Version 15/05/2024
These Terms of Use (the “Terms of Use”) define the rights and obligations of users (including the Customer) in connection with the Applications and their use. The term “Applications” includes all applications of Optiflux NV (see contact details at the bottom), in particular “WatchDog”, “QualityInsights”, “Storage Insights”, “OptiControl” and “OptiPallet “as further explained under Article 2.
Optiflux is willing to grant access to the Applications only to users who unconditionally accept these Terms of Use and Optiflux’s Privacy Policy (and amendments thereto). If a User does not agree, they must immediately cease using the Applications. Under no circumstances will this warrant a refund or termination of the Terms. The Customer is responsible for its users and for their compliance with the Terms of Use.
The Applications include the following:
The Applications may not be available in case of updates, failures, maintenance, etc. This will be limited as much as possible, without right to compensation. Maintenance is possible at any time and without prior notice. Optiflux may always make changes to the Applications and correct errors. Optiflux reserves the right to refuse access to and/or use of the Applications, temporarily or permanently.
To gain access to the Applications, Users must create an account using online registration through Optiflux’s web application. In doing so, they must provide (at least) the following information: organization, name, e-mail address and cell phone number. All other information is not mandatory, although Optiflux may recommend it or require it in function of specific functionalities. The User shall provide complete, current and correct information and will always update it.
If the User has an account, he/she may log in with his/her login name and password. Each account is unique and each user may only have 1 (one) account. The Customer must ensure that:
The Customer is responsible for all activity through the Users’ accounts and shall inform Optiflux as soon as possible in the event of (suspected) breaches. The Client shall indemnify Optiflux for any damage resulting from use and misuse of the Applications, and violations of these Terms of Use.
The Applications may only be used for lawful purposes and for the functionalities provided. The Customer and its users are prohibited from (attempting to) violate the security and operation of the Applications.
In particular (without limitation), neither the Customer nor its users may use the Applications:
If the Customer or any User becomes aware of such activities, he/she shall immediately notify Optiflux and take all other appropriate measures to cease such activities and limit the damage.
Within the legal limits, any non-performance by one of the parties shall be governed exclusively by the agreements between the parties and, in addition, contract law, excluding extra-contractual liability, whether or not the non-performance constitutes a tort. Within the legal limits, any extra-contractual liability claim pursuant to a nonperformance by any auxiliary person of a party is excluded, whether or not it constitutes a tort.
Unless expressly agreed otherwise, Optiflux’s obligations constitute obligations of means. Optiflux does not guarantee that the use of the Applications will be uninterrupted and error-free, nor that the content of the Applications or the results will be accurate and reliable. Optiflux shall only be liable for intentional and serious errors. Optiflux shall never be liable for consequential damages, for third party claims, nor in case of force majeure (being external circumstances that happen independently of its will and that make the performance of its obligations impossible or unreasonably onerous). In no event shall Optiflux’s liability exceed the amount of the contract value per year, regardless of whether the claim is made on a contractual or non-contractual basis. The Customer and Users shall take all reasonable measures to mitigate any damages. This provision applies to both contractual and non-contractual claims.
In the event of a change of circumstances within the meaning of Article 5.74 of the Civil Code, a party may request that the agreements be renegotiated. The parties shall conduct such negotiations in good faith and within a reasonable period of time.
Changes to or deviations from the Terms of Use are only possible with the written approval of Optiflux. If any provision of the Terms of Use is found to be invalid or unenforceable, this shall not aJect the validity and enforceability of the remaining provisions.
The Terms of Use and, in general, any (contractual) relationship and/or claim relating to the Applications shall be governed by Belgian law. Any dispute with Optiflux shall be subject to the exclusive jurisdiction of the courts of the jurisdiction of Optiflux’s registered office.
Your privacy and the protection of your personal data is of great importance for Optiflux NV. This cookie policy explains how we use the personal data we collect through cookies, what we do with them and how we process them. We believe it is important to create and maintain an environment in which users of our online environment can be assured that their information will not be misused.
This website and the associated cookies are managed by with registered office at Centrum-Zuid 1111, 3530 Houthalen-Helchteren, BE and CBE number BE0763.806.605. We act as a data controller when we process the personal data of the users of our online environment by means of cookies. We comply with applicable data protection regulations, such as the General Data Protection Regulation 2016/679 (GDPR) and national data protection laws. These regulations relate to the protection of your personal data and grant you rights with regard to those personal data. The purpose of this policy is to indicate what personal data we collect through cookies and how we use your data after you have visited our website via a desktop computer, tablet, smartphone or other medium on which the cookies are installed.
Cookies are small text files that contain small pieces of information and store information, such as your language preference, when you visit our website. These cookies are stored on your computer, tablet or smartphone when you visit our website. Cookies may contain personal identifying data, but this is not always the case. When you revisit the website at a later time, this cookie will send information to the website so that the website recognises your browser and can remember your language preference, for example. Some cookies make it possible to enable certain functions on our website or to measure how website visitors use our website so that we can use this information to optimise the website. Cookies often have an expiration date with the result that they are automatically deleted after a certain time. Some cookies are deleted immediately after closing the browser, such as session cookies, while others remain on your device for a longer period of time.
