GENERAL TERMS AND CONDITIONS GLOBE DATACENTER B.V.

1. DEFINITIONS

1.1 Any words or expressions written with capitals in these general terms and conditions and the Order Confirmation (including appendices, if any) will have the following meaning:

a) Agreement: the Order Confirmation and these Terms.
b) Colocation: one of the services provided by Supplier whereby the Customer places its own or leased Hardware in the leased rack.
c) Customer: a legal person or a natural person acting in the course of trade, that enters into an Agreement with Supplier or, receives an offer from Supplier with regard to the provision of one or more Service(s).
d) Datacenter: the Datacenter storing the Hardware of Supplier and wherefrom Supplier provides its Service(s).
e) Effective date: the date that is indicated as such in the Order Confirmation, or in the absence thereof, the date on which the provision of the Service(s) has commenced.
f) Failure: a malfunction in the Service that was not reported in advance by Supplier to the Customer in connection with planned maintenance.
g) Hardware: any server, hard disk and/or other equipment.
h) House rules: the rules and procedures that apply when accessing, visiting or making use of the Datacenter, as will be provided by Supplier;
i) Intellectual Property (IP): all rights of intellectual property, registered and unregistered, such as but not limited to: patents, copyrights, database rights, trademark rights, design rights and rights in or in connection with (technical) knowhow and trade secrets.
j) Monthly Fee: the monthly fixed compensation to be paid by the Customer for the Service(s).
k) Order Confirmation(s): the written confirmation from Supplier involving the leased Hardware or racks (as applicable) and the (to be provided) Service(s), including appendices, as applicable.
l) Service(s): the specific Service(s) that Supplier provides to the Customer, as further specified in the Order Confirmation.
m) Setup Fee: a one-time fee to be paid by the Customer to Supplier for installation- and setting up (part of) the Hardware and/or Service.
n) Supplier: GLOBE DataCenter B.V., vested in Den Helder (NL) and registered in the commercial trade registry under number 78194415.
o) Terms: these general terms and conditions of GLOBE DataCenter B.V.

2. APPLICABILITY TERMS

2.1 These Terms apply to all Services to be provided by Supplier and all Order Confirmations and offers from Supplier. The applicability of any general (purchase) terms or of the Customer is excluded, unless Supplier has explicitly accepted these in writing.
2.2 Supplier is entitled to unilaterally amend the Terms at any time, after which the Terms shall apply in the amended form to any and all subsequent offers, Order Confirmations, subsequently provided Hardware and/or Services and to any other legal relationships subsequently arising between Supplier and the Customer. Supplier will notify the Customer of the amended Terms through email or via the personal account of the Customer. In the event the Customer does not wish to accept the amended version of the Terms, the Customer should inform Supplier within fourteen (14) days from receipt of the notification of its objections in writing, whereby the Client may continue the use of the Hardware and Service(s) under the last applicable version of the Terms for the remainder of the applicable term as specified in the Agreement. Any (automatic or express) renewal of the term after expiry of the applicable term in accordance with the Agreement, will then be subject to the amended version of the Terms, unless the Customer terminates the Agreement in accordance with these Terms.
2.3 Deviations from or additions to these Terms shall only be valid if and when agreed in writing with Supplier in the Agreement. If any provision of these Terms is held invalid or otherwise unenforceable, the enforceability of the remaining provisions of these Terms will not be impaired thereby. In such event, Supplier will replace the invalid provision with a provision that is valid and enforceable thereby taking into account the intention of the original provision.
2.4 In the event of a conflict between provisions in the Order Confirmation and provisions in the Terms or other appendices, the following ranking applies:
i) the Order Confirmation(s);
ii) the appendices to the Order Confirmation(s), if applicable;
iii) the Terms.

