DataMiner Cloud Services

Terms of service

The DataMiner Cloud software (DataMiner Cloud Services) allows the User (as defined below) to connect DataMiner to Skyline's cloud platform which provides a wide variety of supporting services as well as added-value software extension services for DataMiner monitoring and orchestration platforms (the Purpose).

These terms of service (the “Agreement”) govern the use of DataMiner Cloud Services between, you, the user of DataMiner Cloud Services (the “User”) and Skyline Communications NV, having its principal place of business at Ambachtenstraat 33, 8870 Izegem, Belgium (“Skyline”). User and Skyline are also individually referred to as a “Party” and collectively as the “Parties”. 

It is important that you carefully read this Agreement before installing and using DataMiner Cloud Services. 

By clicking "I agree" and using DataMiner Cloud Services (a) you are indicating that you have read and understood this Agreement, and agree to be legally bound by it on behalf of the company, government, or other entity for which you are acting (for example, as an employee or government official) or, if there is no company, government or other entity for which you are acting, on behalf of yourself as an individual; and (b) you represent and warrant that you have the authority to act on behalf of and bind such company, government or other entity (if any). 

User agrees that this Agreement is like any written negotiated agreement signed by User. This Agreement is enforceable against User. If User does not agree to the terms of this Agreement, User may not use DataMiner Cloud Services. 

1. Grant of rights

Skyline hereby grants to User, who accepts, a personal, non-transferable, non-exclusive right to use DataMiner Cloud Services, only as authorized in this Agreement.

2. User responsibilities

2.1. Unless expressly agreed otherwise in writing, User shall not:

(a) use DataMiner Cloud Services for service bureau or time-sharing purposes or in any other way allow third parties to exploit DataMiner Cloud Services;

(b) provide DataMiner Cloud Services passwords or other log-in information to any third party;

(c) use DataMiner Cloud Services in order to build a competitive product or service, to build a product using similar ideas, features, functions or graphics of DataMiner Cloud Services, or to copy any ideas, features, functions or graphics of DataMiner Cloud Services;

(d) engage in data scraping on or related to DataMiner Cloud Services, including without limitation collection of information through any software that simulates human activity or any bot or web crawler.

In the event that it suspects any breach of the requirements of this Section 2.1, Skyline may suspend User’s right to use DataMiner Cloud Services without advance notice, in addition to such other remedies as Skyline may have.

User is responsible and liable for: (a) User’s use of DataMiner Cloud Services, including without limitation unauthorized User conduct and any User conduct that would violate the requirements of this Agreement applicable to User; and (b) any use of DataMiner Cloud Services through User’s account, whether authorized or unauthorized.

2.2. Unauthorized Access. User shall take reasonable steps to prevent unauthorized access to DataMiner Cloud Services, including without limitation by protecting its passwords and other log-in information. User shall notify Skyline immediately of any known or suspected unauthorized use of DataMiner Cloud Services or breach of its security and shall use best efforts to stop said breach. 

2.3. Compliance with Laws. In its use of DataMiner Cloud Services, User shall comply with all applicable laws, including without limitation laws governing the protection of personally identifiable information and other laws applicable to the protection of personal data.

3. Confidentiality

3.1. Confidential Information. User recognizes that DataMiner Cloud Services is proprietary and confidential property of Skyline. Accordingly, User shall not, without the prior express written consent of Skyline during the term of this Agreement, disclose or reveal to any third party or utilize for its own benefit other than pursuant to this Agreement, any information provided by Skyline concerning DataMiner Cloud Services, provided that such information was not previously known to User or to the general public. User agrees to only use DataMiner Cloud Services for the Purpose only. User shall take all reasonable precautions to preserve the confidentiality of Skyline’s’ DataMiner Cloud Services and shall assume responsibility that its employees and assignees will similarly preserve this information against third parties. The provisions of this clause shall survive termination of this Agreement. 

