Legal
In force since 2 May 2025 - v.3
1-LEGAL INFORMATION
- Site publisher: Aria Partner SRL
- Registered office: Avenue du Bois Sainte-Catherine 7, 1380 Lasne, Belgium
- ECB number: 0728.720.913
- Contact: via the form available [here]
2-PURPOSE OF THE POLICY
The purpose of this privacy policy is to inform users in a clear and transparent manner about the data collected by Aria Partner SRL, the purposes for which such data is collected, the methods used to process such data and the rights available to data subjects under the applicable legislation.
Aria Partner expressly invites users to read this Confidentiality Policy carefully. For any further questions, Aria Partner can be contacted using the form available [here].
3-DEFINITIONS
In this legal opinion :
- The term ‘user’ refers to any person accessing the website;
- The terms ‘you’, ‘your’ and ‘yours’ refer to the user;
- The terms ‘Aria Partner’, ‘the company’ or ‘Aria Partner SRL’ refer to Aria Partner SRL, whose registered office is at 7 avenue du Bois Sainte-Catherine, 1380 Lasne (Belgium).
4-INTELLECTUAL PROPERTY RIGHTS
The content of the website is protected by copyright, trademark rights and other applicable intellectual property rights. No rights are transferred to the user. Any use other than for personal, non-commercial purposes without the prior written consent of Aria Partner SRL is prohibited.
Aria Partner SRL may receive suggestions or contributions from users. Such communications shall be deemed non-confidential unless explicitly stated otherwise. The user assigns to Aria Partner SRL all rights necessary for the use of said information.
The user undertakes not to publish or transmit any content that is unlawful or infringes the rights of third parties. Aria Partner SRL reserves the right to remove any non-compliant content.
5-NON-LIABILITY CLAUSE
Users access the site at their own risk. The information provided does not constitute advice (legal, tax, etc.).
Aria Partner SRL does not guarantee :
- The absence of errors, viruses or other harmful elements;
- Continuous or secure operation of the site;
- The accuracy or completeness of the information.
Aria Partner SRL accepts no liability for any damage arising from use of the site.
6-OBLIGATIONS OF THE USER
The user undertakes to comply with the rules and conditions of use communicated by Aria Partner SRL. In the event of non-compliance, Aria Partner SRL may take any appropriate measure (warning, suspension, deletion of content, etc.).
Users shall be solely responsible for their publications and shall indemnify Aria Partner SRL against any claims by third parties.
7-DATA CONTROLLER
Aria Partner SRL, registered under number BCE 0728.720.913, is responsible for processing personal data.
8-COLLECTED DATA
Aria Partner SRL collects :
- Identification and professional details ;
- Billing and bank details ;
- Data from third-party sources ;
- Technical data (IP address, browser, etc.) ;
- Browsing preferences and data provided voluntarily ;
- Professional data that is publicly accessible (e.g. LinkedIn) or transmitted by third parties for recruitment purposes (CVs, recommendations, assessment results).
9-PURPOSES OF PROCESSING
The data is processed in order to :
- Managing contracts;
- Send the newsletter ;
- Improving services;
- Communicating with users ;
- Optimising the user experience on the site;
- Identify, evaluate and present profiles to clients as part of recruitment or headhunting assignments;
- Manage relations with potential candidates.
10-COLLECTION METHODS
The data is collected :
- Through direct interaction with the user ;
- By automatic collection via cookies and servers;
- By third-party partners or customers;
- By consulting publicly available sources (professional social networks, specialist databases);
- By recommendations or professional references.
11-SAFETY
Aria Partner SRL implements technical and organisational measures to protect data against unauthorised access, loss or disclosure.
12-SHELF LIFE
Data is kept for as long as is necessary for the purposes for which it was collected, and then deleted or made anonymous, unless otherwise required by law.
13-USER RIGHTS
Users have the following rights: access, rectification, deletion, opposition, limitation, portability and withdrawal of consent.
To exercise these rights, please contact Aria Partner SRL using the form below [here].
14-ACCESS TO DATA
Data is accessible only to authorised persons (employees and subcontractors), who are bound by a contractual obligation of confidentiality.
15-INTERNATIONAL TRANSFERS
16-MARKETING COMMUNICATIONS
The user's e-mail address may be used to offer similar services. Subscription to the newsletter is possible with consent or on the basis of legitimate interest. You can unsubscribe at any time by filling in the available form [here].
17-CHILDREN'S DATA
Aria Partner SRL's services are not intended for persons under the age of 18. In the event of involuntary collection, legal representatives are invited to contact Aria Partner SRL using the form [here].
