Privacy and cookie statement - Ternair Marketing Cloud Manual

Prologue

This privacy and cookie statement applies to the processing of personal data by Ternair, which includes the following entities: 2holdMore B.V (CoC: 30 20 71 17), Ternair Software Solutions B.V. (CoC: 30 27 39 83) and 2bMore B.V. (CoC: 30 23 4 431). Hereinafter referred to as: “Ternair” or “we”.

Ternair process personal data of its (potential) customers and partners so we can help our (potential) customers as well as possible and to achieve our objectives. The starting point is always that Ternair will not process more personal data than is necessary for the purposes described below.

In the privacy and cookie statement we’ll inform you about what data we collect when you use our website and/or use our services and products. We’ll also explain why we collect this data and how we use it to improve the user experience.

Who is Ternair

Ternair develops and delivers marketing automation solutions and services for medium-sized and large enterprises that want to get more out of their customer data with data-driven 1-to-1 interactions.

With Ternair Marketing Cloud, we offer marketing professionals an advanced and user-friendly solution for creating and automating data-driven 1-to-1 campaigns for all channels and touchpoints.

Data protection officer

The data protection officer (DPO) of Ternair is Cindy Vergeer. She can be reached via c.vergeer@ternair.com or + 31 (0)30 687 7103.

Personal data

Ternair process your personal data when you are using our products, services and / or because you provide this information to us. For example, when you register for the newsletter and / or request information, demonstrations, price requests, among other things, we ask you to fill in your personal and company details. This data can be combined with previously obtained data via other Ternair services and /or application forms. We use cookies and similar techniques to get an impression of your activities within our websites, e-mailings and services in order to offer you an optimal experience. Read more about cookies in our cookie statement.

The personal data that we may process are:

First and last name(s)
Address, place of residence
Phone number
E-mail address, opt-in for e-mailings
Gender
Company
Function
Information on attending events (training/ webinars/ events)
Contact history
IP address
Internet browser and device type
Date, time, location, internet session
Social ID
Cookie ID
Fingerprint
Interests
Surf behavior
If you receive an e-mail from us, we register your interactions (open and click behaviors)
Other personal data that you actively provide, for example by signing up for the newsletter, in correspondence and by telephone.

When you send an e-mail or other messages to us, we may keep those messages. Sometimes we will ask for your personal details that are relevant to the particular situation. This makes it possible to process your questions and answer your requests.

Special and/ or sensitive personal data

Our website and / or service does not intend to collect data about website visitors who are younger than 16 years. Unless they have the permission from parents or guardians. However, we cannot check if a visitor is older than 16. We encourage parents to be involved in the online activities of their children, in order to prevent data being collected from children without parental consent. If you are convinced that we have collected personal information about a minor without the permission, please contact us at c.vergeer@ternair.com and we will delete the information.

Purposes of processing

Ternair processes your personal data for the following purposes:

A part of our processing is a legal obligation (administration, retention and tax obligation).
To deliver products and services that you have purchased.
To handle your registration and / or payment after you have purchased a product or service.
To make contact via e-mail or telephone to answer (support) questions or contact/ demo/ price requests.
To create an account for you after you have registered yourself.
To inform you about (changes/ software updates of) our services and products that you have purchased.
To inform you about other products or services offered by Ternair.
To send invitations to participate in surveys or events related to the Ternair product and service offer.
To send (personalized) newsletters and mailing for which you have registered. In each newsletter is a possibility to unsubscribe.
To be able to communicate with you through various channels (telephone, mail, e-mail, social media, website, within our software) from both a service and marketing point of view.
To improve our website based on your surfing behavior and to adapt our range of products and services to your preferences. We only do this with your permission.

Automated decision making and profiling

Ternair does not use automated decision making and / or profiling. These are decisions taken by computer programs and systems, without a Ternair employee sitting in between.

Legal grounds for processing of data

Ternair process your personal data:

To execute the legal duty.
To execute an agreement.
With your permission.
To perform in the legitimate interest of Ternair: the implementation of objectives. To provide the service you request, to get to know our (potential) customers better and to be able to show personal content/ offers.

If you would like to know more about legal grounds for processing of data, please contact us at c.vergeer@ternair.com.

Retention period

Ternair does not keep personal data longer than necessary for our purposes of processing. The retention period is related to the purpose for which we have received or collected the data and any legal obligations. If you have any questions about this, please contact us via c.vergeer@ternair.com.

Processors and third parties

Ternair never provides, sells, rents or leases your personal data to third parties unless we are legally obliged to provide data, when it is necessary for the execution of an agreement or when you have given permission for this.

We hire service providers for the execution of our services. These are not ‘third recipients’ but ‘processors’. These processors do not use the data for their own purpose and process the personal data exclusively in accordance with the assignment of Ternair. With the companies that process your data, we conclude a processor agreement to ensure the same level of security and confidentially of your data. Ternair remains responsible for these processing operations.

Data within the EEA

Your personal data will only be processed within the European Economic Area (EEA).