4. Intellectual property and feedback

4.1. IP Rights. Skyline retains all rights and title in and to DataMiner Cloud Services, including without limitation all software used to provide DataMiner Cloud Services and all graphics, user interfaces, logos, and trademarks reproduced through DataMiner Cloud Services. Except as expressly stated herein, this agreement does not grant User any rights in DataMiner Cloud Services. User recognizes that DataMiner Cloud Services and its components are protected by copyright and other laws. 

4.2. Feedback. Skyline has not agreed to and does not agree to treat as confidential any Feedback (as defined below) User provides to Skyline, and nothing in this Agreement or in the parties’ dealings arising out of or related to this Agreement will restrict Skyline’s right to use, profit from, disclose, publish, keep secret, or otherwise exploit Feedback, without compensating or crediting User. Notwithstanding the provisions of Article 3 above, Feedback will not be considered Confidential Information. “Feedback" refers to any suggestion or idea for improving or otherwise modifying any of Skyline’s products or services. 

4.3 However, by posting, uploading, inputting, providing or submitting Feedback User is granting Skyline permission to use the Feedback in connection with the operation of Skyline’s businesses including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat the Feedback; to publish User’s name in connection with the Feedback; and the right to sublicense such rights to any supplier of the services. No compensation will be paid with respect to the use of the Feedback, as provided herein. Skyline is under no obligation to post or use any Feedback provided, and Skyline may remove any Feedback at any time in its sole discretion in line with the Acceptable Use Policy.

5. Representations and warranties

5.1. From Skyline. Skyline represents and warrants that it is the owner of DataMiner Cloud Services and of each and every component thereof, or the recipient of a valid license thereto, and that it has and will maintain the full power and authority to grant the rights set forth in this Agreement without the further consent of any third party. In the event of a breach of this Section 8.1, Skyline, at its own expense, shall promptly take the following actions: (a) secure for User the right to continue using DataMiner Cloud Services or (b) replace or modify DataMiner Cloud Services to make it non-infringing. In conjunction with User’s right to terminate for breach where applicable, the preceding sentence states Skyline’s sole obligation and liability, and User’s sole remedy, for breach of the warranty in this Section 8.1 and for potential or actual intellectual property infringement by DataMiner Cloud Services. 

5.2. From User. User represents and warrants that: (a) it has the full right and authority to enter into, execute, and perform its obligations under this Agreement and that no pending or threatened claim or litigation known to it would have a material adverse impact on its ability to perform as required by this Agreement; (b) it has accurately identified itself and it has not provided any inaccurate information about itself to or through DataMiner Cloud Services; and (c) it is a corporation, sole proprietorship or another entity authorized to do business pursuant to applicable law. 

5.3. Warranty Disclaimers. Except to the extent set forth in this Section 8.1 above, User accepts DataMiner Cloud Services “as is” and as available, with no representation or warranty of any kind, express or implied, including without limitation implied warranties of merchantability, fitness for a particular purpose, or noninfringement of intellectual property rights, or any implied warranty. Without limiting the generality of the foregoing: (a) Skyline has no obligation to indemnify or defend User against claims related to infringement of intellectual property; (b) Skyline does not represent or warrant that DataMiner Cloud Services will perform without interruption or error; and (c) Skyline does not represent or warrant that DataMiner Cloud Services is secure from hacking or other unauthorized intrusion or that personal data will remain private or secure. 

6. Limitation of liability.

6.1. Definitions. The term “Direct damage” shall mean any amounts that are paid by Skyline for the delivery of any malfunctioning software or the execution of the damaging services, as well as the amounts paid to Skyline or a third party for the remediation of the culpable shortcoming. The term “Indirect damage” shall mean, and the following list is not exhaustive: any form of consequential damage, loss of profit, financial or commercial losses, loss of savings, increase in general expenses, increases in personnel costs, loss of goodwill, loss caused by business interruption, damages caused by claims of customers of the User, damage relating to the use of articles, materials or software of third parties suggested by Skyline to the User, and damage relating to the engagement by the User of suppliers suggested by Skyline, damage caused by the disruption of the schedule and the loss of customers, loss of an opportunity, image and brand damages, etc. 