18-COOKIES POLICY
The Aria Partner SRL website uses cookies and similar technologies to improve the user experience, analyse browsing, ensure security and provide tailored content.
18.1-What is a cookie?
A cookie is a small text file stored on your terminal (computer, tablet, smartphone) when you visit a website. It enables your device to be recognised on subsequent visits.
18.2-Types of cookies used
- Strictly necessary cookies: essential for the site to function properly (e.g. language preferences, security, sessions).
- Analytical cookies: used to measure website traffic and gain a better understanding of user behaviour (e.g. Google Analytics).
- Functional cookies: facilitate certain functions such as sharing content on social networks.
- Marketing cookies: may be used to display targeted advertising on other sites or platforms.
18.3-Cookie management
On your first visit, a banner will inform you of the use of cookies and allow you to accept or refuse them (in whole or in part). You can change your preferences at any time via your browser settings or via our cookie management tool.
18.4-Durée de conservation
Cookies are kept for a maximum of 13 months from the time they are placed on your terminal.
If you have any questions about this policy, you can contact Aria Partner SRL using the form available at [here]. For information on the use of cookies, please consult the [cookies policy].
19-MODIFICATION OF THE POLICY
Any changes to the confidentiality policy will be published on the site.
20-DISPUTES
Aria Partner SRL favours the amicable resolution of disputes. In the event of a dispute relating to data protection, the user may lodge a complaint with the Data Protection Authority (https://www.autoriteprotectiondonnees.be).
The courts of the judicial district of Brussels shall have jurisdiction, unless otherwise provided by law applicable to consumers.
21-DATA PROCESSING FOR RECRUITMENT / HEADHUNTING PURPOSES
As part of its recruitment or headhunting assignments, Aria Partner SRL collects and processes data relating to professional profiles likely to correspond to the needs of its clients. This data may come from public sources, third parties or be provided directly by the persons concerned.
This information is used exclusively for the purposes of identification, evaluation and matchmaking in the context of professional opportunities. Aria Partner SRL ensures that this data is only passed on to its clients with the consent of the person concerned or in compliance with the appropriate legal basis.
Last update: 2 May 2025 - v.3
In force since 18 March 2025 - v.2
1-DESCRIPTION OF SERVICES
The Client has engaged Aria Partner to provide services (hereinafter the ‘Services’) for its benefit. The Parties have agreed on the Services to be provided in one or more service descriptions (hereinafter ‘Statement of Work’ or ‘SOW’). A SOW may take the form of a task order, a purchase order, a tender or (public) procurement documents. Any SOW, Framework Agreement and these General Terms and Conditions form an independent and binding contract for the Parties in relation to the Services described therein.
2-MODIFICATION OF CONTRACTUAL DOCUMENTS
Any changes must be made in writing. In the event of any contradiction in the contractual documents, the documents shall prevail in the order set out below: (1) the Statement of Work (‘SOW’); (2) the Framework Agreement; (3) these General Terms and Conditions; (4) any terms and conditions of the Client, provided that they have been expressly accepted by Aria Partner. The SOW, the Framework Agreement and/or these General Terms and Conditions constitute the entire contract between the Client and Aria Partner in relation to the Services described. The contract excludes the application of any other document issued by the Client, such as the Client's general terms and conditions. Each party is an independent contractor and neither shall be deemed to be the agent, distributor, partner or representative of the other. These General Terms and Conditions supersede any prior written or oral agreement or communication relating to its subject matter. No amendment to these General Conditions shall be valid unless it is in writing and signed by authorised representatives of both Parties.
3-EXECUTION OF SERVICES
Aria Partner shall perform the agreed Services on the basis of the provisions of one or more SOWs. Where the agreed Services are performed by means of a specialised Collaborator (consultant, in-house staff and subcontractor) appointed by Aria Partner (hereinafter the ‘Collaborator’), the latter shall carry out the agreed assignment with complete autonomy, in accordance with the objectives assigned thereto, in accordance with the provisions set out in the paragraph below. The Collaborator may only receive instructions from the Client relating to the performance of the Assignment, within the framework of the law of 24 July 1987. The Parties acknowledge in this respect that the Consultant is accountable to Aria Partner and not to the Client. The Client may not consider itself to be the Consultant's employer. Only the Client's instructions relating to compliance with its own health and safety rules may be given directly by the Client to the Consultant. The Contractor himself determines the circumstances and conditions under which he will perform his tasks. However, it will always take account of the Client's requirements in terms of organisation and execution of the assignment. The Client acknowledges that the choice of consultant to be appointed by Aria Partner to carry out the Assignment is entirely that of Aria Partner, which shall appoint the consultant on the basis of the type of Assignment and the availability and expertise of the Collaborator in question. Aria Partner undertakes to carry out its services within a reasonable timeframe, but shall under no circumstances be held liable for any delay attributable to the Client, third parties or force majeure.