3. CONCLUSION AND PERFORMANCE OF AGREEMENT

3.1 All offers, quotations or other expressions of Supplier are without obligation, unless indicated otherwise.
3.2 An Agreement is concluded from the moment the Order Confirmation has been signed by the Customer.
3.3 The Customer shall in a proper and timely manner provide Supplier with all documents, data, materials, information and (electronic) carriers containing such documents, data, materials or information, as necessary for the performance and delivery of the Hardware and/or Service.
3.4 The Customer guarantees the correctness and completeness of the information as provided by or on behalf of him to Supplier.
3.5 The rights and/or obligations under the Agreement cannot be transferred (in whole or in part) by the Customer to a third party without the prior written approval of Supplier.

4. DELIVERY, CHANGES AND SUSPENSION

4.1 All (delivery and supply) dates specified by Supplier have been determined to the best of its knowledge on the basis of the information known at the time of concluding the Agreement. Any (interim) (delivery or supply) dates indicated by Supplier shall always be considered target dates, having an indicative character, which do not bind Supplier in any way.
4.2 All Services shall be performed on the basis of a best efforts obligation, unless and insofar as Supplier has expressly promised a result in the Agreement and that result has been described with sufficient detail.
4.3 The Services are exclusively provided by Supplier. This also applies when it is the express or implicit intention of a Customer that (part of) the Service will be performed by one or more specific persons. Supplier is entitled to have the Service performed under its responsibility. The provisions of articles 7:404, 7:407 paragraph 2 and 7:409 of the Dutch Civil Code shall not apply in this regard.
4.4 Unless in case of Colocation as indicated in the Agreement, the delivery of Hardware will be under operational lease without the Hardware be or becoming the property of the Customer.
4.5 In order to be able to make use of the Hardware and Service(s), Supplier may make login details or -codes available to the Customer. The Customer will take proper care of such login codes and protect them against the loss, theft or misuse by third parties. In the event of a loss, theft or misuse by third parties and/or other form of unlawful use of the login details or -codes, the Customer shall immediately notify Supplier thereof. Supplier shall never be responsible nor liable for any damage or loss incurred by the Customer or third parties as a result of such loss, theft or misuse of the login data or -codes by third parties.4.6 Supplier will make reasonable effort to maintain the Service 24 hours a day, 7 days.
4.6 Supplier will make reasonable effort to maintain the Service 24 hours a day, 7 days a week. However, Supplier does not guarantee the availability or suitability for a particular purpose of the Hardware or Service in any way whatsoever.
4.7 In the event of a Failure in the Service, Supplier will endeavour to resolve the Failure as soon as possible. Failures that are the result of incorrect or imprudent use by the Customer, or of non-compliance by the Customer of one or more provisions of these Terms, shall be for the risk and account of the Customer.
4.8 Supplier shall at all times be entitled to change or discontinue the technical specifications or functionalities of (part of) a Service. To the extent reasonably possible, Supplier shall announce such a change or discontinuation thereby taking into account a reasonable term so that the Customer has the opportunity to continue the Service elsewhere. Supplier shall never be liable for the potential consequences for the Customer or third parties arising from the change or discontinuation of (part of) a Service.
4.9 Supplier reserves the right to suspend (part of) the Service by (temporarily) taking the Service out of use and/or limiting its use, if the Customer fails to fulfill an obligation under the Agreement towards the Supplier. The obligation of Customer to pay the relevant Fees as they fall due, continues for the duration of the suspension.

5. USE OF THE SERVICE

5.1 The Customer is not permitted to use the Service or leased Hardware in such a way that it may cause a Failure in or damage to the Service, or damage to the leased Hardware, Supplier or any third party.
5.2 The Customer is not permitted to (directly or indirectly) resell and/or (sub)lease the Service and/or Hardware. Supplier is entitled to take technical measures to protect the Service or Hardware against unlawful and/or improper use or for purposes other than as indicated in the Agreement or pursuant to instructions from Supplier.
5.3 The Customer is prohibited from:i) distributing illegal content or -data through the Service;ii) installing or distributing malware or viruses through the Service;iii) distributing child pornography through the Service;iv) distributing infringing content or -data through the Service.During the assessment of one or more of the prohibited acts as referred to in this paragraph, Supplier reserves the right to suspend the Service at any time or to terminate it with immediate effect without being liable to pay any compensation to the Customer.
5.4 The Customer guarantees that no rights of third parties, including but not limited to Intellectual Property and/or privacy rights, prevent the distribution of the Customer’s content or data (files) via the Service. The Customer indemnifies Supplier against any claim or damage by a third party based on the claim that content or data (files) originating from or distributed by the Customer infringes any Intellectual Property or privacy right of such third party.
5.5 In the event the Service exceeds an agreed (data traffic) limit, Supplier withholds the right to charge the Customer for the exceeding data usage.5.6 Supplier is not responsible for and makes no guarantees, express or implied, with regard to the correctness, quality or completeness of the (content of) information, content and communication, in whatever form, as transmitted or distributed via the network when making use of the Service.
5.7 The Customer acknowledges that by offering or providing the Service, Supplier does not by itself actively publish or distribute information, content or communication of the Customer. The Customer acknowledges and accepts that it shall at all times be and remain solely responsible for all information, content and communication, including but not limited to text, images, sound, video and data, as transmitted or distributed by the Customer through the Service.

