. 
The Finlync App Centre provides links to other web sites which are provided solely as a convenience to you and not as an endorsement by Finlync or its third party suppliers of the contents of such other web sites or the goods or services provided thereon. Neither Finlync nor any third party supplier shall be responsible for the content of any other web sites and make no representation or warranty regarding any other web sites or the contents or materials on such web sites or the goods or services provided thereon. If you decide to access other web sites, or to use such goods or services, you do so at your own risk.

You acknowledge that Finlync may modify its solutions at any time and such modification may create technical issues with Finlync apps you have purchased, including rendering them unusable until such time as the third party supplier has modified the Finlync app for use with the modified Finlync apps and you agree that Finlync shall have no liability for such.

Finlync expressly reserves the right to correct any pricing errors (including, without limitation, typographical or display errors, incorrect third party supplier information, and currency conversion miscalculations) and/or to change or cancel pending purchases made under an incorrect price. This right applies whether or not the order has been confirmed and/or your credit card charged. In the event of a correction to a pending purchase, as your sole and exclusive remedy we will offer you the opportunity to keep your pending purchase at the correct price or, at your option, we will cancel your purchase without penalty. 

Limitation of Liability
Finlync assumes no responsibility for, and shall not be liable for, any damage to your computer equipment or other property on account of your access to, or use of, the Finlync App Centre or your downloading of any materials, data, text, images, video or audio from the Finlync App Centre.

To the extent not prohibited by applicable law, in no event shall Finlync, in no event shall Finlync or any of its third party suppliers be liable for any injury, loss, claim, damage, or any special, exemplary, punitive, direct, indirect, incidental or consequential damages of any kind (including, but not limited to lost profits or lost savings), whether based in contract, tort, strict liability, equity or otherwise, which arise out of or are in any way connected with (i) any use of the Finlync App Centre or content found therein or applications or services purchased as a result of use thereof, (ii) any failure or delay, or (iii) the performance or non-performance by Finlync or any of its third party suppliers, including, but not limited to, non-performance resulting from bankruptcy, reorganization, insolvency, dissolution or liquidation even if such party has been advised of the possibility of damages to such parties or any other party.

The third party suppliers providing applications or services for purchase through this site are independent contractors and not agents or employees of Finlync. Finlync is not liable for the unintentional or intentional acts, errors, omissions, representations, warranties, breaches or negligence of any such third party suppliers or agents of third party suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom.

Finlync shall have no liability and will make no refund of payments made for applications or services provided by third party suppliers in any event, nor will Finlync be liable for any delay, cancellation, strike, force majeure or other causes beyond its direct control, and shall have no responsibility for any additional expense, omissions, delays or acts of any government or authority. 
If, notwithstanding the foregoing, Finlync or any third party supplier should be found liable for any loss or damage which arises out of or is in any way connected with any of the described functions or uses of the Finlync App Centre or its content, the liability of Finlync and the third party suppliers shall in no event exceed, in the aggregate, the total amount paid directly to Finlync by you in connection therewith. 



Indemnification
You shall defend and indemnify Finlync and any Third Party Suppliers and its and their respective owners, officers, directors, employees and agents from and against any claim, cause of action or demand, including without limitation reasonable legal and accounting fees, brought by or on your behalf in excess of the liability described herein or by third parties as a result of your use of the Finlync App Centre (including without limitation any violation by you of these terms and conditions, any law or the rights of a third party). 

Resolution of Disputes
The Finlync App Centre is operated by Finlync from within the United States.  This User Agreement and its performance shall be governed by the laws of the State of Texas, United States of America, without regard to conflict of laws provisions that would result in the application of the laws of any other jurisdiction. If a dispute does arise between you and Finlync, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Finlync agree that we shall resolve any action, claim or controversy at law or equity (a "Claim") that arises out of your use of the Finlync App Centre, this User Agreement, or the parties' relationship in connection with the Finlync App Centre or this User Agreement in accordance with one of the subsections below or as otherwise mutually agreed by the parties in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution since most customer concerns can be resolved quickly and satisfactorily in this manner.