6.2. Direct Damage. The total liability of Skyline for Direct damage due to a grave or minor culpable shortcoming, including any shortcoming in the fulfilment of the warranty obligations agreed with the User, if any, shall be limited to the compensation of the Direct damage, subject to the maximum of the amounts actually invoiced and paid for under this Agreement (exclusive of VAT) by User to Skyline during the year the Direct damage occurred.  

6.3. Indirect Damage. The liability of Skyline for Indirect damage due to a grave or minor culpable shortcoming is expressly excluded, and so is the liability of Skyline on the grounds of damage, destruction or loss of data or documents. Insofar as such exclusion is regarded as impermissible (whether under the law or otherwise) under the prevailing legal system, the total compensation payable by Skyline shall be limited to the maximum of the amounts actually invoiced and paid for by User to Skyline under this Agreement during the year the Indirect damage occurred (exclusive of VAT). 

6.4. Liability Cap.  In no case shall the total liability of Skyline for any financial damage whatsoever for grave or minor shortcomings exceed € 50.000,00. The total liability of Skyline for damage in the form of material damage to assets shall never exceed € 250,000.00. 

6.5. Other Exclusions. The exclusions and limitations of liability of Skyline, as contained in the Clauses 6.1 to 6.4, do not prejudice to any extent any other lower limitations on damages or exclusions of liability under alternative arrangements, if any, between the Parties. The User is aware that the limitations on damages or liability agreed between the Parties, are essential to the amount of the agreed fees and prices, and the practical modalities of cooperation between the Parties. 

6.6. Not Excluded. The exclusions and limitations on liability specified in Clauses 6.1 to 6.4 shall not apply if and insofar as such damage is the result of an intentional act of Skyline. 

6.7. The DataMiner Cloud Services may link to other websites or platforms. Unless expressly stated, these websites or platforms are not under the control of Skyline. Skyline assumes no responsibility for the content of such websites or platforms and disclaim any liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another website or platform on the DataMiner Cloud Services does not imply any endorsement of the websites or platforms themselves or of those in control of them.

7. Term and termination

7.1. Term. This Agreement is effective as of the date User clicks “I agree” (the “Effective Date”). The term of this Agreement (the “Term”) will commence on the Effective Date and continue for as long as the User has a valid and purchased (if applicable) right to use DataMiner Cloud Services.

7.2. Material Breach. Either party may terminate this Agreement for the other’s material breach by written notice specifying in detail the nature of the breach, effective in 30 days unless the other party first cures such breach, or effective immediately if the breach is not subject to cure. 

7.3. Effects of Termination. Upon termination of this Agreement the rights granted in art. 1 shall terminate and User shall cease all use of DataMiner Cloud Services. The provisions on confidentiality will survive termination of this Agreement, as well as any other provision of this Agreement that must survive to fulfil its essential purpose. 

8. Publicity.

8.1. Publicity. User agrees that Skyline may publish a brief description describing User its deployment of DataMiner Cloud Services and identify User as a User of Skyline’s products and services on any of Skyline’s websites, client lists, press releases, and/or other marketing materials. 

9. Data protection

9.1. Skyline: (a) shall not access, process, or otherwise use personal data other than as necessary to facilitate DataMiner Cloud Services and for the purposes mentioned in Annex 1: Data Protection Addendum; and (b) shall not intentionally grant any third party access to personal data, including without limitation other DataMiner Cloud Services users. Notwithstanding the foregoing, Skyline may disclose personal data as required by applicable law or by proper legal or governmental authority. Skyline shall give User prompt notice of any such legal or governmental demand and reasonably cooperate with User in any effort to seek a protective order or otherwise to contest such required disclosure, at User’s expense.  