6. ACCESS AND SECURITY DATACENTER

6.1 The Customer may request access to the Datacenter. Supplier shall respond to such requests within due time.
6.2 Without prejudice to the right of Supplier to assert additional access conditions depending the circumstances, the minimum conditions for access to the Datacenter shall be that:i) the Customer does not have any outstanding invoices in connection with the Service(s);
ii) the person(s) that requested access to the Datacenter have legitimate identification and are demonstrably employees of the Customer, whereby the Supplier reserves the right to refuse access to non-registered persons;
iii) the Customer shall at all times comply with any directions and instructions of Supplier;
iv) the Customer, including the person(s) that requested access to the Datacenter, have made themselves familiar with the applicable House Rules and shall act in compliance therewith at all times.
6.3 The Customer is responsible and liable for access to the Datacenter by person(s) under its direction and responsibility. Any violation of the House Rules, or non-compliance by an employee or third party under the direction and responsibility of the Customer with instructions from Supplier, will be considered a violation or non-compliance by the Customer.
6.4 On the basis of Colocation, the Customer may request to use own Hardware or leased Hardware of Supplier in the Datacenter. In such case the Customer will discuss in advance the options for Colocation with Supplier in good faith. The consequences of damage to or loss, theft or depreciation of Hardware that is the property of the Customer shall at all times be at the sole risk and expense of the Customer and shall therefore not be covered by Supplier's insurance policies. The Customer acknowledges and accepts the obligation to independently and at his own expense arrange for proper insurance against the risk of destruction, damage, theft or any other risk with regard to its own Hardware.

7. FEES AND PAYMENT

7.1 Unless agreed otherwise in the Agreement, the Customer will pay to Supplier the following Fees:
i) Setup Fee, payable immediately upon signing the Order Confirmation;
ii) Monthly Fee, payable on a monthly basis, in advance, starting from the signing date of the Order Confirmation.
7.2 All Fees or charges are in Euro and must be paid in Euro and exclude value added tax (VAT) and other levies imposed or to be imposed by the government, unless explicitly indicated otherwise.
7.3 Supplier shall invoice the Customer for the Fees owed to Supplier under the Agreement. Unless agreed otherwise in writing, the payment term shall be fourteen (14) days after the invoice date. If the Customer does not or does not timely pay any amount due, the Customer shall be in immediate default without the need of a separate written notice of default. The Customer will furthermore be obliged to pay the statutory commercial interest on the outstanding amount, to be calculated from the due date of the invoice.
7.4 The Customer shall never be entitled to suspend any payment or to set off any amount due.
7.5 Supplier shall be entitled to retain all goods, products, data, documents, Hardware and/or data files of the Customer and received or created under the Agreement, until the Customer has fully paid all Fees or amounts owed to Supplier under the Agreement.
7.6 Supplier furthermore reserves the right to immediately (temporarily) suspend or terminate (part of) the Service, if the Customer fails to (timely) pay the relevant Fees as they fall due.
7.7 Supplier reserves the right to increase the applicable Fees and rates on an annual basis with an increase of maximum 15%.
7.8 In addition to the annual price indexation, Supplier also reserves the right to change the agreed energy consumption rate (kWh), after having notified the Customer of such change in writing at least four (4) weeks in advance. Such a change may take place no more than once a year and must be the result of special circumstances, such as cost increases and market developments. If the price increase is higher than 10% and the Customer does not wish to agree, the Customer is entitled, within fourteen (14) days of the date of the notification referred to in this article, to terminate the Agreement in writing by the date the price increase will take effect.