  • Mandatory Arbitration - Any Claim where the total amount in controversy is less than US$10,000, shall be resolved via binding, non-appearance-based arbitration initiated through the American Arbitration Association ("AAA"). The AAA Rules are available online at www.adr.orgor by calling the AAA at 1-800-778-7879. AAA and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall be conducted by an arbitrator in Tarrant County, Texas who is approved or otherwise affiliated with the AAA; (c) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties in writing; (d) the arbitrator may award injunctive or declaratory relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim; (e) unless otherwise mutually agreed by the parties in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding; and (f) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If subparagraph (e) above is found to be unenforceable, then the entirety of this Mandatory Arbitration provision shall be null and void. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THIS USER AGREEMENT, YOU AND FINLYNC ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION WITH RESPECT TO THE CLAIMS COVERED BY THIS MANDATORY ARBITRATION PROVISION.

  • Improperly Filed Claims - All Claims you bring against Finlync must be resolved in accordance with this Resolution of Disputes Section. All Claims filed or brought contrary to the Resolution of Disputes Section shall be considered improperly filed and void. Should you file a Claim contrary to the Resolution of Disputes Section, Finlync may recover attorneys' fees and costs, provided that Finlync has notified you in writing of the improperly filed Claim, and you have failed to promptly withdraw the Claim.

 

Attorneys Fees
If Finlync takes any action to enforce this User Agreement, and such Claim is not resolved pursuant to the Mandatory Arbitration provision under RESOLUTION OF DISPUTES, above, Finlync will be entitled to recover from you, and you agree to pay, all reasonable attorney's fees and any costs of litigation, in addition to any other relief, at law or in equity, to which Finlync may be entitled. Moreover, you agree that Finlync may debit your credit or debit card or charge you for any such amounts. 

Injunctive Relief
You acknowledge that a violation or attempted violation of any of this User Agreement will cause such damage to Finlync as will be irreparable, the exact amount of which would be impossible or difficult to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that Finlync shall be entitled as a matter of right to seek an injunction from any court of competent jurisdiction, restraining such violation or attempted violation of these terms and conditions by you, or your affiliates, partners, or agents, without having to post a bond or other security. 

Privacy
You have read the Finlync App Centre Privacy Policy, the terms of which are incorporated herein, and you agree that the terms of such policy are reasonable. You consent to the use of your personal information by Finlync and/or its Third Party Suppliers in accordance with the terms of and for the purposes set forth in the Finlync Finlync App Centre Privacy Policy. 

 

Modification or Termination of Service of a Finlync App

Finlync reserves the right to modify, suspend or discontinue the Finlync App Centre services or any part thereof at any time with or without notice to you without liability to you.  Additionally, you acknowledge and agree that Finlync may suspend or deactivate any Finlync App which creates technical issues, unauthorized usage, any impairment of Finlync System integrity or usage or any other user’s access to or operation of the Finlync System, including, but not limited to:

 

1.         Finlync App stops responding

3.         Finlync App causes issues by utilizing too much memory or percentage of CPU capacity

4.         Finlync App causes problems or heavy traffic to Finlync server side systems

5.         Finlync App uses provided API against authorized purpose or design

6.         Finlync App creates legal compliance issues

7.         Finlync App contains malicious code such as spyware

Additional Terms and Conditions
Additional terms and conditions of Finlync and/or its Third Party Suppliers may apply to applications purchased through or as a result of the use of the Finlync App Centre. You agree to abide by any such additional terms and conditions and you understand that if you violate any such terms and conditions, it may result in your being denied access to the applicable application or services, or in other liability to the provider of such application or services. 

Miscellaneous
The relationship between Finlync and you will be that of independent contractors, and neither of us nor any of our respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other. You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder. These terms and conditions shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions. The headings used in this User Agreement are included for convenience only and will not limit or otherwise affect the terms and conditions herein. This User Agreement, together with any terms and conditions incorporated herein or referred to herein constitute the entire agreement between us relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available through the Finlync App Centre. 