Security

Ternair takes the protection of your personal data seriously and takes appropriate organizational and technical measures to prevent misuse, loss, unauthorized access, unwanted disclosure and unauthorized modification.

To protect your personal data, we have taken the following measures:

Ternair has officially received the DDMA Privacy Seal. With this Seal, we demonstrate that we use personal data in a careful and transparent manner, that we correctly handle personal data that can be used for advertising purposes, and that we act in accordance with all applicable privacy rules. On the basis of an enforcement regulation, the DDMA assesses whether we stick strictly to the strict rules and obligations.
Our website and software has an SSL certificate that guarantees visitors and users that (personal) data is sent via browsers via HTTPS, so that information is encrypted and secured.
Our software is tested for vulnerabilities annually by independent and accredited parties that perform penetration tests (or pen tests). Until now, the conclusion has always been that our software is adequately secured to be resistant to digital attacks.
Ternair has taken extensive measures to cover the procedure in the occurrence of a data leaks. But more importantly; various technical and organizational measures have been taken to prevent data leaks.
Servers and devices of our employees are equipped with up-to-date security software, such as a virus scanner and firewall. The server is hosted by Sentia in Belgium.

If you feel that we are not properly protecting your personal data or are misusing it, please contact us via c.vergeer@ternair.com.

Links to other websites

Several references to websites of other organizations can be found on the website of Ternair. Ternair is not responsible for how those organizations process data. The privacy statement of the specific organization is applicable. We advise you to read the privacy statement of the organization in question.

We use social media (e.g. Facebook, Instagram, Twitter and LinkedIn) to brighten up our content and to make a report of events and gatherings. To accomplish this goal, we like to share footage of event visitors, speakers and other persons on our social media. Please let us know if you rather not have us post footage of you on our social media, at c.vergeer@ternair.com. When using footage by social media, the privacy statement of that social platform is applicable.

Rights of data subjects

Ternair represents all your privacy rights. According to the General Data Protection Regulation (GDPR), Data Subjects have the following rights.

Information and access

You have the right to see what personal data we process from you. We are happy to tell you how and why we process this data.

Rectification

You have the right to change inaccurate personal data concerning you. Do you feel that we have the wrong information about you? Let us know so that we can change it.

Erasure (‘right to be forgotten’)

You have the right to ask us to delete your personal data. We may not be able to completely delete your personal data, because we still have to process some data for other purposes. For example, like administration or other legal obligations.

Restriction

When you think we process your personal data unlawfully or incorrect, you can ask us to delete the processed data.

Objection (resistance)

You have the right to object the processing of your personal data. If you object to the use of your personal data to inform you about our activities and similar (“direct marketing”) processing, we always honor this. You can prevent further receipt of (marketing) e-mails from Ternair by clicking on the unsubscribe link in every e-mail you receive from us. Your data will then no longer be used for direct marketing purposes. If you object to other forms of processing your personal data, we will assess whether we can meet your objection.

Data portability

You can request us to deliver your personal data, which we process on your consent or on contract, in a structured, commonly used and machine-readable format

Withdraw permission

You have the right to withdraw your consent for a process of your data, for example our newsletter.

Prosecution of rights

You can prosecute your rights by contacting c.vergeer@ternair.com. To ensure that the request had been made by you, we ask you to send a copy of your ID with the request. Make your passport photo, MRZ (machine readable zone, the strip with numbers at the bottom of the passport), passport number and Citizen Service Number (CSN) black, in this copy. This is to protect your privacy. We respond as quickly as possible, but within four weeks, at your request.

Supervisor

If you think we do not act in accordance with the GDPR, we would like to hear from you. You have also the opportunity to file a complaint with the national supervisory authority, the Dutch Data Protection Authority.

Cookies

Ternair uses cookies and similar techniques e.g. scripts, tags, fingerprints and tracking and conversion pixels (after this referred to as “cookies”). We use cookies to ensure the functionality, quality and effectiveness of our websites, e-mail marketing and other digital channels. We ensure a personal and relevant customer experience when you give your consent to this.

These cookies help us ensure that, for example:

Surfing our website is easier and more fun;
We can measure how our website is used and how we can improve it;
We can show relevant and customised content on our websites, the e-mail and other digital channels;
We can show advertisements and make recommendations based on your interest (we have a partnership with third parties to manage and display our advertisements on other websites).

What are cookies?

A cookie is small text file that is stored in the browser of your PC, tablet or smartphone when you first visit this website. Next time you visit the website, your browser will read the cookie and relay the information back to the website. Cookies cannot damage your device, or the files stored on them.

Types of cookies

We use different types of cookies. We install functional cookies to ensure the correct and safe use of our website. We also use these cookies to analyse our website. We use this information to improve our website, not to create personal profiles. That is why we do not ask your permission for functional cookies.

However, there are two types of marketing cookies for which we always ask your permission before installing them.