8. INTELLECTUAL PROPERTY

8.1 All Intellectual Property in or in connection with all software, computer programs, Services, Hardware (excluding Hardware in connection with Colocation), analyses, designs, documentation, reports, presentations, quotations, brochures, methods and working methods as made available by Supplier to the Customer under the Agreement, shall exclusively vest and remain vested in Supplier or its licensors.
8.2 If it has been agreed in writing that any Intellectual Property with regard to a product or result as specifically developed for the Customer, will be transferred to the Customer, this does not in any way affect the right of the Supplier to use the components, general principles, underlying ideas, designs, documentation, works, methods, protocols, standards and similar, without limitation, for any other purpose.
8.3 All data, data (files) and documents provided by Supplier to the Customer in the context of the Agreement shall remain the property of Supplier at all times. Such provision never results in a transfer of (Intellectual Property) rights with regard to those data or documents from Supplier to the Customer.

9. CONFIDENTIALITY

9.1 Supplier and Customer shall be obliged to keep secret all information of a confidential nature, in whatever form, obtained from and about each other.
9.2 The confidentiality obligations of this clause shall not apply to information that:
i) is or has become publicly available without breach of the confidentiality obligations hereunder;
ii) has been or is rightfully developed or obtained without breach of the confidentiality obligations hereunder;
iii) is required by law, any court of competent jurisdiction or any competent judicial, governmental, supervisory or regulatory body. 9.3 Confidential information shall only be used for the purpose for which it was obtained and will only be shared with third parties (such as employees or auxiliary persons) to the extent necessary in the context of delivering the Hardware, Service or performance of the Agreement.
9.4 Insofar as third parties (such as employees or persons under the responsibility of the receiving party) are involved in the delivery of the Hardware, Service or performance of the Agreement, the Customer warrants that these confidentiality provisions shall apply equally to such third parties.

10. PROCESSING OF PERSONAL DATA

10.1 For the purpose of executing the Agreement and, in the absence thereof, providing the Services, Supplier may process personal data within the meaning of the General Data Protection Regulation (“GDPR”) of the Customer (including its employees and/or customers). To the extent Supplier processes such personal data for own purposes and acts as the ‘controller’, the privacy statement of Supplier shall apply.
10.2 To the extent Supplier processes the personal data for on behalf of the Customer, Supplier shall qualify as the ‘processor’ and the Customer as the ‘controller’ whereby the following paragraphs will be applicable and qualify as a 'data processor agreement' within the meaning of the GDPR.
10.3 Supplier will only process the personal data in the context of the executing its Service(s) and those purposes reasonably associated therewith or as additionally determined with the Customer.
10.4 Supplier will process the personal data in accordance with applicable law and regulations, including the GDPR and the GDPR Implementation Act. Supplier may only process the personal data for own purposes to the extent Supplier has obtained a lawful basis for doing so.
10.5 Supplier will take adequate technical and organisational measures to protect the personal data against loss or any form of unlawful processing (such as the unauthorised access to or alteration or disclosure of the personal data), thereby taking into account the state of the art and the costs of implementation in relation to the risks and the nature of the personal data to be protected; Supplier does not guarantee that these security measures will be effective under all circumstances.
10.6 Supplier will process the personal data in and to countries within the European Economic Area (EEA). Processor may transfer the personal data to a country outside the EEA, provided that the legal requirements for such data transfer have been met.
10.7 Supplier is entitled to appoint third parties (e.g. sub-processors) for the processing of the personal data in connection with the execution of the Agreement. In such event, Supplier will ensure that Supplier’s obligations under this clause will then vis-à-vis apply to such sub-processors.
10.8 Supplier keeps the personal data secret and also obliges its employees and any sub-processors or other third parties to observe the same secrecy.
10.10 The Customer is entitled, with a maximum of once per calendar year and with prior notification to Supplier, to have an audit carried out by an independent IT auditor who will be bound to confidentiality, in order to verify Supplier’s security measures. Such an audit will only take place pursuant to a concrete indication of misuse of the personal data by Supplier. The results from the audit will be assessed by Supplier and may be implemented at Supplier's discretion and in the manner determined by Supplier. The costs of the audit shall be borne by the Customer.
10.11 At the request of Customer, Supplier will cooperate with reasonable requests to exercise the legal rights of data subjects (such as but not limited to the right to access, change and delete personal data). If such requests are addressed to Supplier, Supplier may forward the request to the Customer for further handling. Supplier may inform the data subject hereof.
10.12 This data processor agreement has been entered into for the duration as determined in the Order Confirmation and in the absence thereof in any case for the duration of the Services as provided by Supplier. Upon termination of the data processor agreement, regardless of the reason thereof, the Customer will inform Supplier in writing either to return the personal data to the Customer, or to delete the data, except insofar as statutory retention periods require the longer storage of the personal data.

