Privacy - Aexus

1. Introduction

Tech and software companies within Europe and beyond (“Clients”) outsource their European B2B sales activities to Aexus B.V. (hereafter referred to as “Aexus”, “we” or “us”) Aexus provides its Clients with “all things commercial”, meaning both inbound marketing (B2B) and the more direct approach to (potential) customers, such as telemarketing, seminars, approach via LinkedIn, email, etc. Aexus establishes contacts with potential customers (“Prospects”) on behalf of its Clients. In this privacy statement we explain what (personal) data we process for which purposes, as well as what your rights are, with whom we share data and how long we store this data.

2. Aexus is data controller

Aexus B.V. is the controller for the personal information we process, unless otherwise stated. There are many ways you can contact us, including by phone, email, live chat and post. More details can be seen here.

Our contact details:

Aexus BV
Email address: info@aexus-europe.com
Postal address: Europalaan 500, 3526KS, Utrecht, The Netherlands
Telephone number: +31 (0)26 – 442 44 23

3. Why does Aexus collect personal data?

a. Marketing and sales on behalf of Clients

Aexus acts as a B2B sales agent for its Clients. Aexus establishes contacts with Prospects on behalf of its Clients. When the prospect data is provided for by the Client, Aexus acts as a data processor for the Client. It is also possible that Aexus selects and contacts Prospects on behalf of the Client, in this case Aexus is Data Controller for the lead acquisition. Aexus collects Prospect data from various third parties and/or public sources. In that context, we may collect the following data of Prospects:

Business contact details, such as name, address, e-mail address and telephone number;
Organisation, department
Gender
Job Title
Contract and project history
Contact history

The legal basis for processing this data is the legitimate interest of a third party, being our Client who wishes to enter into contact with Prospects

b. CRM, account management and financial administration

Aexus B.V. collects contact details of (potential) clients and interested parties to implement CRM and account management. In that context, we may collect the following data of Clients:

Business contact details, such as name, address, e-mail address and telephone number;
Organisation, department
Gender
Job Title
Contract and project history (including Prospect Data)
Contact history
Financial details
Payment information

The legal basis for processing this data is the performance of a contract: the processing is necessary for the performance of a contract to which the data subject is a party, or to take steps at the request of the data subject prior to entering into a contract.

c. Marketing and Communications

Aexus collects personal data of Clients, Prospects, relations and interested parties and to keep them informed through various channels of current activities, events, products and services of Aexus or to contact them in another way. Data is collected when entering into an agreement, subscribing to the e-mail newsletter, visiting the website, asking a question to one of our employees, informing about our activities, or if you enter into contact Aexus another way. We collect the following personal data for marketing communication:

Contact details, such as name, address, e-mail address and telephone number;
Organisation, department
Sector
Gender
Function
Contact or contract history
Open and click behavior on the newsletter
Information about the use of our websites or apps. For example, an IP address, the version of the operating system and settings of the device used to visit the website, as well as information about the use of the website, such as the time of the visit, search queries used within the sites and the topics being viewed.
Web visit: Using cookies, Aexus can indicate relevant target groups and segments based on website behaviour and approach them in a targeted manner. You can read more about this in our cookie statement

The legal bases for processing this data are:

Consent: the data subject has given permission for the processing of his data, for example in the case of sending the newsletter or placing cookies.
Legitimate interest: the processing is necessary for the protection of the legitimate interests of the controller or of a third party. This is the case, for example, if we store certain information about contact and contract history in order to better serve our relations.

d. Analysis, internal control and product development

We process personal data for the purpose of management information and the implementation of our general strategy and policy. And for the purpose of optimizing business operations and our website(s). We analyse the use of our services in order to measure productivity and for quality control. Reporting is aggregated.

4. How does Aexus collect personal data?

We use different methods to collect data from and about you including through:

Direct interactions. You may give us your Identity, Contact and Financial Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:
- apply for our products or services;
- create an account on our website;
- subscribe to our service or publications;
- request marketing to be sent to you;
- enter a competition, promotion or survey; or
- give us some feedback.
Automated technologies or interactions. As you interact with our website, we may automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies. We may also receive Technical Data about you if you visit other websites employing our cookies. Please see our cookie policy for further details.
Third parties or publicly available sources. We may receive personal data about you from various third parties and/or public sources as set out below:
Technical Data from the following parties:
1. analytics providers such as Google based outside the EU;
2. advertising networks inside or outside the EU; and
3. search information providers based inside or outside the EU.
4. Contact, Financial and Transaction Data from providers of technical, payment and delivery services based inside or outside the EU.
5. Identity and Contact Data from data brokers or aggregators based inside or outside the EU.
6. Identity and Contact Data from publicly availably sources, such as the chamber of commerce or other publicly available registers based inside the EU.