4-INFORMATION DUTY
The Client undertakes to provide all information necessary for Aria Partner to carry out its assignment. The Client undertakes to ensure that all information communicated is adequate, truthful and complete. By accepting these General Terms and Conditions, the Client grants Aria Partner and its associates a general mandate to communicate, exchange and negotiate on its behalf with its staff, economic operators, actual candidates and potential candidates for recruitment. All decision-making remains the sole responsibility of the Client. In the event that the Client uses the platform developed by Aria Partner to carry out an assignment agreed in one or more SOWs, the special conditions of use of the platform shall apply in full.
5-FEES, INVOICING AND PAYMENTS
The fees include all the services required for the complete and perfect completion of the assignment on Belgian territory, i.e. all the ordinary operating costs associated with the assignment, in particular travel, parking, meals, accommodation, office, telephone, postage, secretarial, management and, more generally, administrative costs (telephone, fax, photocopier, printer, etc.). The fees as set out above do not, however, include extraordinary and additional expenses incurred by Aria Partner, which reserves the right, subject to the Client's prior agreement, to invoice the Client for such expenses, provided that they relate to reasonable, justified expenses in connection with the corresponding Assignment. The Customer undertakes to pay the costs and fees relating to the Services. For invoices for which payment has not been received by the due date set out on the invoice in question, (i) late payment interest shall be due automatically and without notice at the rate of ten percent (10%) per annum, and (ii) Aria Partner shall be entitled to apply a fixed indemnity of ten percent (10%) on the unpaid amount (with a minimum amount of fifty (50) euros). Furthermore, without prejudice to its other rights and remedies, Aria Partner shall have the right, without prior judicial authorisation, to suspend or terminate the Services in whole or in part if payment has not been received by the due date of the invoice concerned. Fees may be unilaterally indexed by Aria Partner each year, with effect from 1st January, in accordance with, inter alia, statutory wage indexation and changes in consumer prices. Unless otherwise stipulated in an SOW, Aria Partner reserves the right at all times to invoice its costs and fees on a monthly basis, invoicing the Client for all Services provided during the month preceding the invoice sent. Prices are always quoted exclusive of tax (including VAT). Aria Partner reserves the right to set off any amounts owed by it to the Client (for whatever reason) against any sums owed by the Client to Aria Partner under the Framework Agreement and/or the SOW(s).
6-DURATION
The duration is stipulated in each of the SOWs.
7-TIMING SERVICES
The scheduled delivery date for each Service provided is agreed by the Parties directly in an SOW. It is set at the time when the Client calls upon Aria Partner's services and must be adequately documented.
In the event that the provision of the Service requires the Client to provide information or documents, failure to provide said information or documents in a timely manner may result in a delay in the provision of the Service by Aria Partner.
Aria Partner's lead times are always given as an indication and may not give rise to any compensation in the event of a reasonable delay.
8-NOTIFICATIONS
All notifications given by virtue of the present General Terms and Conditions and all claims against Aria Partner shall be made in writing, in French, and shall be validly addressed by e-mail (legal@ariapartner.be) or by post with acknowledgement of receipt (Avenue du Bois Sainte-Catherine, 7, 1380 Lasne) to Aria Partner.
9-PRIVACY
Aria Partner undertakes, on its own behalf and on behalf of its employees: (1) To treat as strictly confidential, not to use and not to divulge to third parties any fact, commercial and/or technical information of which it may have been notified or become aware in the performance of the Contract. The use of this information for purposes other than the performance of this Contract for the sole benefit of the Customer is subject to the express prior authorisation of the Customer; (2) To comply with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) and the Act of 30 July 2018 on the protection of individuals with regard to the processing of personal data ; (3) to treat as confidential, for the duration of this Agreement and after its expiry, any documents, systems, software or know-how originating from the Customer of which it may have become aware in the course of carrying out this assignment, and not to use them outside the scope of this Agreement. This confidentiality obligation does not apply to information that has fallen into the public domain or the disclosure of which has been authorised in writing by the Customer; to keep this information secret and not to inform a third party without the prior written agreement of the Customer; (4) Not to make any statements to the press or to third parties without the prior written consent of the Client; (5) to make available to the Customer, within a reasonable period of time following the Customer's request, the market documents, reports, notes, letters or any other document of any nature whatsoever, as well as any copies or photocopies that the Customer may have in its possession as soon as this agreement is terminated. All market documents, reports, notes, letters and any other documents of any kind whatsoever, as well as copies or photocopies of these documents, concerning the Client are, remain or always become the property of the Client as the case may be, even if they are drawn up on paper or material that initially belonged to Aria Partner.
