1. Introduction

Effective Date / Last Updated: September 5, 2021 This privacy policy has been updated as of the effective date to update our legal name and contact information. Introduction The Achtago platform and website is operated by Skillsuper 27 Old Gloucester Street, London, WC1N 3AX, United Kingdom E-Mail: support@achtago.com Internet: www.achtago.com (“we”, “our”, “us”). We are committed to protecting and respecting your privacy. For the purpose of the General Data Protection Regulation (“GDPR”), we are the data controller. We, Skillsuper, Ltd. Achatgo (“Achtago.com”), have created this privacy policy (“Privacy Policy”) to demonstrate our commitment to you, whether you are a visitor, seller, buyer, or other user (each, a “User”), with respect to user privacy regarding Achtago’s www.achtago.com, its mobile applications and social media pages (including Facebook, Twitter, and LinkedIn pages) and any related platform and services offered by Achtago (collectively, the “Site”). We provide settings that allow you to control how certain information is used on the Site.


2. Information

What types of information do we collect and for which purposes do we use it?

Information concerning you may be provided by your company in the context of your registration as an authorized representative of your company in relation to the use of the Platform. You may provide information by contacting us via the Platform, by email, telephone, communication channels within the Platform, or otherwise. As it is in our legitimate interests (Article 6(1)(f) GDPR) to operate and ensure the proper functioning of the Platform, we will use your information to: • communicate with you; • contact you via telephone or email; • administer and provide services and customer support; • enhance, improve and personalise our services; • enforce our general terms of use for the Achtago platform; or • collect statistical information about your use of the Platform


Technical usage information

When you visit and use the Platform, we automatically collect the information sent to us by your computer, mobile device, or other access device. This information includes: • your IP address; • device information including, but not limited to, identifier, name, and type of operating system; • mobile network information; and • standard web information, such as your browser type and the pages you access on our Platform. As it is in our legitimate interests (Article 6(1)(f) GDPR) to process your data to provide effective services, we collect this information in order to: • personalise our Platform to ensure content from the Platform is presented in the most effective manner for you and your device; • monitor and analyse trends, usage and activity in connection with our Platform and services to improve the Platform; • administer the Platform, and for internal operations, in order to conduct troubleshooting, data analysis, testing, research, statistical and survey analysis; • keep the Platform safe and secure; or • measure and understand the effectiveness of the content and information we provide through the Platform.


Information Collected or Received

Achtago may require users of the Site to give us personally identifiable information, which may include but is not limited to the user’s name, company name, company address, delivery address, phone number, mobile phone number, email address, tax payer identification, social security number, and credit card or other payment account information (including billing address, phone number, credit card, bank account information) (collectively “Personal Information”). Besides the Personal Information, we may also collect other non-personally identifiable information relative to your use of the Site as discussed below. Certain services offered through the Site may require different types and forms of Personal Information, including delivery address and contact information for recipients of orders. You can opt out of providing Personal Information by not entering it or not using the Site, although not providing Personal Information may hinder your ability to use the Site and/or services offered therefrom. To become a Achtago member you are required to provide certain information at registration, including but not limited to, a valid email address. At Achtago’s sole discretion, we may offer you the option of registering an account with us by logging in with an account you have established with certain third party sites (e.g. Facebook.com and Google.com) (hereafter, the “Outside Account”). If we make such an option available to you, by logging in via your Outside Account, you are granting Achtago the right to access, utilize and store (if applicable) information (including Personal Information) tied to your Outside Account in connection with your use of the Site. Depending on the Outside Accounts you choose and subject to the privacy settings that you have set in such Outside Accounts and on your account with Achtago, the information you make accessible via your Outside Accounts (including Personal Information) will be available to Achtago and on and through your Achtago account. We reserve the right to publicly display your username, Achtago ID or alias that is connected to your Achtago profile on the Site. Your profile may also display the date you joined the Site, feedback, ratings, profile information, items listed for sale, shop pages, sold item listings, and comments in community spaces. Achtago automatically receives and records some information from your browser when you visit the site, such as your IP address, cookies and data about which pages you visit on the site through the use of log files provided by our third-party tracking-utility partners. This information helps us analyze and understand how the site works for members and visitors. Achtago uses the information described in this policy to provide and improve our services and products, for billing, for identification and authentication purposes, to contact members or interested parties, and for general research and aggregate reporting. For Personal Information that is subject to General Data Protective Regulation 2016/679 (“GDPR”), we rely on several legal bases to process your data, which include (i) when you have given consent, which you may withdraw at any time by emailing us at support@achtago.com; (ii) when data processing is necessary to perform a contract with you, such as the Terms of Use at www.Achtago.com/tou, and (iii) our legitimate business interests, such as improving and personalizing the services or Site, marketing new features or products that may be of interest to you, and promoting safety and security of the Site and the Users.