5. What personal data does Aexus collect?

We may collect, use, store and transfer different kinds of personal data about you which we have grouped together follows:

Identity Data includes first name, maiden name, last name, username or similar identifier, marital status, title, date of birth and gender.
Contact Data includes billing address, delivery address, email address and telephone numbers.
Financial Data includes bank account and payment card details.
Transaction Data includes details about payments to and from you and other details of products and services you have purchased from us.
Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this website.
Profile Data includes your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses.
Usage Data includes information about how you use our website, products and services.
Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.

We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy statement.

We do not collect any Special Categories of Personal Data (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.

6. To whom does Aexus provide personal data?

Aexus may share personal data with the following parties:

Internal third parties

Other companies in the Aexus Group acting as joint controllers or processors and who are based inside or outside the EER and provide IT and system administration services and undertake leadership reporting.

External third parties

Clients: If we act as a sales agent, we can exchange personal data of Prospects with our Clients – with the knowledge of the Prospect.
Service providers: Suppliers based inside or outside the EER who provide IT and system administration services. When third parties process personal data on our behalf we enter into a data processing agreement.
Professional advisers an Trusted Sales Partners: parties including lawyers, bankers, auditors and insurers based based inside or outside the EER who provide consultancy, banking, legal, insurance and accounting services. In our capacity as a sales agent we can also engage European Trusted Sales Partners. Aexus and Trusted Partner act as Joint Controller ex Article 26 General Data Protection Regulation (“GDPR”) for the execution of the Services
Authorities: Based upon a legal obligation or at the request of the courts, this data may also be transferred to the authorities (police, tax authorities, etc.).

Transfers outside the European Union

Some of our external third parties are based outside the European Economic Area (EEA) so their processing of your personal data will involve a transfer of data outside the EEA.

Whenever we transfer your personal data out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring the following safeguards are implemented:

Where we use certain service providers, we may use specific contracts approved by the European Commission which give personal data the same protection it has in Europe. For further details, see European Commission: Model contracts for the transfer of personal data to third countries. Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA.

7. Your legal rights

Under the law, you have a number of rights that you can exercise free of charge. We have included a summary of these below; if you would like to discuss or exercise any of these, please contact us through the details provided.

Right to access personal data: This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it
Right to correct personal data: This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
Right to data portability: We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
Right to object to use of personal data: Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms
Right to restrict use of your data: This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
Right to erasure: This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
Right to withdraw consent: You may withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

If you want to use one of the above options, please send an email info@aexus-europe.com. You will receive a substantive response within four weeks.

8. What security measures are in place to protect personal data?

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. We use secure connections. Data is always sent encrypted, both to internal and authorized external parties. Within Aexus personal data is only accessible to employees who are authorized to do so by virtue of their position, based on a least privileged principle. Employees will only process your personal data on our instructions and they are subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

9. How long does Aexus retain my personal data?

We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.

To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.

By law we have to keep basic information about our customers including Contact, Identity, Financial and Transaction Data for seven years after they cease being customers.

In some circumstances you can ask us to delete your data: see below for further information.

In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.

10. Cookies

To allow for a personalized and relevant web experience, Aexus uses cookies and similar techniques such as web beacons and fingerprinting on its websites, hereinafter we simply say ‘cookies’. We and other parties use these cookies to track your browsing behavior within our site(s). And based on that information we may show you content that we believe matches your interests or area of expertise.

Our websites uses the following categories of cookies:

Functional – Necessary for the functioning of the website
Analysis – For analysis purposes to improve the website
Affiliate – To measure the effectiveness of advertisements
Social Media – For the functioning of f.e. embedded video
Marketing – To match information and advertisements from us and other parties to your interests as much as possible

We store your settings in a cookie. If you remove cookies from your browser, your choice cannot be recognized and we will ask your consent again for the use of cookies.

Please see our cookie statement for further information.

11. Intellectual Property

Everything on the Aexus websites is ours. This applies to texts, logos, illustrations and photos. We have made these or the images have been placed on our websites with the consent of the maker or the person depicted. As a visitor, you cannot simply copy, reuse or publish the material on our sites. If you would like to use contant, please contact us beforehand!

This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy statement of every website you visit.

12. How to lodge a complaint

If you have a complaint, you can contact us via info@aexus-europe.com We’ll do our best to help but if you’re still unhappy, you can contact the Autoriteit Persoonsgegevens, which is the Dutch data protection authority – their details are at www.autoriteitpersoonsgegevens.nl

13. Changes to this statement

Aexus may modify this Privacy Statement from time to time to reflect our current privacy practices. When we make changes to this statement, we will revise the “updated” date at the bottom of this page.