10-PROPERTY
The Client acquires (1) a licence to use, free of charge and in perpetuity, the results of this Assignment for the following modes of use: right of use, reproduction, translation, adaptation, modification; (2) the right to use the lessons, discoveries, improvements, refinements, methods or know-how developed or used during the performance of the Assignment, where the latter are useful for the use of the results. Unless otherwise stipulated in an SOW, Aria Partner nevertheless retains ownership of the intellectual property rights relating to the results of this Assignment (= all deliverables, studies, creations, innovations whether patentable or not, processes, products, know-how, models, equipment, tests, samples, prototypes, software, IT developments, specifications, databases, drawings, information, names, logos, whatever their nature, form or medium); there is no transfer of the economic rights of intellectual property. If methods, documents, general programmes or, more generally, tools that are the property of the Client or for which the Client has obtained distribution rights are made available to Aria Partner and/or the Consultant, whether or not in return for payment, they shall remain the exclusive property of the Client or its licensor.
11-RESPONSIBILITIES
The Client is fully and exclusively responsible for the performance of its staff and agents, for the timeliness, accuracy and completeness of all data, documents, signatures and information (including all information and financial statements) provided to Aria Partner and for the implementation of any advice given in connection with the provision of the Services. Aria Partner is entitled to rely, without any obligation to verify, on the accuracy, veracity and completeness of the information, documents, signatures and data provided by the Client. Aria Partner's services shall be subject to the timely fulfilment of the Client's obligations under these General Terms and Conditions and the timely decisions and authorisations provided by the Client in connection with the Services. In particular, the Client must be aware that the scope of Aria Partner's assignment is not such as to uncover any faults that may be the consequence of erroneous, misleading or incomplete information. The Parties expressly and irrevocably agree that Aria Partner is bound by an obligation of best endeavours and that its liability may only be invoked in the event of fraud, gross negligence or wilful misconduct within the meaning of the Law. A Party is only liable for damage caused by proven faults attributable to it within the limits of this article. Insofar as possible, Aria Partner will remedy the fault at its own expense, but this remedy excludes any form of financial compensation unless expressly agreed by the Parties. Where applicable, the Client may not claim compensation. The liability of the Parties shall be limited to the foreseeable, direct and personal damage suffered, to the exclusion of indirect damage, as defined by the new Civil Code (all damage or loss that does not arise directly and immediately from a wrongful act, whether contractual or extra-contractual, but indirectly and/or after the lapse of a certain period of time, including, but not limited to, loss of profit, interruption or stagnation of business, increase in personnel costs and/or costs due to downsizing, damages consisting of or resulting from third party claims, inability to achieve anticipated Savings or benefits and loss of data, profits, time or revenue, loss of orders, loss of customers, increase in overheads, consequences of a strike, however caused. In any event, Aria Partner's maximum liability under these General Terms and Conditions shall not exceed the value of the fees paid by the Client for the first six (6) months of the contract except in the event of fraud or wilful misconduct on the part of Aria Partner. The right to claim compensation for failures attributable to Aria Partner shall lapse six (6) months after the occurrence of the alleged fault. Aria Partner is insured for its professional civil liability and its operating civil liability in the event that they are incurred towards the Client, its employees and any subcontractors. The Parties agree that the directors, executive or otherwise, of Aria Partner are exempt from any extra-contractual liability to third parties, with the exception of criminal offences.
12-NO SOLICITATION
Until the expiry of this Contract, and for a period of twelve (12) months following the expiry date, the Client shall not engage or cause to be engaged - directly or indirectly through an intermediary or via a company related to it - any employee or consultant of Aria Partner, unless otherwise agreed in writing. The Client undertakes to pass on this clause to its own employees where applicable, and thus accepts full responsibility in the event of the latter failing to comply with this clause. Any Party failing to comply with the obligations set out in this article shall pay Aria Partner a sum equal to two (2) times the gross annual remuneration of the person in question.
13-NON-DISPARAGEMENT
The Parties agree that they will refrain from any action, communication or publication likely to damage the image or reputation of the other Party. This undertaking includes, but is not limited to, public or private statements, whether made orally, in writing or electronically, in the media, on the Internet or via any other means of communication. In the event of a breach of this clause, the Party concerned shall be entitled to claim damages and to exercise any available legal remedy.