11. LIMITATION OF LIABILITY

11.1 The total aggregate liability of Supplier due to any other reason whatsoever, explicitly including any indemnification obligations, shall never exceed three (3) times the Monthly Fee (excluding VAT), with a maximum of EUR 10,000 (ten thousand euro).
11.2 Except where performance by Supplier is permanently impossible, Supplier shall only become in default for an attributable failure in complying with an obligation in the Agreement after it has been given written notice of the default thereby granting SVupplier with a reasonable term to remedy the default, and Supplier did not remedy the default within the reasonable term. The notice of default must contain a comprehensive and detailed description of the breach, in order to ensure that the Supplier has the opportunity to respond adequately.
11.3 A condition for the filing of any damage claim shall always be that the Customer reports the damage to Supplier in writing as soon as possible and in any event within two (2) weeks after the damage occurred. Any potential damage claims by the Customer shall lapse if the Customer has not filed its statement of claim for such damages with the applicable court within twelve (12) months after the damage occurred or has been discovered.
11.4 Supplier’s liability for indirect loss or damage, including but not limited to consequential loss or damage, loss of profit, loss of revenues, missed savings, reduced goodwill, loss or damage due to business stagnation or interruption, loss or damage to electronic data or data files and/or damage due to delays in transportation of data traffic, is hereby excluded.
11.5 Supplier shall never be liable for loss of or damage to data or data files. Unless agreed otherwise in writing, the Customer at all times remains independently responsible for making and managing backups of data or data files.

12. FORCE MAJEURE

12.1 Supplier is not obliged to meet any obligation pursuant to the Agreement if Supplier is prevented from doing so as a result of an event of force majeure and shall never be liable for any damages and costs incurred by the Client or any third party which are the result of force majeure.
12.2 An event of ‘force majeure’ shall include, but not be limited, to: (i) fire, explosions, floods, earthquakes, (ii) terrorism; (iii) electricity-, (computer) network-, or Internet failures, (iv) governmental measures; (v) strike actions or boycotts; (vi) force majeure of suppliers of Supplier.
12.3 In the event of temporary force majeure, Supplier is entitled to extend the delivery time or delivery date of the Service(s) by the duration of the temporary force majeure situation. If the temporary force majeure situation lasts longer than 30 consecutive days, the Customer is entitled to terminate the Agreement with immediate effect as of that moment. This right expires when the temporary force majeure situation has been lifted and the right to terminate is not being invoked by the Customer within seven (7) days after cancellation of the force majeure situation.