14.Data Processing Agreement

1. Considerations:

1.1 Parties have agreed upon the provision of Services as described in the Main Agreement
1.2 COMPANY determines the purpose and means of the processing of Personal Data by hiring Aexus B.V. for executing their marketing and sales effort abroad
1.3 Aexus (incl. Sales Partners) determines the means of processing by selecting potential buyers for COMPANY and by approaching them with marketing, business development, lead generation & sales activities on behalf of COMPANY. Aexus also keeps its own records of its activities as a sales agent for admin, CRM and analysis purposes.
1.4 Personal data (potential client contact details and conversation and sales history) are processed under the scope of this Agreement.
1.5 The parties are separate entities and independently responsible for this processing.
1.6 As Independent controllers, the parties wish to make arrangements in this agreement that govern the processing of Personal Data of potential clients for COMPANY in the context of the Agreement.

2. Definitions:

2.1 In this Agreement, unless the context otherwise requires:
2.2 “Data Protection Law” means, for as long as applicable to a Party, the EU General Data Protection Regulation (EU) 2016/679, and any national laws and regulations that apply to a Party from time to time, relating to the processing of personal data and privacy.
2.3 “Regulator” means any regulator from time to time whose consent, approval or authority is required to lawfully process Personal Data in accordance with this Agreement.
2.4 The following terms have the meaning ascribed to them in Data Protection Law: “Controller”, “Processor”, “Data Subject”, “Personal Data”, “Personal Data Breach” “Processing” (and ‘process shall be construed accordingly), “Prior Consultation”, and “Data Privacy Impact Assessment”.

3. Processing of Personal Data:

3.1 The parties agree that this agreement formalizes a lawful transfer of personal data between the parties as an independent controller and does not create any new or additional privacy issues;
3.2 Parties process the Personal Data fair and lawful in accordance with the GDPR and other applicable regulations;
3.3 Parties agree that they will use exchanged Personal Data for the purposes mentioned in the Considerations and to not process personal data further in a manner that’s incompatible with this purpose.
3.4 Either Party is, independently of the other Party, responsible for the processing of the personal data in conformity with the applicable Data Protection legislation.
3.5 Either Party is responsible for implementing adequate technical and organizational measures for securing the data in transfer and at rest.

4. Information notices and Data Subject Rights:

4.1 The Parties agree to offer each other cooperation and assistance for Data Subject Rights Requests related to the exchanged data.
4.2 Each Party will make sure that that data subjects can make a request to exercise their GDPR rights, including the right of access to data, rectification, erasure, restriction of processing and data portability if applicable.
4.3 Whenever a party receives a GDPR request from a data subject, it will inform all other parties of the request. All parties will then work together so that the request is fully and completely handled. The first party receiving the request will communicate with the data subject.

5. Data Breaches:

5.1 Parties will notify each other as soon as possible of any potential or actual loss of shared Personal Data and/or any breach of the technical and/or organizational measures taken (Data Breach), but, in any event, within 24 hours after identifying any potential or actual loss and/or breach
5.2 Parties will provide each other with reasonable assistance as required to facilitate the handling of any Data Breach.

6. Termination:

6.1 The Data Processing Addendum enters into force and will remain in force as long the cooperation between the Parties that reasonably requires the exchange of Personal Data. Provisions that are intended to continue after termination of this Agreement, will remain applicable after termination of this Agreement.

7. Security Measures:

7.1 Parties shall take all the technical and organizational security measures to protect Personal Data against unauthorised or unlawful processing, accidental or unlawful destruction or accidental loss, alteration, damage, unauthorised disclosure or unauthorised access pursuant to Article 32 GDPR.

8. Transfer Mechanisms for Data Transfers:

8.1 If, in the performance of the Services, Personal Data that is subject to the GDPR or any other law relating to the protection or privacy of individuals that applies in Europe is transferred out of Europe to countries which do not ensure an adequate level of data protection within the meaning of the Data Protection Laws and Regulations of Europe, the transfer mechanisms listed below shall apply to such transfers and can be directly enforced by the Parties to the extent such transfers are subject to the Data Protection Laws and Regulations of Europe:

The EU C-to-C Transfer Clauses (accessible via: https://commission.europa.eu/publications/standard-contractual-clauses-international-transfers_en)

Aexus helps innovative tech and software companies extend their reach into international markets by providing expert sales, business development and inbound marketing services. For the provision of these services Aexus may use Trusted Partners. A Trusted Partner is a provider of international sales and marketing consulting services. Trusted Partners are an independent entity that carry out the Services under the agreement between Aexus and the Client that wishes to outsource his marketing. Aexus B.V. remains Client’s point of contact in relation between parties and is fully responsible and liable for complying with the obligations of this Agreement.

Aexus uses the following Trusted Partners:

Slyngshot s.r.o, registered in the Commercial Register by the Municipal court in Prague, Section C, Insert No.338337, Co. Reg. No. 09572040.
Springboard Consultancy, S.L., with VAT number B66673765, Registered Office: Calle Pérez Pujol, 5, Puerta 1, 46002 València

Version: June 2024