14-MAJOR FORCE
Neither Party shall be liable for any delay or failure to perform its contractual obligations resulting from causes or circumstances beyond its control including, but not limited to, fire and other calamities, Internet or electrical network interruptions, computer viruses that cannot be reasonably eliminated by up-to-date software, acts of God, epidemics and pandemics, strikes or labour unrest, wars and other acts of violence or any law, order or instruction of any government agency or authority. If an event of force majeure continues for a period in excess of 30 uninterrupted days, either Party may terminate this Agreement, and any SOW in progress, ipso jure and without compensation. In the absence of signature of this Contract and its communication to Aria Partner, and in the absence of written observations or formal objections from the Client within a period of one (1) month from receipt thereof, the Contract shall be deemed to have been accepted by the Client. This implicit acceptance shall also be evidenced by any commencement of performance of the Services by Aria Partner and/or by the payment, even partial, of any invoice issued by Aria Partner. The Client acknowledges that these acts shall constitute agreement to the terms and conditions of this Contract.
15-INTEGRALITY OF THESE GENERAL TERMS AND CONDITIONS
All notifications provided for in these General Terms and Conditions or relating to them must be sent by e-mail (legal@ariapartner.be) or by registered post with acknowledgement of receipt to the registered office of the Parties. Any change of address must be communicated to the other party without delay. If a commitment contained in these General Terms and Conditions is not enforceable or is contrary to a provision of mandatory law, this will not affect the enforceability or validity of the other provisions of these General Terms and Conditions, nor the part of this commitment that is not contrary to mandatory law.
16-MARKETING
Notwithstanding any provision to the contrary in these General Terms and Conditions, Aria Partner may use the Client's name or logo in marketing and advertising materials to attest to its experience, as well as in its internal data systems.
17-SIGNATURE
The Parties explicitly accept that any contractual document may be validly signed via an advanced electronic signature system (e.g. Docusign) or via manual signature of the document sent by PDF scan. The Parties consider a document signed in this way to be authentic, written, valid and equivalent proof of the original signature.
18-APPLICABLE LAW AND JURISDICTION
This Agreement is governed by Belgian law. The Parties agree to attempt, in the first instance, to resolve amicably any dispute arising out of or in connection with this Contract, by means of mediation, in accordance with the mediation rules of the Belgian Centre for Arbitration and Mediation (CEPANI) (https://cepani.be/fr), in force at the time the request for mediation is made. If the Parties fail to reach an amicable agreement through mediation, the dispute will be finally settled by a sole arbitrator, in accordance with the CEPANI arbitration rules in force at the time the request for arbitration is submitted. The arbitrator will be appointed by CEPANI. The arbitration proceedings will be conducted in French and the seat of the arbitration will be in Lasne.
Last update: 18 March 2025 - v.2
In force since 18 March 2025 - v.2
These special conditions apply to all services that Aria Partner provides, in whole or in part, via its ‘Cloud’ platform (hereinafter the ‘Platform’) and to which the Client has obtained a right of access and use.
1-SERVICES
Under the terms of the contract between Aria Partner and the Client, the latter may be granted, for the duration of the contract, a non-transferable, non-exclusive and revocable right to use the Platform for its own needs only.
2-USERS
Before being able to access the Platform, Aria Partner sends a request to the Client with a view to obtaining all the information required by Aria Partner to create a user account. It is therefore the Client's responsibility to provide Aria Partner with the details of the person concerned. The following information is required: Valid e-mail address; Surname and first name; Position; Telephone number. The User thus designated by the Client may create other user accounts to enable other persons to connect to the Platform, subject to approval by Aria Partner. When the Designated User creates a new user account, Aria Partner sends the latter an email containing an activation link. The Client undertakes to: (i) ensure that Users only connect to the Platform using a company email address; (ii) not allow a User Account to be used by more than one person; (iii) allocate User Accounts exclusively to the Client's employees or administrators; (iv) immediately delete the User Account of any person who is no longer part of the Client's company. Aria Partner may not be held liable under any circumstances for any prejudicial consequences that may arise from negligent management of user accounts by the Client. If it appears at any time that the Client has allowed access to unauthorised persons, Aria Partner reserves the right to immediately block all access. The Client warrants that all users created shall comply with these terms and conditions and warrants to assume responsibility for any breach of obligations under this Agreement arising from the conduct of its users.
3-TECHNICAL FEATURES
Technical infrastructure: Use of the online software Platform as offered by Aria Partner requires: a high-performance operating system, a recent Internet browser, and Internet access (preferably a broadband connection). Failure to comply with these requirements may affect the performance of the Platform.