Information Sharing & Disclosure

Achtago generally limits access to your Personal Information to employees who we believe reasonably need to come into contact with that information to provide products or services to you or in order to do their jobs. As part of the buying and selling process, Achtago will share information between the two members involved in the transaction. In connection with such a transaction, the Buyer’s name, company name, email address, delivery addresses, and/or other information necessary to consummate the transaction will be provided to the Seller. Similarly, the Seller’s company name, e-mail and mailing address, and other information necessary to consummate the transaction will be provided. As described in Achtago’s Terms of Use, Achtago does not grant either party any license to use the information for any other purposes, including unsolicited commercial messages. Without express consent from that person, you may not add any Achtago member to your email or physical mailing list. Achtago may release your personal information to a third-party in order comply with a subpoena or other similar legal procedure, or when we believe in good faith that such disclosure is necessary to comply with the law, prevent imminent physical harm or financial loss, or investigate or take action regarding illegal activities, suspected fraud, or violations of Achtago’s Terms of Use. We may disclose personally identifiable information to parties in compliance with our legal obligations, as we inour sole discretion believe necessary or appropriate in connection with an investigation of fraud, intellectual property infringement, piracy, or other unlawful activity. In such events, Achtago may disclose user or company name, address, phone number, and/or email address as determined by us in our sole and exclusive discretion. Achtago may employ third party service providers to perform tasks on our behalf, and we need to share your information with them to provide products and services to you. Examples include but are not limited to processing payments, handling billing disputes and collections, analyzing data, shipping goods, and providing customer service. Achtago may (but is not obligated to) also partner with third party service providers for fraud prevention and/or identity verification. Your information will be treated as private and confidential by such third party service providers and not used for any other purpose than we authorize. In the event that Achtago is involved in a bankruptcy, merger, acquisition, reorganization or sale of assets, Achtago reserves the right to sell or transfer user information (including Personal Information) as part of any such transaction. If we are involved in a merger, acquisition, or sale of assets, we will continue to take measures to protect the confidentiality of personal information and give users notice before transferring any personal information to a new entity. To the maximum extent allowable by law, the Privacy Policy will apply to the user information as transferred to the successor entity. This Privacy Policy does not apply to the practices of third parties that Achtago does not own or control, or individuals that Achtago does not employ or manage. If you provide your information to others on Achtago or throughout the Internet, different rules may apply to the use or disclosure of the information you provide to them. Achtago does not control the privacy policies of third parties, and you are subject to the privacy policies of those third parties where applicable. Achtago is not responsible for the privacy or security practices of other websites on the Internet, even those linked to or from the Site. We encourage you to ask questions before you disclose your personal information to others.


3. Cookies

Use of Cookies

We use cookies to collect information about your activities when accessing and using the Platform over time and across different websites following your use of the Platform. They allow us to recognise and count the number of authorized representatives and to see how they move around the Platform when they are using it. This helps us to improve the services we provide to you and the way the Platform works. You can find more information about cookies and how to manage them at http://www.allaboutcookies.org/. We use Google Analytics and Google Tag Manager, which is a web analytics tool that helps us understand how users engage with and use the Platform. Like many services, Google Analytics and Google Tag Manager uses first-party cookies and e.g. Google Analytics User ID to track user interactions, as in our case, where they are used to collect information about how users use the Platform. This information is used to compile reports and to help us improve the Platform. The reports disclose website trends without identifying individual visitors. You can opt out of Google Analytics without affecting how you visit the Platform – for more information on opting out of being tracked by Google Analytics across all websites you use, visit this Google page: https://tools.google.com/dlpage/gaoptout.