9.2 In the event that personal data is processed through DataMiner Cloud Services, Skyline is committed to protecting the privacy of all data subjects. The purposes and the scope of such processing can be found in Annex 1: Data Protection Addendum.

9.3. Risk of Exposure. User recognizes and agrees that hosting data online involves risks of unauthorized disclosure or exposure and that, in accessing and using DataMiner Cloud Services, User assumes such risks. Skyline offers no representation, warranty, or guarantee that data will not be exposed or disclosed through errors or the actions of third parties. 

9.4. Data Accuracy. Skyline will have no responsibility or liability for the accuracy of data uploaded to DataMiner Cloud Services by User, including without limitation personal data and any other data uploaded. 

9.5. Aggregate & Anonymized Data. Notwithstanding the provisions above of this Article 9, Skyline may use, reproduce, sell, publicize, or otherwise exploit Aggregate Data in any way, in its sole discretion. The term “Aggregate Data” means data that is anonymized and does not contain any personal data.

9.6. Note that the DataMiner Cloud Services uses third party platforms which Skyline is not responsible for. Please review the privacy policies of such third parties’ platforms before logging in and using one of these modalities. This Agreement does not address the privacy or information practices of any third parties. Please review each of these terms of use and privacy policies carefully before using their services and connecting to the DataMiner Cloud Services.

10. Miscellaneous Provisions

10.1. Entire Agreement. This Agreement contains the entire agreement and understanding between the Parties with respect to the subject matter hereof and supersedes and replaces all prior agreements or understandings, including but limited to any supply agreements, partnership agreements, memorandums of understanding, letters of intents, if any, written or oral, with respect to the same subject matter still in force between the Parties. Any deviations from the terms of this Agreement related to the same subject matter contained in any future Agreements shall explicitly refer to the corresponding section of this Agreement.

10.2. Amendment. Any amendment to this Agreement, as well as any addition or omissions, can only be agreed in writing with the mutual consent of and duly signed by the Parties. 

10.3. Assignment. User may not assign this Agreement or any of its rights or obligations hereunder without Skyline’s express written consent. Except to the extent forbidden in this Section 11.3., this Agreement will be binding upon and inure to the benefit of the parties’ respective successors and assigns. 

10.4. Severability. Whenever possible, the provisions of this Agreement shall be interpreted in such a manner as to be valid and enforceable under applicable law. However, if one or more provisions of this Agreement is found to be invalid, illegal or unenforceable, in whole or in part, the remainder of any such provision and of this Agreement shall not be affected and shall continue in full force and effect as if the invalid, illegal or unenforceable provision had never been contained herein. Moreover, if the Parties decide to amend the invalid, illegal or unenforceable provision(s) or any part thereof and/or agree on a new provision, they should take care that the new or amended provision embodies as closely as possible the purpose of the invalid, illegal or unenforceable provision(s). 

10.5. No Waiver. Any failure or delay by either Party in exercising any right under this Agreement, the exercise, in whole or in part, of any right under this Agreement, or any reaction or absence of reaction by either Party in the event of violation by the other Party of one or more provisions of this Agreement shall not operate or be interpreted as a waiver (whether express or implied, in whole or in part) of any of its rights under this Agreement or under said provision(s), nor shall it preclude the further exercise of any such rights. Any waiver of a right must be express and in writing. If one Party has expressly waived a right in writing following a specific failure by the other Party, this waiver cannot be invoked by the latter Party in favour of a new failure, similar to the previous one, or any other failure. 

10.6. Force Majeure. No delay, failure, or default, other than a failure to pay fees when due, will constitute a breach of this Agreement to the extent caused by acts of war, terrorism, hurricanes, earthquakes, pandemics, other acts of nature, strikes or other labour disputes, riots or other acts of civil disorder, embargoes, or other causes beyond the performing party’s reasonable control. 

