Disclaimer

GENERAL

The Legal Disclaimer, as amended by SmartPro from time to time, set out the basis on which you may use this website. Please read them carefully.


Nothing on this website or in the documents available through it is intended to advertise SmartPro's services, to solicit clients or to provide legal or other professional advice. You should not rely on any information contained on this website or in the documents available through it as if it were legal or other professional advice. If you require advice on a specific issue, please contact SmartPro by filling out the online form.
In the event of conflict between the Dutch and the English version of the Legal Disclaimer, the Dutch version shall always prevail.

TERMS OF USE

In the Legal Disclaimer, the heading used for each paragraph does not affect its interpretation. Access to this website
This website is provided by SmartPro
By accessing this website, you agree:
a. that you will access its contents solely for your own private use; and
b. to comply with all applicable laws and regulatory requirements relating to your use of this website; and
c. to comply with all reasonable instructions SmartPro gives you relating to this website; and
d. not to use this website to distribute any information or data in contravention of any regulation or legislation.
You are responsible for all telecommunications charges relating to your use of this website.
Intellectual property rights
SmartPro (or our suppliers or third parties who have granted SmartPro permission to reproduce their material on this website) own all intellectual property rights in the content and this website. Nothing in the Legal Disclaimer gives you any right, title or interest in the content or this website and you do not acquire any such right, title or interest through your use of the website. If you need third party software to use this website, you agree to obtain a licence of that software at your own expense.
Material provided by you
You agree to ensure that all material you send or upload to this website (including, but not limited to, e-mails, text, graphic files, still or moving images) (your Material) is legal, decent and truthful, complies with all laws and regulations, does not infringe the intellectual property rights or other rights of SmartPro or any third party, is not defamatory, unreliable or misleading or otherwise objectionable and is free of bugs, worms or viruses.
You are solely responsible for your Material. If SmartPro considers that any part of your Material exposes SmartPro to the risk of a claim or complaint by a third party, SmartPro may block access to all or part of this website and remove all or part of your Material. You must provide all reasonable assistance in this respect. You agree not to use this website to advertise or sell any goods or services to other users of this website.
No warranties
SmartPro gives no express or implied representation or warranty (whether statutory or otherwise) in respect of this website or the content (including, without limitation, as to their condition, satisfactory quality, performance or fitness for purpose) and all such representations and warranties are excluded except to the extent that their exclusion is prohibited by law.
Limitations and exclusions of our liability
SmartPro cannot guarantee that this website will operate in accordance with your expectations or will be error free. SmartPro is not obliged to update this website but may do so from time to time and SmartPro reserves the right to modify, restrict access to or close this website at any time.
From this website you may be able to access websites operated by others. SmartPro does not endorse those other websites nor accept responsibility for their content or for damage or loss you may suffer arising out of accessing those websites, including, but not limited to, damage or loss arising from your use of documents or other information found on those websites. SmartPro does not monitor or maintain these links. Please read all copyright and legal notices on each site before downloading or printing items to ensure that you are permitted to do so under the third party site's copyright notices, legal notices or terms of use.
Subject to the next paragraph:
a. Our liability to you in connection with this website (whether arising from negligence, breach of contract or otherwise) is only to take such actions as are reasonably required (in our sole discretion) in order to:
i. remove or delete data entered in error, or
ii. remove or delete data that is the subject of dispute, or
iii. correct data entered in error.
b. SmartPro is not liable to you for any loss of profits, business or data or for any indirect, special, incidental, consequential, punitive or exemplary loss, liability or costs (whether arising from negligence, breach of contract or otherwise) regardless of whether it was foreseeable or not.
c. To avoid doubt, we are not liable for any damage or loss that may be caused to any equipment or software due to any viruses, defects or malfunctions in connection with accessing or using this website, your Material or the content.
Nothing in these Terms of Use excludes or limits our liability for fraud or for death or personal injury arising from our negligence or that of a partner, associate, consultant or employee of SmartPro or that of our agents or subcontractors or for any other matter in respect of which it would be unlawful or in breach of regulation to limit or exclude liability.
General provisions
SmartPro reserves the right to vary or amend the Legal Disclaimer from time to time. SmartPro will notify you of any such amendment by posting the relevant amendment to this website. Any changes shall take effect upon posting to this website.
Our rights under these Terms of Use and other sections of the Legal Disclaimer:
a. may be exercised as often as necessary; and
b. are cumulative and not exclusive of rights or remedies provided by law; and
c. may be waived only in writing and specifically.
Delay in the exercise or non-exercise of any such right is not a waiver of that right.
If a provision of these Terms of Use or of another section of the Legal Disclaimer is or becomes illegal, invalid or unenforceable in any jurisdiction, that does not affect:
a. the legality, validity or enforceability in that jurisdiction of any other provision of these Terms of Use or of another section of the Legal Disclaimer; or
b. the legality, validity or enforceability in other jurisdictions of that or any other provision of these Terms of Use or of another section of the Legal Disclaimer.
Nothing in the Legal Disclaimer is to be taken to constitute a partnership between you and SmartPro, nor constitute either of you or SmartPro the agent of the other for any purpose.
A failure by you or SmartPro to enforce a provision of the Legal Disclaimer or a breach of a provision by the other or default by the other in performing a provision does not constitute a waiver and does not prevent you or SmartPro from subsequently enforcing that provision or from acting on such breach or a subsequent breach of the provision by the other party or default by the other party in performing that provision.
All communication with respect to the Legal Disclaimer shall be in the Dutch language.
Governing law
The Legal Disclaimer shall be governed by and interpreted in accordance with Belgian law and SmartPro and you each submit irrevocably to the exclusive jurisdiction of the Belgian Courts.

