Welcome to the TAPPTIC website. In this website, TAPPTIC and all its subsidiaries and affiliates are collectively referred to as “TAPPTIC”.
Images shown on this website are either the property of, or used with permission of their owners by, TAPPTIC. Any unauthorized use of these images may violate intellectual property laws, the laws of privacy and publicity, and/or communications statutes and regulations.
You are entitled to view, copy, print, and otherwise distribute content from this website provided that : you use it for informational purposes only; you do not modify the content; your copy must include all copyright and other proprietary notices; and you do not incorporate your copy (or any part thereof) into other works without the written permission of TAPPTIC.
TRADEMARKS AND TRADENAMES
The TAPPTIC name and logo are registered trademarks of TAPPTIC.
LINKS TO THIRD-PARTY WEB-SITES
Some links on this website will direct you to websites that are not owned or operated by us. These linked sites are not under our control. We provide these links for your convenience only and the inclusion of any link does not indicate endorsement, express or implied, investigation or verification by us. We do not make any representations, warranties or representations concerning their contents and you use these third party websites solely at your risk. Your use of these linked sites may be subject to terms and conditions contained in these websites, which you should locate and review.
LIMITATION OF LIABILITY
TAPPTIC maintains this website for information purposes only. While TAPPTIC uses reasonable efforts to provide accurate and current information on this website, TAPPTIC makes no warranties or representations as to its accuracy and assumes no responsibility or liability for any errors or omissions in the content of this website.
Neither TAPPTIC, its subsidiaries, affiliates, their directors, officers, employees, agents, contractors nor any other party involved in creating, producing, or delivering the information on this website is liable for any direct, indirect, incidental, special, consequential, punitive or other damages whatsoever, arising out of or in connection with your access to or use of this website. This includes business interruption and loss of use, data, information and profits (regardless of the form of action, including but not limited to contract, negligence or other tortuous acts). This limitation applies even if TAPPTIC has been advised of, or foresees, the possibility of any damages occurring.
Without limiting the generality of the foregoing, everything on this website is provided to you “as is”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, except where such exclusions are prohibited by law.
You agree not to use any information on this website or linked to this site in any claims, proceedings, suits or action against TAPPTIC.
TAPPTIC assumes no responsibility or liability for any damages sustained, or viruses or other destructive items that infect your computer equipment or other property in connection with your access to or use of this website or your downloading of any data, text, images, files or other materials from the site.
TAPPTIC cares about your privacy and is committed to maintaining the security, confidentiality and privacy of your personal information. In this document, the words “TAPPTIC”, “we”, “us” and “our” refer to TAPPTIC and its affiliated entities. This statement discloses the privacy practices and policies relating to the use of our website. In addition, other local privacy notices may be applicable for countries in which we operate to reflect local practices and legal requirements where information is collected. Information Collection, Use and Disclosure This Policy applies to personal information about individuals, but does not include information collected, used or disclosed with respect to corporate or commercial entities or information that is exempted under any applicable privacy legislation.
COLLECTION AND USE OF PERSONAL INFORMATION
We may collect, use and disclose certain personal information from and about you when you voluntarily provide it by either subscribing to any of our subscription/news services, by applying for one of the jobs posted at our website or by reaching out to us through our contact form. When visiting our website, we may also collect information regarding your visit to our website. This information does not identify you as an individual personally and is collected to help us monitor how our site is used and what information is being accessed.
USE OF OUR WEBSITE
Cookies are consent based unless they are strictly necessary for the operation of our website. To find out more about cookies and how to manage your preferences, please refer to our Cookies Policy.
For the purposes of processing your subscription request and providing you with the subscription services, at your request and with your consent we will collect and use the following information:
• Your e-mail address
We do not disclose personal information collected for the use in providing the subscription services to third parties unless those parties are retained by TAPPTIC to assist us in providing these services (e.g. content management system). Also, we share this information to the relevant internal departments within the TAPPTIC group and to competent authorities or law enforcement bodies if required to do so by law.