11. Applicable law and jurisdiction

11.1. Choice of Law. All issues, questions and disputes concerning the validity, interpretation, enforcement, performance or termination of this Agreement as well as all tort matters and extra-contractual liability between the Parties, shall be governed by and construed in accordance with Belgian law, without giving effect to any other choice of law or conflict-of-laws rules or provisions (Belgian, foreign or international), that would cause the laws of any jurisdiction other than Belgium to be applicable. The United Nations Convention on Contracts for the International Sale of Goods (1980) (“Vienna Convention”) is not applicable between Parties. 

11.2. Jurisdiction. Any dispute concerning the validity, interpretation, enforcement, performance or termination of this Agreement as well as any dispute on a tort or any other extra-contractual matter shall be submitted to the exclusive jurisdiction of the competent courts of Gent, division Kortrijk, Belgium. However, before initiating any legal proceedings, the Parties will negotiate in good faith in order to settle their dispute out of court. 

Annex 1: Data protection addendum

The purpose of this data protection addendum is to provide you with a clear explanation of what Personal Data we collect, when, why and how we collect, use and share your Personal Data and it explains your statutory rights. This data protection addendum informs Users on the collection, use and sharing of your Data in connection with Skyline’s provision of DataMiner Cloud Services.

For purposes of this data protection addendum, “to provide” a Cloud Service consists of:

Delivering functional capabilities as licensed, configured, and used by User and its users, including providing personalized user experiences;
Troubleshooting (preventing, detecting, and repairing problems); and
Ongoing improvement based on Aggregate Data (installing the latest updates and making improvements to user productivity, reliability, efficacy, and security).

When providing DataMiner Cloud Services, Skyline may use or otherwise process Metric Data or Personal Data (referred to together as “Data”) or Aggregate Data for: (a) user profiling, (b)commercial purposes, or (c) knowledge extracting research aimed at creating new functionalities, services, or products.

Processor contact details

The processor is:
Skyline Communications nv
Ambachtenstraat 33, 8870 Izegem
Company registration number: 0428.257.869

Definitions

“Metric Data” means non-personal data which are of a scientific or technical nature;

“Personal Data” means any information relating to an identified or identifiable person;

“EEA” means European Economic Area;

“GDPR” means 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;

What information do we collect and how do we collect it?

If you use our Dataminer Cloud Services, we will collect Metric Data (such as for example temperature of a device or other relevant device data) and potentially a limited amount of Personal Data such as functions used/clicked by a certain user when using our DataMiner software or user names.

how do we use your Personal Data?

To provide our products and services

We collect Personal Data in order to offer our products and/or services and their functions. We may use the Data collected in order to validate your order or subscription, to process your payment (for instance of a monthly fee in the case of a subscription) and to provide the products and services that you requested, ordered or to which you subscribed. We will also use your Personal Data as far as necessary for the handling and fulfilment of your order as well as to provide customer support.

We also use this Data for customer management purposes, to maintain our relationship with you, to provide you with a stellar customer experience.

Skyline may process Metric Data and Personal data to provide you with recommendations and tips regarding your use of DataMiner. These suggestions may include ways to better secure your account or data, options to improve performance or suggestions to resolve alarms. We may also evaluate your response to our recommendations.

To verify your identity

We may use the Data collected from you to verify your identity. We may also use this Data to establish and set up your account, verify or re-issue a password, log your activity and contact you from time to time.

For internal business purposes

We may use and evaluate the Data collected from you to help us improve the performance and functionality of our DataMiner Cloud Services. We may use Metric Data to develop new products and functionalities for our DataMiner Cloud Services and other Skyline products and services. We use your Personal Data for internal system-specific security purposes.

We use your Personal Data for internal system-specific security purposes.

To communicate with you

We use your Personal Data to respond to your queries and/or complaints about our products or services, and to provide you important information about your account.