 

 

PRIVACY POLICY AND DECLARATION OF CONSENT

Protecting your privacy is very important to Finlync. The following describes how we, Finlync Private Limited (hereinafter referred to as “Finlync” or “we”), collect, process and use your personal data (hereinafter referred to as the “use” of your data) when you visit our website www.finlync.com, associated websites at this domain, or other websites which we operate and which contain a direct link to this privacy policy (our “websites”). Please read our privacy policy carefully.

1. Controller, Finlync

Controller responsible for the collection, processing and use of personal data and controller according to the Federal Data Protection Act (BDSG) and General Data Protection Regulation (GDPR):

Finlync Private Limited

24 Raffles Place, #10-05,

Clifford Centre

Singapore 048621

 

2.  Use of personal data

Personal data are any information that relates to an individual or can be used to establish a connection to an individual. This includes, in particular, personal or material information about you.

a) Collection of personal data

Users can request free demos on our websites, register for webinars, contact us to subscribe to our e-mail newsletter, download content such as whitepapers and success stories, or register to use certain areas of the website. Finlync collects and stores only the personal data that you explicitly share with us through our contact and registration forms, or when signing up for the newsletter. The data we collect varies by activity and may include personal information such as first and last name, e-mail address, telephone number, postcode, city, and other address information. In certain cases, we may also collect your job title and area of activity, as well as other information we may need to provide you with full access to our products and services. 

b) Use of personal data

We use the personal data you provide exclusively to process your particular request. For example:

  • To respond to and fulfil your requests, such as sending you requested documents, information and marketing materials about our products and services, or the newsletter to which you subscribed

  • To register you for our webinars, events or training sessions/workshops

  • To provide customer services and handle support requests

  • To send marketing e-mails that may be of interest to you, provided you have given us special permission to do so

  • To personalise our websites with information and product-related content tailored to your needs

  • To register you for our partner portal or restricted customer areas

It is your decision whether to provide us with your data for the purposes mentioned above. To the extent that your request allows, you may also remain anonymous to us or use a pseudonym. Finlync will always obtain your express consent to use your personal data for other purposes (in particular for marketing purposes).

Furthermore, various web analytics tools and plugins are used on our websites, some of which collect personal data. For details, see section 6.

 

3. Newsletter 

The newsletters offered on our websites contain news, offers, invitations to webinars, trade fair dates and other information about the products and services offered by Finlync. 

If you request a newsletter and have given your consent to receive the newsletter when you registered, we will use your personal data as follows:
We use a double opt-in procedure when you request one of our newsletters. When you register for a newsletter or event, your first name, surname and e-mail address are collected and stored. When you register for an event, we also collect/save your postcode, city, company and job title. We may also transfer your data to other companies belonging to Finlync in order to improve the services we offer, for the purpose of marketing Finlync products and services, and to establish new business relationships. Once you have registered for the newsletter, we will send a confirmation e-mail to the address you provided, asking you to confirm that you wish to receive the newsletter. If you confirm the registration, the newsletter will be sent to your e-mail address on a continual basis. If you do not confirm the registration, your registration will be automatically deleted. 

To document that you submitted your declaration of consent, we also store your IP address and the dates on which you registered for and confirmed the newsletter.

If you no longer wish to receive the newsletter, you can unsubscribe at any time to stop receiving the newsletter. To do so, click the link contained in each newsletter to be guided through the unsubscribe process. Alternatively, you can send us your request to unsubscribe by e-mail (see section 12).
 

4. Log Files

We also collect and store information from the log files that your browser transmits to us. This includes:

  • IP (Internet Protocol) address of the computer accessing the website in order to maintain/improve the quality of our website, determine your geographic location, and enforce general security measures and access controls.

  • Browser type/version and operating system used in order to ensure that the websites are displayed in a way that is most compatible with your device settings.

  • Time of the server request in order to gather statistical information about which areas of our website were visited and how much time a visitor spent in each area.

These data are collected for technical reasons. They are evaluated exclusively for statistical purposes and without any reference to a specific person. They are deleted after 6 months.

 

5. Cookies

Cookies are stored on your computer when you use this website. Cookies are small text files in which the web browser stores information about internet pages you have visited. This may include information about the page visit such as duration, login data, user inputs, etc.