Opting out: If you have subscribed for subscription services and wish to have any of your personal information removed from our databases, or if you no longer want us to send any further communications to you, please click on the “Unsubscribe” link of the e-mail you receive from us or contact us at email@example.com.
For the purposes of recruitment and assessing your suitability for employment with TAPPTIC, when you apply for a posted job through the website we will collect and use the following information:
• Your name and first name
• Your address
• Your e-mail address
• Your telephone number
• Your LinkedIn profile public URL
• Information requested of you as part of the application process, including your resume and CV, and the information contained within any documents you voluntarily upload as part of your job application at our website.
We respect the privacy of our job applicants and the confidentiality of their personal information; however, we may disclose your personal information to the relevant internal departments within the TAPPTIC group and to third party companies retained by TAPPTIC to assist us in the recruitment process, as well as to competent authorities or law enforcement bodies if required to do so by law.
Information collected and processed for job applicants is subject to, and done in accordance with, any local practices and legal requirements at our various locations around the world. For additional information applicable to job applicants please contact your local region.
"CONTACT US" SERVICES
For the purposes of processing your request to be contacted by TAPPTIC, at your request and with your consent we will collect and use the following information:
• Your name
• Your e-mail address
• Your message
We do not disclose personal information collected for the use in contacting you back to third parties unless those parties are retained by TAPPTIC to assist us in providing these services (e.g. mail provider). Also, we share this information to the relevant internal departments within the TAPPTIC group and to competent authorities or law enforcement bodies if required to do so by law.
This website may contain links to other sites, including social media websites. This privacy statement only applies to information collected by TAPPTIC on our website. We do not control the collection of data on these websites, and are not responsible for the content of these websites or the privacy practices of such third parties. Your use of third party websites is governed by the terms and conditions and privacy policies of the third party.
RETENTION OF INFORMATION
We will retain your personal information only for as long as necessary to fulfil the purposes for which the information was collected. Once the information is no longer required to fulfil these purposes, and unless information must be held for a longer period of time where there is a legal or regulatory reason to do so, it will either be destroyed, erased or made anonymous.
We take all reasonable precautions to protect your personal information against unauthorized access and we periodically review our security measures.
Due to the global nature of our business, for the purposes set out above your personal information may be accessed in other countries that have a different data protection requirements than the country where you are based and which have not been validated by your relevant supervisory authority as being a country offering the same level of protection for your personal information. Such transfer is based on your explicit consent and considering the global nature of our activities and services.
ACCURACY OF INFORMATION & RIGHTS
We strive to ensure that any personal information we retain and use is as accurate, complete and up-to-date as necessary for the purposes for which it was collected. If our records regarding your personal information are inaccurate or incomplete, we will amend that information at your request. You have the right at any time to contact TAPPTIC to access your personal information and request a correction of any incorrect or incomplete information.
Subject to local requirements, you may also have the right to the deletion of personal data, to restrict the processing of your personal data, to receive a copy of your personal data, to object the processing of your personal data and to lodge a complaint with a competent supervisory authority if you think that TAPPTIC has not acted in line with applicable data protection laws.
If you have given your consent to the processing of your data, you can withdraw your consent at any time, provided this will not affect the validity of any processing that occurred prior to such withdrawal of consent.
INFORMATION REQUESTS AND QUESTIONS
To ensure our website functions optimally and that we provide an efficient browsing experience for our users, this website uses “cookies”. Information about cookies and how and why we use them is set out in this Cookies Policy.
In this document, the words “TAPPTIC”, “we”, “us” and “our” refer to TAPPTIC and its affiliated entities.
WHAT ARE "COOKIES"
Cookies are small data files that a website asks your browser to store on your computer or mobile device when you visit a website. Cookies are used by many websites and can do a number of things, including remembering a user’s preferences or counting the overall number of people looking at a website.
There are many types of cookies, which can be divided in four main categories:
• Strictly necessary cookies: These are essential cookies that are used to store a unique identifier to manage and identify a user as unique to other users currently viewing the website. They are strictly necessary for the operation of a website and without these cookies, the website will not function optimally. They do not collect any personal information about you that could be used for marketing. Accordingly, we are not requesting specific consent for use of strictly necessary cookies. For all other cookies, your informed consent is required.