Availability: Maintenance operations and updates are carried out periodically. These operations and updates are carried out as far as possible outside office hours, although no guarantee can be given in this respect. Furthermore, in order to make its online Platform available, Aria Partner uses the infrastructures of third parties. However, Aria Partner may not be held liable for the unavailability or impossibility of use of the Platform due to a malfunction of said infrastructures for which it is not responsible.
Technical Support Centre: In the event of a problem accessing the Platform, the Client (or a user) may contact the Aria Partner Helpdesk during office hours using the following means of communication:hello@ariapartner.be.
4-CANCELLATION
90 days after termination of the Services or the Contract, Aria Partner has the right to delete all Client content and data and to block access to the Platform for any user. The said period must allow the Client to migrate the relevant data to its own systems.
5-CUSTOMER RESPONSIBILITIES
The Client is solely responsible for : Obtaining and maintaining all (software) licences, authorisations (in particular for the lawful processing by the Client of personal data) and permits that Aria Partner requires in order to be able to fulfil its obligations under this Agreement; The accuracy, quality and legality of all content; Ensuring that it and users use the Services and the Platform in compliance with all applicable procedures and guidelines under this Agreement and in compliance with applicable legal and regulatory provisions; Ensuring that the Client's infrastructure, network, systems, ... The guarantee that the Client's infrastructure, network, systems, etc. comply with the technical specifications set out above; The guarantee that it holds the licences, rights of use and/or authorisations for all the systems and software it uses or possesses on its infrastructure as well as for access to the network and other tools or technologies necessary or useful to enable Aria Partner, including the latter's subcontractors, to perform the Services, as well as the guarantee that they comply with all the rules and regulations applicable in this respect; The adequate security of its IT systems and the procedures used to access the Platform. The Client indemnifies Aria Partner and holds Aria Partner harmless against any and all claims, damages, liabilities, costs, fines and expenses (including legal and expert fees and costs of proceedings) that may arise directly or indirectly from any complaint, claim or legal action brought or made against Aria Partner by a third party on account of an alleged liability arising out of or in connection with one or more of the following events: (i) a breach of this Agreement by the Client; (ii) the use of the Services or Platform by the Client and/or its users; (iii) an alleged or actual infringement or unlawful use of any intellectual property or other proprietary right by the Client or its agents, representatives, or users; (iv) the failure of the Client to take reasonable security measures.
6-RESPONSIBILITIES AND GUARANTEES OF ARIA PARTNER
Aria Partner makes reasonable efforts to ensure that the Platform has the functionalities described in the corresponding documentation, insofar as the latter is available. Aria Partner provides no guarantee as to the duration of operation. To the fullest extent permitted by applicable law, the foregoing warranty is limited and Aria Partner makes no other warranties of any kind including, but not limited to, merchantability, satisfactory quality, fitness for a particular purpose, non-infringement or quiet enjoyment. The Client understands and accepts that the Platform may contain bugs, errors and/or imperfections. Aria Partner declines all responsibility and may not be held liable for any loss of Client data or content. The Client accepts that it is solely responsible for the results it obtains through use of the Platform. Aria Partner does not guarantee uninterrupted or error-free use of the Platform, or that the Platform will be free from harmful components such as malware, viruses, bugs or any other electronic element (e.g. hacking) that cannot be blocked by reasonably available anti-virus software, or that the content stored on the Platform will be completely secure or will not be subject to loss or damage in any way whatsoever. Nor does Aria Partner guarantee that the services, documentation and/or information obtained by the Client via the Platform will meet its requirements or expectations.
7-LICENCES AND (DATA) OWNERSHIP
The Client acknowledges that the Platform, related documentation, metadata, know-how, software, intellectual property and technologies used by, owned by, licensed to or developed by Aria Partner in the performance of the services are protected by intellectual property rights and remain the exclusive property of Aria Partner and/or its licensors. Except as expressly provided herein, this Agreement does not grant the Client any intellectual property rights or any other rights in or relating to the use of the Platform. All intellectual property rights and proprietary rights in the Customer Data, content and materials provided by the Customer or its Users shall remain the property of the Customer. The Customer is responsible for the processing of all Personal Data contained in the Content and Customer Data. The Client accepts that personal data supplied to Aria Partner by the Client itself and/or users under this Contract, or data used by Aria Partner to perform services, may be shared with any subcontractor, including subcontractors established abroad. The Client undertakes: (i) not to copy, modify, multiply, create derivative works from, duplicate, republish, upload, post, transmit or distribute, in whole or in part, the Online Software Platform, programme, software or any application provided by Aria Partner, in any manner and in any form or medium whatsoever ; or (ii) attempt, in whole or in part, to recompile, disassemble, reverse engineer or convert into a human-readable form the Online Software Platform, programme or software provided by Aria Partner; or (iii) sell, rent, license or lease, transfer, reproduce, disclose, commercially exploit or otherwise make available to third parties other than Users the Applications, the Online Software Platform or any other Service, programme or software provided by Aria Partner.