This website uses the following cookies:
– Transient cookies
– Persistent cookies
– Third-party cookies
– Flash cookies

(1) Transient cookies are automatically deleted when you close your browser. This category includes session cookies, among others. Session cookies store a session ID, which can be used to assign various requests from your browser to the shared session. This allows your computer to be recognised when you return to the site. Session cookies are deleted when you log out or close your browser.

(2) Persistent cookies are automatically deleted after a specified time period, which varies depending on the cookie. You can delete these cookies in your browser’s security settings at any time.

(3) Information on third-party cookies can be found in section 6. Use of Web Analytics Services.

(4) Flash cookies are not recorded by your browser but rather by your Flash plugin. These cookies store the necessary data independent of the browser used and have no automatic expiry date. If you do not want your computer to process Flash cookies, you must install a corresponding add-on. The legal basis for this data processing is Art. 6(1) lit. f) of the GDPR. We have a legitimate interest in processing this data because it enables us to carry out statistical evaluations regarding the use of our website and to optimise our online offerings for users.

You can configure your browser settings according to your needs, for example to refuse third-party cookies or all cookies. If you do so, however, you may not be able to use all the functions of this website.
If you do not wish our cookies to be stored, please do not confirm the opt-in prompt displayed when you first visit the website.

 

6. Use of Web Analytics Services

We use the following web analytics services for our websites: Google Analytics and Marketo. Web analytics services use cookies, which are text files stored on your computer to help the website analyse how users use the site. They also sometimes use web beacons, also known as tracking pixels. These are small graphics that are embedded in the HTML code of a website and stored on your computer. Web beacons are also used to monitor your use of the websites.
The personal data we collect through cookies or web beacons may also be passed on to other Finlync companies for the purpose of improving our range of services, marketing Finlync products and services and establishing new business relationships.

Tracking is not possible if you have image display disabled by default in your e-mail program. In this case, however, the newsletter will not be displayed in full and you may not be able to use all functions. If you enable display of the images manually, the aforementioned tracking takes place.

 Google Analytics

Our websites use Google Analytics, a web analytics service provided by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (hereinafter referred to as “Google”). Google Analytics uses cookies. The information generated by the cookies about your use of our websites, including your IP address, is generally transferred to a Google server in the USA and stored there. 

Google uses this information on our behalf to evaluate your use of our websites, to compile reports on website activity, and to provide us with other services relating to website activity and internet usage. 

Our websites employ IP address anonymisation for use with Google Analytics. This means that your IP address is truncated by Google on servers located within member states of the European Union or other states party to the Agreement on the European Economic Area before it is transferred to the United States. Only in exceptional cases will your full IP address be transmitted to a Google server in the USA and truncated there.

You can also prevent Google Analytics from collecting the data generated by the cookie relating to your use of the website (including your IP address) and prevent Google from processing these data by downloading and installing the browser plugin available at the following link: https://tools.google.com/dlpage/gaoptout?hl=de.

As an alternative to the browser plugin, you can also set an opt-out cookie for Google Analytics to prevent the collection of personal data by Google Analytics on our websites. Please click the following link to store this opt-out cookie on your hard drive: “Disable Google Analytics”.

Further information on terms of use and data protection can be found at https://www.google.com/analytics/terms/gb.html and http://www.google.com/intl/de/analytics/privacyoverview.html.


c) Google Tag Manager

Our websites use Google Tag Manager. Google Tag Manager is a solution that allows website tags to be managed through an interface. The Tag Manager tool itself, which actually implements the tags, is a cookie-free domain and does not collect any personal data. The tool triggers other tags that may themselves collect data. Google Tag Manager does not access these data. If tracking has been disabled at the domain or cookie level, this also applies for all tracking tags implemented with Google Tag Manager.

You can find more information about Google Tag Manager and Google’s privacy policy at https://www.google.com/intl/en-GB/tagmanager/use-policy.html and https://www.google.com/intl/en/policies/privacy/

 

7. Social Plugins

Our websites employ social networking plugins. These plugins are usually labelled with the provider’s logo. We use plugins from “Twitter” (provider: Twitter Inc., 1355 Market St, Suite 900, San Francisco, CA 94103), “LinkedIn” (provider: LinkedIn Corporation, 1000 West Maude Avenue, Sunnyvale, CA 94085, USA) and “XING” (provider: XING AG, Dammtorstraße 30, 20354 Hamburg, Germany).