• Functionality cookies: These cookies are set up to improve the functionality of the website. They will typically be the result of a user action, but might also be implemented in the delivery of a service not explicitly requested but offered to the user. For example, cookies that remember the content you previously viewed on this website or the email address and password you provided when registering during an earlier visit to this website. They can also be used to prevent the user being offered a service again that had previously been offered to that user and rejected. Functional cookies allow us to serve content tailored to your interests and save you the time of having to re-register or re-enter information when you re-visit this website or try to access certain secure areas.
Performance cookies: These cookies are limited to performance and website improvement. The primary function of a performance cookie is to track and monitor user activity on a website. A performance cookie will assist with creating web statistics. We use this information to modify our website to meet customer interests and enhance customer experience from or through our website. This information cannot be used to identify any particular individual.
Targeting/advertising cookies: These contain a unique key that is able to distinguish individual users’ browsing habits or store a code that can be translated into a set of browsing habits or preferences using information stored elsewhere.
Within these categories, cookies are sorted as either a temporary 'session cookies' or more long-term 'persistent cookies'. Session cookies link your actions in one session only, which starts when the webpage is opened and finishes when it is closed. Persistent cookies are where the cookie remains on your phone or computer for a specific period of time. They are activated automatically when you visit a particular website.
A cookie may also be a 'first-party cookie' or a 'third-party cookie'. First party cookies are cookies which are set by a particular website and can only be read by that website. Third party cookies are cookies which are set by third parties and are used for different services (for example, website analytics or advertising).
HOW TO CONTROL COOKIES
You can control the setting of cookies and/or delete cookies by adjusting the settings on your browser. You can also set your browser to block cookies or to send a warning notice before a cookie is stored on your computer. The steps for doing this differ from browser to browser, so consult your browser menu and Help tools. You may also visit www.allaboutcookies.org for details on how to delete or reject cookies and for further information on cookies generally.
SUMMARY OF COOKIES USED
Below is a summary of the types of cookies we use:
We use first party cookies in line with our website platform cookies for content editors to track and allow authentication and editing functionality. These cookies monitor authenticated users.
• Google Analytics
We use Google Analytics to understand what areas of our website are frequently access, and how you interact with our website. This is done in order to improve the user experience.
This Cookies Policy was last updated on 09 August 2018. We reserve the right to update this policy from time to time by posting an updated version on Tapptic website without further notice to you.
These general terms and conditions are the only ones applicable between the parties, to the exclusion of any other condition, reservation, restriction or clause emanating from the customer, unless expressly accepted in writing by Tapptic SA, whose registered office is located at 127 F rue de Percke, 1180 Brussels, and which is registered with the CBE under number 827.571.138 (hereinafter "Tapptic"). They therefore apply to all offers, orders, deliveries of products and services made by Tapptic, unless Tapptic expressly agrees otherwise in writing.
Only the prices stated in the offer, the order form or the agreement will be binding on Tapptic. The prices are expressed in euros, are exclusive of tax, and will be increased by the legal taxes in force on the day of invoicing. Unless special written conditions have been agreed upon, the prices for services provided on a fee-for-service basis are valid for 8-hour days during office hours (between 8:30 a.m. and 6:30 p.m.). Tasks carried out in addition to the above at the request of the customer are charged at (i) 150% of the hourly rate for services carried out beyond the daily schedule and/or outside office hours and/or on Saturdays, and (ii) 200% of the hourly rate for services carried out on Sundays or public holidays. The prices will be subject to annual indexation, automatically and without and formality being required, on the first of January of each year according to the variation in the Agoria index (reference salary - national average). The reference index is the one for the month of September published on the date of the agreement or purchase order. The new index will be the one published in September preceding the indexation.
Any delivery or performance deadlines which may have been stipulated are given for information purposes only. Unless otherwise expressly agreed in writing by Tapptic, a delay in delivery or performance may not be invoked by the customer to request the cancellation of the contract, claim damages or assert any other claim. Furthermore, the deadlines shall be automatically extended by the time during which Tapptic is delayed in its tasks due to the absence or insufficient cooperation of the customer, or in the event of additional requests in relation to the initial project.