13. TERM AND TERMINATION

13.1 The Agreement enters into force for the initial term as stated in the Order Confirmation or, in the absence thereof, for the initial term of one (1) year.
13.2 The Agreement shall be tacitly renewed for subsequent period of each one (1) year, unless either Party terminates the Agreement in writing towards the end of the initial term or extended term (as applicable), thereby taking into account a notice period of at least three (3) months.
13.3 Supplier has the right to terminate the Agreement (in whole or in part) in writing and with immediate effect (without a prior notice of default being required), if:
i) the Customer has applied for or obtained a (provisional) suspension of payments;
ii) the Customer has been declared bankrupt, or a bankruptcy petition has been filed against the Customer;
iii) the Customer's business is being liquidated or its business activities have been ceased;
iv) the Customer fails to comply with the prohibitions and warranties as set out in clauses 5.1 to 5.4;
v) the Customer does not comply with the House Rules;
vi) the Customer is in default with regard to any other (payment) obligation under the Agreement.
13.4 Upon termination of the Agreement in accordance with these Terms and regardless of the reason thereof:
i) Supplier will no longer be obligated to deliver or perform the Service(s); and
ii) all obligations which are either express or which by their nature should survive the termination of the Agreement, shall remain in full force and effect.

14. APPLICABLE LAW AND COMPETENCE

14.1 These Terms, the Agreement and any other legal relationships between Supplier and Customer shall be exclusively construed and governed by the laws of The Netherlands.
14.2 Any disputes arising from or in connection with these Terms, and cannot be settled amicably, shall be exclusively brought before the competent court of Noord-Holland, The Netherlands.

PRIVACY STATEMENT GLOBE DATACENTER B.V.

1. GENERAL

This is the privacy statement of GLOBE DataCenter B.V. (hereinafter also: “GLOBE”, “we” or “us”). This privacy statement applies when you visit our website, interact with us, make use of our products or services or provide services to us. GLOBE values your privacy and processes your personal data (i.e. information relating to an identified or identifiable natural person) within the meaning of the General Data Protection Regulation 2016/679 (“GDPR”) and relevant national legislation. To the extent GLOBE processes data in the role of ‘controller’, this privacy statement will apply, wherein we will explain which types of personal data we may collect, for which purposes and how we protect such data to the best of our abilities.

It is also possible that GLOBE processes your personal data for the benefit and on behalf of our customer or supplier (the “Client”). In that case, GLOBE processes the personal data in the role of ‘processor’ whereby we have entered into a processing agreement with the Client. In such event you should consult the privacy statement of the relevant Client for more information regarding the collection, processing and security of your data.

2. IDENTITY AND CONTACT

GLOBE DataCenter B.V.
Ravelijncenter 23
1785 LX Den Helder (NL)
KvK: 78194415
E: info@globedatacenter.com

3. TYPES OF PERSONAL DATA AND PROCESSING PURPOSES

GLOBE is a colocation provider offering cloud computing and data centre services to Clients.

When you visit our website, request a quotation or place an order for the delivery of a certain product or service, or apply for a job with us, we will process personal data. This will be explained in more detail here below.

Website Visits

When you visit our website, we will store your IP-address, location data, internet browser and device type. We also process data relating to your website visit, such as the website you are coming from, your search queries, and the content you have viewed on our website. These data are used for statistical purposes and to test and improve the user-friendliness of our website. We also use Google Analytics in this regard. This functionality has been set up in a privacy-friendly manner, whereby we concluded a data processing agreement with Google, any IP-addresses are anonymised and personal data will not be shared with Google.

The processing of personal data when visiting our website occurs on the legal basis of having a legitimate interest to present GLOBE online with a well-functioning website. We have made the consideration that the interest of a well-functioning website outweighs the very limited infringement made by processing the abovementioned personal data.

If you want to request a quotation for one of our products or services, or contact us with any other question, we will process the following types of personal data in order to respond to your inquiry or request:
• Name and (business) address details
• Contact details such as (mobile) telephone number and (business) email address

The legal basis for processing this personal data is consent.

Client engagement

When you, as a Client, engage us to provide products or services to you, we will collect and process personal data in order to prepare, execute and/or deliver these products or services:
• Name and (business) address details
• Contact details such as (mobile) telephone number and (business) email address
• Financial information, such as (business) bank account number

The legal basis for processing these personal data types can be found in (the preparation of) a contractual relationship with the Client.