For data protection reasons, we have deliberately decided not to use direct plugins from social networks on our websites. Instead we use a solution named “Shariff”. The Shariff application lets you decide whether and when data are transmitted to the various social network operators. When you visit our websites, no data are automatically transmitted to social networks such as Twitter, LinkedIn or XING. Only when you actively click the button does your internet browser establish a connection to the servers of the corresponding social network. In other words, by clicking the button you agree to allow your internet browser to establish a connection to the servers of the social network and transmit usage data to the network operator.

We have no control over the nature and extent of the data collected by the social networks. Please refer to the privacy policies of the various social networks for information about the purpose and scope of the data collection, how your data are processed and used by the social networks, your rights under data protection law, and optional settings you can configure to protect your privacy. 

Information about how your personal data are used can be found at http://twitter.com/privacy for Twitter, at https://www.linkedin.com/legal/privacy-policy for LinkedIn, and at https://www.xing.com/privacy for XING.

 

8. Use of Vimeo

To integrate video, we use a plugin for the video platform Vimeo, which is operated by Vimeo, LLC with headquarters at 555 West 18th Street, New York, NY 10011, USA. 

We have no control over the nature and extent of the data collected by Vimeo. Please refer to Vimeo’s privacy policy for information about the purpose and scope of the data collection, how your data are processed and used by Vimeo, your rights under data protection law, and optional settings you can configure to protect your privacy.

Further information about data processing and data protection by Vimeo can be found at https://vimeo.com/privacy

 

9. Contact Form / Registration Form

On our website, you can send us a request using the encrypted contact field on the “Contact” tab. Cookies are automatically saved as soon as you fill out this field, even if you have rejected the saving of cookies. You may also use a registration form to register for webinars or other events. All of the following information applies to both the contact and registration forms.

In order to process your request as accurately as possible, we ask you to enter personal data in our input mask. This includes your company, your name, your e-mail address (to ensure we can contact you), your country (to assign you to the appropriate office) and your job title. We collect these data so that we may advise you as best we can. 

The data you provide will only be used to contact you and process your request. These data are processed on the server; see section 6. a). The data will not be used for other purposes or passed on to third parties without your express consent (e.g. if you registered for our newsletter).  The legal basis for this data processing is Art. 6(1) lit. f) of the GDPR. We have a legitimate interest in collecting this data because they are needed to process or answer your message.

 

10. Duration of Data Storage

The data you provide to us will only be stored for as long as is necessary to fulfil the purpose for which they were provided or to comply with statutory provisions.

 

11. Transfer to Third Parties

Your personal data will be passed on to third parties only in the following cases:
– If you have given your express consent in accordance with Art. 6(1) lit. a) of the GDPR
– If transferring the data is necessary to fulfil contractual obligations pursuant to Art. 6(1) s. 1 b) of the GDPR
– If we are legally obliged to disclose the data under Art. 6(1) lit. c) of the GDPR
– If disclosure of the data is in the public interest within the meaning of Art. 6(1) lit. e) of the GDPR
– If disclosure of the data pursuant to Art. 6(1) lit. f) of the GDPR is necessary to protect our legitimate interests or the legitimate interests of a third party, unless your interests in protecting your data prevail
If you have given us your consent to do so, we may pass on the data collected during your visit to our websites to other Finlync companies in order to improve our range of services, to market Finlync products and services, and to establish new business relationships.
In addition, when processing your request, it may be necessary for Finlync to disclose your personal data to other Finlync companies or to external service providers acting on our behalf, including in non-European third countries. These service providers may be tasked with operating servers or sending news messages, for example. Finlync requires all of its affiliated companies and external service providers to use your personal data only in accordance with our policies and in accordance with this privacy policy, as well as with statutory requirements for order processing or similar requirements.