PRIVACY POLICY

SmartPro is committed to protecting your privacy.
This online Privacy Policy describes the ways in which SmartPro collects information from you when you use this website, and what SmartPro may use it for.
What Data does SmartPro collect from you?
SmartPro may collect data from you (User Data) in various ways:
a. by our use of cookies (see below);
b. during the course of your use of this website (including, without limitation, all material you send or upload to this website or to an e-mail address given on this website (your Material); and
c. when we request further information from you from time to time following on from any contact you have made with SmartPro through this website.
Some of it will inevitably comprise personal data about you. This Privacy Policy describes how we fulfil our obligations under applicable data protection laws. This Privacy Policy is in accordance with the Data Protection Directive 95/46/EC and the respective national Data Protection Acts implementing the Directive.
Use of cookies
A cookie is a tiny element of data that a website can send to your computer's browser so that this computer will be recognised by the site on your return. Cookies allow our web server to recognise your computer on connection to our website, which in turn allows the server to make downloading of pages faster than on first viewing. In addition, cookies may also be used by SmartPro to establish statistics about the use of this website by internet users by gathering and analysing data such as: most visited pages, time spent by users on each page, site performance, etc. By collecting and using such data, we hope to improve the quality of the site.
The data collected through cookies that may be placed on your computer will not be kept for longer than is necessary to fulfil the purposes mentioned above. In any event, such information may not be kept for longer than one year.
Navigation data about site viewers is automatically collected by our servers. If you do not wish to have this navigation data collected, SmartPro recommends that you do not use this website.
You can also set your browser to block the recording of cookies on your hard drive to minimise the amount of data that may be collected about your navigating on this site. The browser on your computer can be set to notify you when a cookie is being recorded on your computer's hard drive. Most browsers can also be set to keep cookies from being recorded on your computer. However, for optimal use of this website, we recommend that you do not block the recording of cookies on your computer.
All SmartPro servers and computer systems are protected from outside intrusions. As a result, all data that may be collected about site viewers through the use of cookies will be protected from unauthorised access.
Cookies used on this site are only active for the duration of your visit. Cookies used on this site are not stored on your computer once you have closed your web browser. Information generated by the use of cookies may be compiled into an aggregate form so that no individual can be identified.
We may at some stage use cookies to identify users when they visit this website to use personalised services. In such circumstances these cookies may be kept on the hard drive of your computer following closure of the web browser. Cookies used in connection with such services enable SmartPro to build up a profile of our users and to develop personalised versions of this website.
You may choose to not receive a cookie file by enabling your web browser to refuse cookies. The procedure for refusal of cookies may vary for different software products. Please check with your internet browser software help or your software supplier if you wish to refuse cookies.
Privacy of electronic communications
Although SmartPro welcomes your queries, please note that any electronic communication through this website between you and SmartPro may not be secure. For this reason, please do not send SmartPro any email that contains confidential or sensitive information.
Our use of User Data
SmartPro will use User Data from you only for the following purposes:
a. To provide this website to you
SmartPro will use User Data to provide and improve this website to enable SmartPro to deal with any queries you have about this website and to notify you of any changes to this website.
b. To include User Data in anonymous statistics
SmartPro may provide anonymous statistics about our users and related usage information to reputable third parties, but these statistics will not enable any third party to identify individuals or individual businesses.
c. To provide you with information you have requested
SmartPro will use User Data to provide you with information and brochures you have requested through this website.
d. Marketing Activities
If you have already registered to receive marketing materials from SmartPro in paper and/or electronic form, SmartPro may use your data in order to send you in electronic and/or paper form marketing and other materials relating to SmartPro, its products and/or services. SmartPro may use the data provided by you to update records held by SmartPro.
e. If SmartPro re-organises or transfers its business, ceases to trade or goes insolvent
SmartPro may at some stage re-organise or transfer all or part of its business. This may result in the transfer of your data to new or third parties through which the whole or part of the business of SmartPro will be carried out.
If SmartPro ceases to trade, or becomes insolvent, enters into receivership or any similar or equivalent event occurs, those acting on behalf of SmartPro may sell the business or parts of it to a third party, in fulfilment of legal or business requirements. This may result in the transfer of your data to a third party through which the business or parts of it will be carried out.
In circumstances where the business of SmartPro or parts of it are transferred to a third party as described above, we shall use reasonable endeavours to contact you in advance of SmartPro disclosing your data to that third party, but you acknowledge that this might not be technically or commercially feasible in all the circumstances.
f. Consent
By continuing to use this website and by providing any personal data (including sensitive personal data) to SmartPro via this website or e-mail addresses provided on this website, you are consenting to our use of your personal data as set out in this Privacy Policy. Please do not send SmartPro any personal data if you do not want that information to be used by SmartPro in this manner.