8-LIMITATION OF LIABILITY
Aria Partner accepts no liability for the Client's or third parties‘ network, systems or network connections, nor for any circumstances or problems arising from or related to the Client's or third parties’ network connections (e.g. bandwidth problems, long latency times, network failures) or which are caused by the Internet. The Client is responsible for the configuration, management, security and maintenance of its networks and systems as well as for the security, integrity and backup of client data and content. Aria Partner does not back up client data or content. Aria Partner further reserves the right, without prior notice, at its sole discretion, to the extent reasonable and with prior notice to the Client, to block or disable any environment if said environment is deemed to be defective or affecting access to Aria Partner's data centre network or another client's environment.
Last update: 18 March 2025 - v.2
In force since 18 March 2025 - v.2
1-SCOPE AND PURPOSE
As part of and for the purposes of performing the services, the Client transfers personal data to Aria Partner and instructs and instructs Aria Partner to process such personal data in accordance with the provisions of this appendix. The personal data shall be processed for the purpose of performing the services pursuant to the contract.
2-DETAILS OF DATA PROCESSING
Any processing of personal data under the Contract shall be carried out in accordance with legislation relating to the protection of personal data. Aria Partner is not, however, responsible for compliance with any legislation or regulations applicable to the Client or the Client's industry, but not generally to Aria Partner as a service provider, unless explicitly agreed otherwise between the Parties. For the purposes of providing the services, Aria Partner is a subcontractor acting on behalf of the data controller, and more specifically, the Client. The Client represents and warrants that it is and will remain duly and effectively authorised to give the instructions in this contract and, where applicable, in the name and on behalf of each related company (which may, where applicable, be the actual data controller). As a subcontractor, Aria Partner will only act on the Client's instructions. These General Terms and Conditions constitute the Client's complete instructions to Aria Partner regarding the processing of personal data. Any additional or different instructions must be agreed in writing between the Parties. The following instruction relating to the processing of personal data shall be deemed to originate from Aria Partner: (1) processing in accordance with the contract and (2) processing initiated by the Customer's users as part of their use of the services. The processing of personal data concerns personal data of current and former applicants, employees, contractors, agents and other collaborators of the Customer, as well as third parties indicated by the aforementioned persons as family members or contact persons, and concerns inter alia the following personal data: (a) Contact information such as address, e-mail address, telephone number, etc.; (b) Marital status and information relating to partner and children; (c) Payment data, in particular bank account number; (d) Employee number; (e) Function (description); (f) Data relating to the employee's contract of employment, including, but not limited to, gross salary, compensation and other benefits; (g) Social security number (if required for declarations to the Administration), such as the national registration number in Belgium; (h) Expenses; (i) Record of working hours and information on absences; (j) Qualifications, including CV and references; (k) Information relating to education, training, etc. that the data subject has received or will receive; (l) Information relating to personal development and assessments; (m) Authentication mechanisms in order to use the Services, such as user name, address, telephone number, e-mail address, etc. (n) Activities carried out by the Client's users in connection with their use of the Services; (o) Any other category of personal data agreed between the Parties in the contract, an order form or any other contractual document. Aria Partner may direct to the Client any data subject request, personal data breach notification, audit or research request and any other request. The Client will then distribute any such request or notification to the relevant data controller and Aria Partner reserves the right to direct any such request or notification directly to the relevant data controller.
3-RIGHTS OF THE PERSONS CONCERNED
Aria Partner shall, as far as possible, cooperate with the Client and assist it in fulfilling its obligation to respond to data subjects who request to exercise their rights.
4-DISCLOSURE
Aria Partner will not disclose any personal data to any third party except (1) at the Client's request, (2) as provided for in the contractual documents, (3) as required for processing by approved subcontractors in accordance with Article 6 or (4) as required by law. If the Client instructs Aria Partner to transfer personal data to a third party contracted by the Client, it is the Client's sole responsibility to enter into a written agreement with such party regarding the protection of such personal data, including, where applicable, the obligations imposed by the Standard Contractual Clauses. The Client shall indemnify, defend and hold Aria Partner harmless against any losses whatsoever arising from such transfer from Aria Partner to the third party contracted by the Client, unless and to the extent that the losses are attributable to proven faults on the part of Aria Partner. Aria Partner represents and warrants that persons acting on its behalf and authorised to process personal data undertake to protect the security and confidentiality of personal data in accordance with the provisions of this Annex. To this end, Aria Partner is required to inform persons acting on its behalf who have access to personal data of the applicable requirements and to ensure compliance with such requirements by means of contractual or legal confidentiality obligations.