Strictly necessary cookies are essential in order to navigate on our website and make use of its functions. Functional cookies remember the choices you have made, such as the country from which you are visiting the website, language choice and search parameters. Without these cookies, requested services such as remembering your login details or the items in a shopping cart cannot be provided. These cookies allow us to offer you a more enjoyable experience that better suits your choices. These cookies cannot track your browsing activity on other websites. We can install these cookies without asking your consent.
These cookies collect information about your browsing habits to better tailor advertisements to your preferences. They are also used to limit the number of times you see a particular ad and to measure the effectiveness of an advertising campaign. These cookies are usually placed by networks of third party advertisers. They remember the websites you visit and that information is shared with other parties such as advertisers. For example, we use external companies to show you more targeted ads when you visit other websites. You can consult these companies in the table below. These cookies are only installed on your device after you have given your consent.
These cookies make it possible to share what you have done on the website on social media such as Facebook, LinkedIn and Twitter. We have no control over these cookies. The social media platform acts also as a data controller in this case. Please read the privacy policy of the respective social media platform for more information on the operation and use of these cookies. These cookies are only installed on your device after you have given your consent.
These cookies collect anonymous information about how people use our website. We use these cookies to find out how customers get to our website, how they browse or use our website and what can be improved such as navigation, shopping experience and marketing campaigns. The data stored by these cookies do not contain any personal information that can be used to determine your identity. We use a “first party” analysis tool installed on our own servers. This means that we have full control over the information collected through these cookies. No data will be sent to a third party. Consequently, we can assure you that this information will not be used for other purposes. For the use of these “first party” cookies for analytical purposes, your prior consent will be requested. These cookies are therefore all installed on your device after you have given your consent. We also make use of third party services such as [e.g. Google Analytics] to collect information about visitors to our website. This information is aggregated to determine the number of visits, average length of visit, pages viewed, etc. We use this information to measure the use of the website and to improve the content and value of our website. More information on how Google processes your information can be found on – the Google Analytics webpage. For the use of these “third party” cookies for analytical purposes, your prior consent is requested. These cookies are therefore all installed on your device after you have given your consent.
Some of our web pages may contain electronic images called “web beacons” or “pixels” (also known as “clear gifs”), which allow us to count the users who have visited the pages in question. Web beacons collect only limited information including a cookie number, the date and time the page is displayed, and a description of the page on which the web beacon is placed. External advertisers can also place such web beacons. These beacons do not contain identifiable personal data and are only used to track the effectiveness of a specific campaign. These cookies are only installed on your device after you have given your consent.
We may process and share the information we obtain through cookies: with third parties who assist us with our products and services. Examples of third party activities include data analysis and marketing support providers. These companies will have access to the information processed through the cookies, but only when strictly necessary to carry out their activities. They may not use your data for other purposes.
We may transfer your personal data to third parties located in third countries (outside the European Economic Area (EEA)). This transfer of data outside the EEA is lawful if the recipient of the data is in a country providing an adequate level of protection following an adequacy decision of the European Commission. Some of these countries may not have equivalent data protection laws to protect the use of your personal data. In this case, we have examined whether appropriate precautionary measures such as within the EU are possible, e.g. by providing for standard contractual clauses. In specific cases, we ask for your prior consent to transfer your personal data outside the EEA. For more information about the transfer of data, please refer to our privacy policy. Optiflux NV does not transfer your personal data to third countries outside the European Economic Area.
If you have given us your consent by clicking on the appropriate button on the cookie banner, you can withdraw your consent at any time. You can do this by deleting the stored cookies via your browser. Some cookies are already deleted when you close your browser (session cookies). Others will remain on your device until they expire or until you delete them from the cache (permanent cookies or tracking cookies) as these cookies allow us to remember things about you when you revisit our website. By deleting our cookies or disabling future cookies, certain parts or functions of our website may not be accessible. If you want to delete cookies that are already on your computer, please refer to the help and support function of your Internet browser where you will find instructions on how to find the file or folder where cookies are stored. For most browsers, the toolbar help function also provides information on how to prevent your browser from accepting new cookies, what to do to notify you when you receive a new cookie, or how to disable cookies altogether. Please note that if you choose to disable cookies, some personalised services may no longer be available. Via the links below you will find more information about deleting cookies per browser: Firefox, Safari, Internet Explorer, Chrome, Firefox (mobile), Safari (mobile), Microsoft Edge. For more information about cookies and how to delete them, please visit www.allaboutcookies.org, or go to www.youronlinechoices.eu, where behavioural advertising and online privacy are further explained. These websites exist only in English and are not affiliated with our website or company.
You have the right to access the information held about you and to receive a copy of the information in our possession. If your personal data has changed, you have the right to ask us to rectify the data, supplement or delete any outdated, incorrect or incomplete personal data that we hold about you. You also have the right to limit the processing of your data and to object to the processing of your personal data. Furthermore, you have the right to receive the personal data concerning you that you have provided to a data controller in a structured, commonly used and machine-readable format and to transmit that data to another data controller. If you have any questions about this cookie policy or how we process your personal data through the cookies or if you wish to exercise your rights, please contact us at info@optiflux.world. You have the right to lodge a complaint with the Data Protection Authority if you are not satisfied with our response to your requests.