4. TRANSFER OF OWNERSHIP AND RISK
In the event that it is foreseen that material becomes the property of the customer, Tapptic will remain the owner until full payment of the price in principal, ancillaries, interest and costs. However, at the time of delivery, if necessary, the risks will be transferred to the customer at the time of delivery of the material or at the time when it should have taken place if this cannot be done for a reason beyond the control of Tapptic.
5. WARRANTY AND CLAIMS
The customer acknowledges having been fully informed by Tapptic about the possibilities of use and specific constraints of the material and/or creations which are the subject of the contract or offer. Consequently, the customer waives any recourse against Tapptic, in particular regarding lack of consent. Acceptance of an application by the customer implies unreserved acceptance of its conformity with the initial project description and the quality of what is supplied. Complaints about the quality of the services must be sent to Tapptic by registered letter, stating the reasons (under penalty of forfeiture) at the latest within 15 days of the date of the corresponding service.
Tapptic shall be entitled to subcontract services which are its responsibility under the contract, under its sole responsibility.
Each party undertakes not to disclose to third parties (nor to use for its own benefit or that of third parties) any documents or information communicated by the other in the course of the performance of the contract or of which it has become aware. However, Tapptic is free to provide information on its intervention on behalf of the customer, in particular on its website.
8. INVOICING - PAYMENT - LATE PAYMENT
Invoices issued by Tapptic are payable at the latest before the due date indicated therein (in principle 30 days after the date of the invoice) and at the registered office of Tapptic to the indicated bank account. Each invoice will be considered as accepted within 15 calendar days following the date of the invoice, in the absence of a written dispute formulated by registered letter to Tapptic's registered office within the aforementioned period. The lodging of a claim does not release the customer from their payment obligations. In the event of late payment, Tapptic reserves the right to suspend its services and to resume them as soon as settlement is received. Any damage suffered by the customer as a result of this suspension shall be borne solely by the latter. In the event of non-payment on the due date, the invoices shall automatically and without notice of default bear interest at the rate of 12% per annum. In addition, they will be automatically increased by 12% and without notice of default, with a minimum of €40.00 as lump-sum compensation. Failure to pay or late payment of all or part of an invoice will also automatically and without notice of default lead to all other invoices becoming due. Tapptic reserves the right to refuse any subsequent order or to make its acceptance subject to the provision of sufficient guarantees.
9. MODIFICATION OR CANCELLATION OF THE ORDER
No order may be cancelled or modified without the prior written consent of Tapptic and subject to the compensation of all resulting costs by the customer. Unless otherwise agreed in writing by Tapptic, in the event of cancellation of an order by the customer, Tapptic may either demand full payment of the cancelled services if they have been carried out in part or in full, or payment of a lump sum compensation equal to at least 50% of the cancelled services if they have not yet started. Furthermore, if the order has given rise to the payment of a deposit (the amount of which is stated on the order form) the deposit shall not be reimbursed, regardless of the cause of the cancellation.
The contract may be terminated by either party with immediate effect if the other party fails to comply with one of its essential obligations and does not remedy the situation within 15 days of a registered letter sent to it by the other party. Tapptic undertakes to cooperate loyally with any migration operations of the customer if the latter demonstrates that the terms proposed by them or their new provider are not likely to jeopardize the preservation of the rights and legitimate interests of Tapptic.
11. INTELLECTUAL PROPERTY RIGHTS
The customer guarantees that the contents, information and works of any kind that they provide to Tapptic are legally usable and do not infringe the rights of third parties. They are responsible in particular for obtaining authorisations and paying any rights to the programs, texts, photos, illustrations, music and in general to any work used. They also guarantees Tapptic against any claim by a third party and/or conviction regarding the principal, interest and costs. In addition, the intellectual property rights relating to any creation of any nature whatsoever created by Tapptic remain - unless otherwise provided in writing and subject to full payment of the price - the exclusive property of Tapptic, including source codes and functional analysis. However, in order to allow the customer to exploit the agreed creation, Tapptic grants them a non-exclusive and non-transferable licence to use it in accordance with its normal purpose as defined in the contract, and, unless otherwise agreed in writing, for the sole purpose of internal use by the customer for their own needs. No property right is transferred to the customer in the event of use of any computer tool developed by a third party, even when the use of this computer tool is necessary for the exploitation of creations made by Tapptic. It is the responsibility of the customer to acquire a licence for the computer tool concerned, at their own expense.