12. Rights of the Data Subject

You have the following rights regarding the processing of your data:

  • Pursuant to Art. 15 of the GDPR, you have the right to obtain from us information about the processing of your personal data regarding the purpose of the processing, the categories of data processed, the recipients or categories of recipient to whom the data have been or will be disclosed, and the envisaged duration of storage or the criteria for determining the duration. You also have rights of rectification, deletion, restriction of processing or objection to processing for your data, as well as the right to lodge a complaint with a supervisory authority. You also have the right to obtain information on the origin of the data, if applicable, information on the existence of any automated decision-making and, if data are transferred to a third country or international organisations, information on safeguards for the transfer pursuant to Art. 46 of the GDPR.

  • Pursuant to Art. 16 of the GDPR, you have the right to immediate rectification of incorrect or incomplete personal data.

  • Pursuant to Art. 17 of the GDPR, you have the right to deletion of stored personal data if the data are no longer necessary for the purposes for which they were collected or otherwise processed, if the data subject has withdrawn their consent and there is no other legal basis, or if an objection to processing has been filed and the data may no longer be processed pursuant to Art. 21(1) or Art. 21(2) of the GDPR. You also have the right of deletion if the data have been unlawfully processed, if the deletion is necessary to fulfil a legal obligation, or if the data have been collected in relation to information society services offered pursuant to Art. 8(1) of the GDPR. This does not apply if the processing is necessary to exercise the right to freedom of expression and information, to fulfil a legal obligation, for reasons of public interest, or to assert, exercise or defend against legal claims.

  • Pursuant to Art. 18 of the GDPR, you have the right to restrict the processing if you dispute the accuracy of the personal data (for the duration necessary to verify the accuracy) or if the processing is unlawful but you demand restriction of use rather than deletion. The right to restriction also applies if we no longer need your data for the purposes of processing, but you need the data to assert, exercise or defend against legal claims, or if you have lodged an objection to the processing pursuant to Art. 21(1) of the GDPR, provided it has not been established that Finlync’s legitimate reasons prevail over yours.

  • Pursuant to Art. 20 of the GDPR, you have the right to data portability, i.e. the right to receive the personal data that you have provided to Finlync in a structured, commonly used and machine-readable format or to transmit the data to another controller.

  • You have the right to object at any time to the processing of your personal data pursuant to Art. 21 of the GDPR (para. 2 if the data are processed for the purpose of direct marketing), or pursuant to Art. 21(1) of the GDPR (if the processing is based on Art. 6(1) lit. e) or f) of the GDPR) on grounds relating to your particular situation, unless Finlync has compelling legitimate reasons for the processing that outweigh your interests or the processing serves to assert, exercise or defend against legal claims.

  • Pursuant to Art. 7(3) of the GDPR, you have the right to revoke consent at any time. As a result, Finlync will cease processing the data from the time of revocation.

  • Pursuant to Art. 77 of the GDPR, you have the right to lodge a complaint with a supervisory authority. The right of complaint shall be without prejudice to other administrative or judicial remedies. The supervisory authority to which we are subject is listed in section 13.

  

13. Liability for Content

The content on our website was created with the utmost care. However, we cannot guarantee the accuracy, completeness or timeliness of the content.

 

14. Liability for Links

Our website may contain links to external, third-party websites over whose content we have no control. We therefore assume no responsibility for third-party content. 

The provider or operator of a linked website is always responsible for the content on the site. The linked site was checked for possible legal violations at the time of linking. No illegal content was discernible at the time of linking. Constant monitoring of the content on linked sites is not reasonable without concrete evidence of a legal violation. If we become aware of an infringement, we will remove such links immediately.


15. Data Security

We have taken technical and organisational measures to protect your data from loss, alteration or unauthorised access. We continuously improve these security measures in line with technological developments. Our website uses the industry standard SSL (Secure Sockets Layer) for encryption. This guarantees the confidentiality of your personal data when transmitted over the internet.

 

16. Updates and Modifications

We may change or update portions of this privacy policy without prior notice. Please review the privacy policy before using our services to ensure that you are always up to date with any changes or updates.
Last update of privacy policy: February, 8th 2019

18. Data Protection Officer

If you have questions, please contact our data protection officer Adeline Chan at adeline.chan@finlync.com

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