Legal basis for processing personal data

We will only collect, use or share your Personal Data for the purposes set out in this Addendum where we are satisfied that:

Our use of your Personal Data is necessary to perform a contract or take steps to enter into a contract with you. For example, in order to adequately organize your DataMiner Cloud Services subscription, it will be necessary for us to process certain Personal Data such as your address, phone number, identification data and payment data to create your user account. Also, we carry out this processing for the purpose of knowing our customer and maintaining our relationship with you, to provide you with a stellar customer experience; or
Our use of your Personal Data is necessary to support legitimate interests that we have as a business to provide services to our Users, provided it is conducted at all times in a way that is proportionate, and that respects your privacy rights. For example, we strive to always improve our services in order to make them fit our Users’ needs. For this reason, we process Metric and Personal Data such as device information and draw insights in relation to possible improvements; or
Our use of your Personal Data is necessary to comply with a relevant legal or regulatory obligation that we have. For example, to maintain appropriate business records, to comply with lawful requests by public authorities and to comply with applicable laws and regulations or as otherwise required by law.

Data retention

We may retain your Data as long as necessary to provide our services, and beyond such time to the extent legally permitted and based on our legal obligations (e.g., in relation to invoice retention) or legitimate interests (e.g., in retaining data for the purposes of responding to possible disputes or complaints or for possible reactivation of your account).

In addition, we maintain a data retention policy which we apply to Data in our care. Where your data is no longer required, we will ensure it is securely deleted or anonymized so that identification is not possible, unless Skyline has to keep the Data, including Personal Data, to comply with legal or regulatory obligations.

We may share your Personal Data

Skyline may share your Personal Data with third parties (or otherwise allow them access to it) only in the following manners and instances:

To other Skyline entities for the purposes mentioned in this addendum;
With any third parties to whom Skyline subcontracts all or part of this processing. The purpose of this transfer will be to help manage our business and deliver services. Note that we will never sell your Personal Data to a third party. These third parties have agreed to confidentiality restrictions and use any Personal Data we share with them or which they collect on our behalf solely for the purpose of providing the contracted services to us;
Where permitted by local data protection laws, Skyline may disclose or otherwise allow access to your Personal Data pursuant to a legal request, such as a subpoena, legal proceedings, search warrant or court order, or in compliance with applicable laws, if we have a good faith belief that the law requires us to do so. We will make reasonable efforts to notify you. If warranted, we may also allow access to this information in special emergencies where physical safety is at risk. Wherever possible and allowed by applicable law, User shall be entitled to specific performance or equitable relief by way of injunction or otherwise in the event a disclosure of, or access to, Personal Data is requested.
We may disclose any Personal Data or other information obtained from or about you, to third parties in connection with a merger, acquisition, bankruptcy or sale of all or substantially all of our assets, to the extent that his is necessary for the process.

Transferring your Data globally

The DataMiner Cloud Services utilize servers around the world and your Personal Data used in the provision of DataMiner Cloud Services may be processed on servers located outside of the country where you live. Data protection laws can vary among countries, with some providing more protection than others. Regardless of where your Data is processed, we apply the same protections described in this Addendum. Any modifications to the geographic location of your Data when providing certain services other than our general DataMiner Cloud Services shall, if applicable, be subject to a separate agreement concluded with Skyline.

Your rights in relation to your personal data

Subject to requirements as set out below, and in some case dependent upon the processing activity we are undertaking, you have the following rights:

To request that we provide you with a copy of your Personal Data that we hold and you have the right to be informed of: (a) the source of your Personal Data; (b) the purposes, legal basis and methods of processing; (c) the data controller’s identity; and (d) the entities or categories of entities to whom your Personal Data may be transferred;
To request that we cease processing your Personal Data, in whole or in part, as you direct us, for any purpose, save to the extent it is lawful to do so without consent;
To obtain and reuse your Personal Data for your own purposes across different services. This right only applies to Personal Data you have provided to us;
To request that we restrict the processing of your Personal Data where: (a) the accuracy of the Personal Data is contested; (b) the processing is lawful but you object to the processing of the Personal Data; (c) we no longer require the Personal Data for the purposes for which it was collected; but it is required for the establishment, exercise or defense of a legal claim;
To request that we erase your Personal Data in limited circumstances where it is no longer necessary in relation to the purpose(s) for which it was collected or processed;
To challenge processing which we have justified based on legitimate interest;
To request that we not transfer your Personal Data to unaffiliated third parties for the purposes of direct marketing or any other purposes;
To request that we change the manner in which we contact you for marketing purposes;
To request that we correct any errors in your Personal Data;
To request that we update your Personal Data as required. Note that you may also correct, update or remove certain parts of such Personal Data by yourself, or completely deactivate your account, through your account settings;
To obtain a copy of the safeguards under which your Personal Data is transferred outside the EU; and
To lodge a complaint with your local supervisory authority for data protection.

We may ask you for additional information to confirm your identity and for security purposes, before disclosing the Personal Data to you. We reserve the right to charge a fee where permitted by law, for instance if your request is manifestly unfounded or excessive.

User data ownership

Skyline does not inspect, approve, or monitor User Data. Moreover, Skyline does not know what kind of Data Users process in DataMiner. The DataMiner Cloud Services host does not claim data ownership over the User Data that's entered into DataMiner.

If Skyline becomes aware of Metric or Personal Data being stored on DataMiner that has not been processed in accordance with the provisions of the GDPR or any other applicable laws, Skyline will inform the User of such unlawful processing. Skyline assumes no liability for such unlawful processing.

Technical and organizational measures – how do we protect and store your data?

Data security

To prevent unauthorized access, maintain data accuracy, and ensure the correct use of Data, we have put in place appropriate physical, electronic and managerial procedures to safeguard and secure the Data we collect. Some of the steps we take are: placing confidentiality requirements on our staff and service providers; destroying or permanently anonymizing Personal Data if it is no longer needed for the purposes for which it was collected. Skyline will comply with applicable laws in the event of any breach of security, confidentiality or integrity of your Personal Data and, where we consider appropriate or where required by applicable law, notify you via email, text or conspicuous posting on our website in the most expedient time possible and without unreasonable delay, in so far as it is consistent with (i) legitimate needs of law enforcement, or (ii) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.

Skyline’s DataMiner Cloud Services are hosted by Microsoft Azure. For further information on how Microsoft protects your Data, please consult Microsoft’s terms that can be found on their website.

Confidentiality

Skyline shall not disclose Personal or Metric Data to any person or entity except Permitted Recipients and shall not permit Personal Data to be Processed by any person or entity except Permitted Recipients. “Permitted Recipients” are Skyline Communication’s current employees, affiliates and third-party service providers who both (a) have a need to know Personal or Metric Data; and (b) have agreed in writing with Skyline to process and maintain the confidentiality of Personal and Metric Data.

Personnel security

Skyline personnel are required to conduct themselves in a manner consistent with the company’s guidelines regarding confidentiality, business ethics, appropriate usage, and professional standards. Personnel are provided with security training. Personnel handling Metric and Personal Data are required to complete additional requirements appropriate to their role (e.g., certifications). Skyline’s personnel will not process Metric or Personal Data without authorization.

Subprocessors security

Before onboarding subprocessors, Skyline conducts an audit of the security and privacy practices of subprocessors to ensure subprocessors provide a level of security and privacy appropriate to their access to data and the scope of the services they are engaged to provide. Once Skyline has assessed the risks presented by the subprocessor, the subprocessor is required to enter into appropriate security, confidentiality and privacy contract terms.

Contact information

If you have any questions about this Addendum or wish to exercise any of your rights described in the section “Your rights in relation to your personal data”, you can contact us via privacy@skyline.be. We will attempt to resolve any complaints regarding your personal data in accordance with this Addendum.

For EU Member State residents, you also have a right to lodge a complaint with your national data protection supervisory authority at any time. However, we encourage you to contact us first.

Legal Terms & Conditions