Marketing (own): cookies set by the Ternair website, known as “first party cookies”.
Marketing (third parties): cookies set by a third party website that is providing a service for the Ternair website, known as “third party cookies”.

The types of cookies that may be used on the site are listed below, with a description of their purpose.

Functional cookies

Ternair uses functional cookies to ensure the correct and secure operation of its website. This type of cookie is strictly necessary to function properly. It helps to make our websites usable by enabling basic functions like page navigation and access to secure areas of the website. These cookies are also used to store your preferences, such as your language settings. Therefore, they are always used, regardless of user preferences.

Analytical cookies (anonymous)
To improve the quality and effectiveness of our website, Ternair uses analytical cookies. We use Google Analytics in order to gather anonymous information about how our website is used. For example, we analyse the number of visitors, the duration of the visits, and the order in which the web pages are visited. With this information we are able to optimise the user interface and functionality of the website for a better performance.

Google Analytics is solely responsible for the placement of the cookies and the investigation and analyses of the resulting information. While using the analytical cookies, IP addresses are processed, but we have taken a number of measures to ensure your privacy. For example, we have signed a processor agreement with Google Analytics. This agreement establishes that Google acts solely as the processor of the data collected through the cookies. Google, therefore, does nothave an independent right with regard to this data and may not, for example, use this data for its own purposes. We have disabled the ‘share data’ feature. In addition, we have chosen to make the last octet of the IP addresses invisible. For more information about the way Ternair and Google process your personal data, we refer you to this page.

Analytical cookies are used to improve our website, not to create personal profiles. By only using anonymous analytical cookies, these cookies can be considered as functional cookies.

Marketing cookies

We will only use marketing cookies and your data for commercial purposes if you have given your consent. These cookies help us to provide you with personalised content and/ or advertisements. We use two types of marketing cookies.

Marketing cookies (own) – on Ternair website
Ternair uses marketing cookies to ensure that we can offer you relevant content on our websites, in e-mail campaigns and via other digital channels. We use a technique that is called “fingerprinting” to collect information about how you act when visiting our website, such as click behaviour and the pages visited, and we combine this, where possible, with customer data from our internal systems. This information lets us offer you relevant content and personalised advertising on our websites and in other communications from us such as e-mail, tuned to suit your relationship with Ternair, your preferences and your behaviour.

In contrast with marketing cookies set by third parties, this cookie cannot track your browsing activity on other websites. Only Ternair can read them.

Marketing cookies (third parties) – on Ternair website and elsewhere

In addition to our own marketing cookies, we also use marketing cookies set by parties other than ourselves. This means that the information about you collected by those third party cookies will be shared with the relevant third party. For example (social network) platforms such as Facebook, Instagram, Linkedin and Twitter.

Ternair uses these marketing cookies to show you relevant advertisements. We use a technique that is called “pixels” to track visitors across websites. They perform functions like preventing the same ad from continuously reappearing, ensuring that ads are properly displayed for advertisers, and in some cases selecting advertisements that are based on your interests.

The advertisement network and/or its algorithm ultimately determines when you will be shown an Ternair advertisement. In some cases, the networks use derived information about your behaviour and characteristics to generate comparable target groups for Ternair. Ternair uses this technology also to exclude you from a campaign if this is not relevant for you, for example because you already use the product advertised.

If you do not accept these cookies, Ternair can also show you advertisements on third-party websites, but these will not be personalised. With these cookies we can show you advertisements that are relevant to you.

Please note that we do not control the collection or further use of your data by third parties. For more information about the way these third parties process your personal data, we refer you to the privacy statement of the third parties in question.

Unforeseen cookies

Due to the way that our website works, it is possible that we do not always have insight into the cookies that are placed on our website. This can occur, for example, in the event that so-called embedded elements (texts, images, films and / or documents stored with another party) are used.

Block and/or remove cookies

If you do not want websites to place cookies on your computer, you can adjust your browser settings so that you get a warning before cookies are placed. You can also adjust the settings so that your browser refuses all cookies. You can also delete the cookies that have already been placed on your computer. Note that you must adjust the settings separately for each browser and computer you use.

How you can adjust your settings is different for each browser. If necessary, consult the help function of your browser, or click on one of the icons below to go directly to the manual of your browser. Below you will find a list of the most used browsers and a link to show you how delete cookies in those browsers:

Questions

If you have questions about this privacy and cookie statement or wish to invoke one of your legal rights, please contact us via c.vergeer@ternair.com.

Contact information

Ternair
Floridalaan 6, 3404 WV IJsselstein, The Netherlands

T: + 31 (0)30 – 687 71 03
F: + 31 (0)30 – 687 71 04
E: c.vergeer@ternair.com

CoC Utrecht: 30 23 44 31
VAT number: NL8155.19.989.B01

Changes to privacy and cookie statement

This statement will change from time to time, for example because our website or legislation is being modified. We recommend regularly consulting this privacy policy to stay up to date on any changes that may be relevant for you.

IJsselstein, The Netherlands, October 2020