In the absence of a written provision to the contrary, the obligations of Tapptic are always obligations of means. The customer undertakes to collaborate with Tapptic throughout the duration of the contract in order to facilitate and improve the quality of the creations and services ordered. Tapptic's liability is limited to the compensation of direct, foreseeable, personal and certain damage and cannot exceed one third of the sums invoiced in the last 12 months preceding the date of the complaint, with a ceiling of €50,000.00. In any event, Tapptic's total liability is limited to the amounts covered by the insurance policy under which it is covered. Tapptic can never be held liable for any indirect damage of any kind suffered by the customer or third parties such as additional expenses, loss of business, loss of contract, loss of data, software, machine time, financial or commercial loss, increase in overheads, etc. or any other damage of this type. In any case, Tapptic shall not be liable for any compensation on account of any claim whatsoever unless Tapptic has been notified in writing of such claim within 1 year from the time the customer became aware, or should reasonably have become aware, of an event or circumstances which give, or could give rise to, such claim. The customer is solely responsible for the protection and backup of their own data.
13. FORCE MAJEURE
In the event of force majeure, the execution of the contract will be suspended for the time that Tapptic is unable to fulfil its obligations. Force majeure refers to all events beyond the control of Tapptic, unforeseeable and irresistible and of any nature whatsoever, such as in particular, natural disasters, bad weather, fire, strikes, sabotage, and acts or regulations issued by administrative or judicial authorities which have the effect of making the performance of the contract impossible.
14. PERSONAL DATA
Except with the prior written consent of Tapptic, the customer is prohibited from making, directly or indirectly, offers of employment to an employee, collaborator or consultant of Tapptic, or from taking them into their service under any status whatsoever. This prohibition is valid for the duration of the contract as well as for a period of 12 months from the day on which the contract is terminated by the expiry of the term or its cancellation for any reason whatsoever, on pain of damages.
Unless otherwise specified, the maintenance offered by Tapptic for an application is of 3 types. Annual corrective maintenance is free for the first 3 months after launch and ensures that the application is kept in operational condition for the devices and OS agreed at the time of publication of the application. It becomes payable after this period. It is automatically renewed for the following year unless it is terminated by registered letter three months before its expiry. Annual adaptive maintenance covers the adaptation of the application for correct operation when new versions of the corresponding operating systems (iOS, Android, etc.) are released. This maintenance is subject to a charge and is included in a specific budget offer. It is automatically renewed for the following year unless it is terminated by registered letter three months before its expiry. Annual evolutionary maintenance corresponds to a number of man-days pre-ordered and valid for the 24 months following the end of the project. This maintenance is the subject of a specific budgetary offer.
Tapptic offers technical support for the applications and the back office: user support (level 1, 2 and 3) and automatic supervision of application monitoring. The support services are subject to a service level agreement (SLA) which is the subject of a specific budgetary offer.
The invalidity of a clause of these general terms and conditions does not affect the validity of the other clauses. The invalid clause must be replaced by mutual agreement or by the court by a clause which comes as close as possible to its original economic intention. Tapptic also has the right to modify the terms of these general terms and conditions unilaterally and without prior notice.
19. JURISDICTION AND APPLICABLE LAW
The contractual relations between the Parties are exclusively governed by Belgian law. Any dispute concerning the application or interpretation of the present contract must be communicated and explained to the other party as soon as possible by registered letter. The parties will meet as soon as possible to discuss the issue in order to negotiate in good faith and to employ a genuine effort to resolve the dispute. Failing this, the Courts of Brussels shall have exclusive jurisdiction unless Tapptic, acting as plaintiff, prefers to bring the action before any other competent court.(April 2020 version)