Legal requirements
While it is unlikely, SmartPro may be required to disclose your User Data by a court order or to comply with other legal or regulatory requirements. We will use reasonable endeavours to notify you before we do so, unless we are legally restricted from doing so.
SmartPro does not sell or exploit User Data commercially through third parties
SmartPro will not sell, rent, distribute or otherwise make User Data commercially available to any third party, except as described above, or except with your prior permission.
Access to and correction of User Data
You are entitled to a copy of your User Data and to have them rectified or deleted as required by applicable data protection legislation.
Changes to the policy
This Privacy Policy and/or the other Legal Disclaimer may be amended by SmartPro at any time. Please check this website periodically to inform yourself of any changes.

COPYRIGHT

Subject to the following, copyright in the pages of this website and all documents available through it belongs to SmartPro.
Except as expressly permitted below or by applicable law, you may not copy (except to the extent required in order to use this website in accordance with the Legal Disclaimer), store in any medium (including in any other website), distribute, transmit, re-transmit, broadcast, modify, or otherwise make available or communicate to the public any part of this website or systematically extract material from this website or any document available through it or in any other way exploit commercially all or any part of this website or any document available through it without our prior written permission.
Copyright in some documents and other material available on this website belongs to third parties (Third Party Documents) and such documents and other material have been produced on this website with the permission of the third party copyright owners. Please check copyright notices on or in respect of individual Third Party Documents. Unless otherwise specified in the copyright notice for a Third Party Document or permitted by applicable law, you may not copy (except to the extent required in order to use this website in accordance with the Legal Disclaimer), store in any medium (including in any other website), distribute, transmit, re-transmit, broadcast, modify, or otherwise make available or communicate to the public any part of a Third Party Document or systematically extract material from it or in any other way exploit commercially all or any part of it.
You may print or save one copy of any page of this website and documents available through it (other than Third Party Documents) for your own personal use.
SmartPro permits electronic links to the home page of this website only. You may not provide an electronic link to any other page of this website without our consent. SmartPro reserves the right to request that you remove an electronic link to this website at any time and you agree to remove such link immediately.