On-site Visits

When you, as a Client, supplier or job applicant, visit our datacentre on-site, we will also process additional personal data in order to grant you access to the location and for security reasons. These types of personal data concern:
• License plate of your vehicle
• CCTV camera footage during visits
• Biometric data, e.g. face recognition

The above mentioned personal data will be retained for a maximum of 4 weeks and then automatically deleted. In case of an incident, a longer retention is permitted.

The legal basis for processing the above mentioned data is to provide secured access to the datacentre and to protect our properties.

Newsletter

When you register for our newsletter, or have purchased products or services from us, we will occasionally keep you informed about our products and services and/or relevant developments in that regard. You may unsubscribe from the newsletter at any time via the ‘unsubscribe’-link in the relevant email.

Job applications

If you apply or wish to apply for a job with us, we may collect and process the following types of personal data:
• Name and address details
• Contact details such as (mobile) telephone number and email address
• Gender
• Birth date
• Job application details such as education and career data
• Certificate of good behaviour (in Dutch: VOG)
• Any other data provided voluntarily

When you apply for a job with us, we will retain the data in relation to the job application up to 4 weeks after the end of the application procedure or, with your consent, for a maximum of 12 months after the end of the application procedure.

The legal basis for processing the above mentioned personal data is the investigation or conclusion of a potential working relationship.

4. PERSONAL DATA WE SHARE WITH THIRD PARTIES

We will never sell your personal data to third parties. In principle, your personal data will not be shared with third parties, unless under the following circumstances:
(i) where we engage external suppliers/companies for the benefit of our product- or service performance ("processors"), for example, IT suppliers. We have entered into data processing agreements with these processors regarding the careful processing and protection of the personal data involved;
(ii) (government) authorities or organisations to whom we must disclose certain personal data on the basis of a legal obligation;
(iii) authorities or parties to prevent, detect, investigate or mitigate fraud, security breaches or other potentially prohibited or illegal activities. Where appropriate, we will enter into data processing agreements with these parties.
(iv) In the context of a proposed merger or acquisition in which GLOBE is involved, insofar the sharing of (part of) the personal data is necessary and with due observance of data protection measures.

Your personal data will generally not be transferred to countries or third parties outside the European Economic Area (EEA). If the transfer of personal data to countries or third parties outside the EEA is required, we will take into account the statutory requirements in relation thereto.

5. PROTECTION AND RETENTION OF PERSONAL DATA

We have taken adequate technical and organisational measures to protect your personal data against loss and the unauthorised access or misuse thereof. Such measures include, but are not limited to, the use of firewalls, secured servers, encryption, appropriate systems for access rights and process management and the careful selection of processors.

We retain your personal data no longer than is necessary for the purpose for which we have collected the personal data, or in correspondence with an applicable statutory retention term. You may at all times request the removal of your personal data. We will respond to such request within the applicable timeframe.

6. YOUR RIGHTS

You have the right to request access to or the amendment, deletion or data transfer of your personal data. You may also submit a request to restrict or object to certain data processing. You furthermore have the right to withdraw any previously provided consent.

You may direct any requests or complaints regarding the processing of your personal data to us via the contact details as provided in this privacy statement. We will respond to such requests within the applicable statutory timeframes. For completeness, we also note that you have the right to submit a complaint with the relevant data protection authority (for the Netherlands this is the “Autoriteit Persoonsgegevens”).

In cases where we do not act as a "controller" but as a "processor" (for example, of the Client), any requests for access, amendment or deletion of certain data will be forwarded and further handled by the relevant Client. We will inform you hereof where applicable.

7. COOKIES

On our website we make use of "cookies" to ensure that the website functions properly and for statistical purposes. Cookies are small text files that are being stored on your computer, for example to remember settings, preferences or surfing behaviour. Cookies can be deleted at any time through the web browser settings.

GLOBE will not use personal data that was sent with a cookie for marketing purposes, nor will we share such data to third parties without having obtained your prior explicit consent.

8. CHANGES

We reserve the right to unilaterally amend this privacy statement to ensure the compliance with applicable law and regulations. It is recommended that you consult this privacy statement on a regular basis in order to be aware of any potential changes.

This privacy statement was last updated in July 2021.