5-DELETION AND RETURN OF PERSONAL DATA
At the end of the contract, Aria Partner shall delete all personal data from its systems or render it anonymous (without prejudice to any back-up records) following the expiry of all relevant legal and regulatory retention requirements. If Aria Partner is required to retain data used to monitor the correct processing of data in accordance with the assignment, or data that must comply with legal and regulatory data retention requirements, Aria Partner is competent to retain such data in accordance with the respective retention periods after termination or expiry of the contract, and Aria Partner will retain such data securely after the data retention requirements have expired.
6-USE OF SUB-CONTRACTORS
The Client expressly acknowledges and agrees that Aria Partner may transfer personal data to third-party subcontractors for the purposes of providing services. Any such sub-contractors to whom Aria Partner transfers personal data shall only be authorised to receive such data for the purpose of providing the services entrusted to them by Aria Partner and shall not be authorised to use such personal data for any other purpose. Aria Partner remains responsible for compliance by any such sub-contractor with the obligations imposed on Aria Partner by the contract, including these General Terms and Conditions. Aria Partner shall notify the Client in advance of all sub-contractors who will be processing personal data in connection with the provision of services and shall put in place a notification mechanism to inform the Client of any changes concerning sub-contractors. By accepting this document, the Client authorises on the date of entry into force the recruitment of subcontractors drawn up on the list provided in advance or available on written request to Aria Partner. Aria Partner shall enter into written agreements with any such subcontractor containing warranties identical to those set out in these General Terms and Conditions and obligations offering protection identical to that contained in these General Terms and Conditions, including the obligations imposed by the Standard Contractual Clauses, where applicable. The Client explicitly grants Aria Partner a mandate to sign and ensure compliance by Aria Partner's subcontractor with the Standard Contractual Clauses, in the name and on behalf of the Client. The said Standard Contractual Clauses shall be governed by the present General Terms and Conditions. Standard Contractual Clauses means the standard contractual clauses which the European Commission has decided offer sufficient protection to transfers of personal data to a third country, or clauses relating to data protection adopted by the European Commission or by a supervisory authority and approved by the European Commission.
7-TECHNICAL AND ORGANISATIONAL MEASURES
Aria Partner has implemented and will maintain appropriate technical and organisational measures to protect personal data.
8-VIOLATION OF PERSONAL DATA
In the event of a personal data breach, and regardless of the cause, Aria Partner will notify the Client immediately upon becoming aware of such a personal data breach. Both Parties agree to cooperate fully in any such review and to assist each other in enforcing the applicable requirements and procedures regarding the notification of a personal data breach.
9-DATA PROTECTION IMPACT ASSESSMENT
If the Client is required to carry out a data protection impact assessment, Aria Partner shall cooperate with the Client and assist it, insofar as it is directly concerned, in carrying out this assessment in order to enable it to fulfil its obligations.
10-RESPONSIBILITIES OF THE CUSTOMER
The Client is solely responsible for the lawfulness of personal data and the processing thereof pursuant to the contract. The Client represents and warrants that when it provides personal data to Aria Partner for processing by the latter: (a) it has duly informed the data subjects of their rights and obligations and, in particular, that it has informed them of the possibility that Aria Partner (or a category of service providers to which Aria Partner belongs) may process their personal data on its behalf and in accordance with its instructions; (b) it has complied with all legislation relating to the protection of personal data when collecting such personal data and communicating it to Aria Partner. The Client shall take all reasonable steps to keep personal data up to date to ensure that it is accurate and complete in relation to the purpose for which it was collected. The Client must implement and maintain the required technical and organisational data protection measures for the components it provides or controls, including workstations connected to Aria Partner services, data transfer mechanisms used and identifiers issued to Client personnel.
11-NOTIFICATIONS
Unless prohibited by law, Aria Partner shall notify the Client as soon as reasonably practicable if, in relation to the Client's personal data, it or any of its sub-contractors: (a) receives a request for information, a subpoena or a request for inspection or audit from competent public authorities in relation to the processing; (b) receives an instruction that contravenes the Legislation relating to the protection of personal data and/or the obligations set out in this Agreement.
12-CONFORMITY
Aria Partner will assist the Client in demonstrating that it is in compliance with legislation relating to the protection of personal data by making available, at the Client's request, all necessary information directly related to the provision of services entrusted within the Client's company.
Last update: 18 March 2025 - v.2