Cookies & Tracking Technologies

Achtago uses a variety of technologies to help us better understand how people use the Site. A cookie is a small data file sent from a web site to your browser that is stored on your computer's hard drive. Achtago uses our own cookies for a number of purposes, including to access your information when you sign in; keep track of preferences you specify; display the most appropriate content based on your interests and activity on Achtago; estimate and report Achtago's total audience size and traffic; conduct research to improve our content and services. You can configure your browser's settings to reflect your preference to accept or reject cookies. If you reject all cookies, you may not be able to take full advantage of services offered by the Site. We use Flash cookies (a.k.a local shared objects or LSOs) to store some of your viewing preferences on our site. Flash cookies are used to collect and store information, but differ from browser cookies in theamount, type and manner in which data is stored. Achtago does not tie the information gathered by Flash cookies to your personally identifiable information. Achtago may partner with third-party services who may use various tracking technologies, such as browser cookies or Flash cookies, to provide certain services or features. These technologies allow a partner to recognize your computer each time you visit Achtago, but do not allow access to personally identifiable information from Achtago. Achtago does not have access or control over these third-party technologies, and they are not covered by our privacy statement. Achtago is not presently configured to respond to DNT or “do not track” signals from web browsers.


4. Personal Data

How and with whom do we share your personal data?

We do not sell, rent or lease your personal information to others except as described in this privacy notice. We share your information with selected recipients. These categories of recipients include: • cloud storage provides located in the European Union, to store the personal data you provide and for disaster recovery services, as well as for the performance of any contract we enter into with you; • IT services providers that provide us with hosting or SaaS (software as a service) services who we use to store our customer relationship management information, etc.; and • analytics providers located in the European Union that assist us in the improvement and optimisation oft he Platform; and We will share your information with law enforcement agencies, public authorities or other organisations if legally required to do so, or if we have a good faith belief that such use is reasonably necessary to: • comply with a legal obligation, process or request; • enforce our terms and conditions and other agreements, including investigation of any potential violation thereof; • detect, prevent or otherwise address security, fraud or technical issues; or • protect the rights, property or safety of us, our users, a third party or the public as required or permitted by law (exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction). We will also disclose your information to third parties: • in the event that we sell any business or assets, in which case we will disclose your data to the prospective buyer of such business or assets; or • if we or substantially all of our assets are acquired by a third party, in which case information held by us about our users will be one of the transferred assets. Third party tools/services we use for the parts mentioned above are listed here. More information about their data privacy policy can be found by following the respective links: • Intercom (https://www.intercom.com/de/legal/privacy) • Vimeo (https://vimeo.com/privacy) • Hotjar (https://www.hotjar.com/legal/policies/privacy) • LinkedIn (https://www.linkedin.com/legal/privacy-policy) • Bing (https://privacy.microsoft.com/de-de/privacystatement) • Google (https://www.google.com/intl/de/analytics/learn/privacy.html) • Leadfeeder (https://www.leadfeeder.com/privacy/) This website uses the Google AdWords re-marketing service to advertise on third party websites (including Google) to previous visitors to our site. It could mean that we advertise to previous visitors who haven’t completed a task on our site, for example using the contact form to make an enquiry. This could be in the form of an advertisement on the Google search results page, or a site in the Google Display Network. Third-party vendors, including Google, use cookies to serve ads based on someone’s past visits www.Achtago.com. Of course, any data collected will be used in accordance with our own privacy policy and Google’s privacy policy. The data transferred from supplier and buyer to TALKE are Names, Adresses and Email addresses. This service is optional and only activated when the button “Request Shipment” in the corresponding form is clicked.


Where do we store your personal data?

The information that we collect from you will be transferred to, and stored at/processed in the European Union. We will take all steps reasonably necessary to ensure that your personal data is treated securely and in accordance with this privacy notice.


How long do we store your personal data?

The transmission of information via the internet or email is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your information transmitted through the Platform or via email; any transmission is at your own risk. Once we have received your information, we will take appropriate technical and organisational measures to safeguard your personal data against loss, theft and unauthorised use, access or modification. The Platform may include links to websites of other users of the Platform or third parties. If you follow a link to any of these websites, these websites will have their own privacy policies and we do not accept any responsibility or liability for these policies. Please check these policies before you submit any information to those websites. The security of your personal information is important to us. Your Achtago account information is protected by a password. It is important that you protect against unauthorized access of your account and information by choosing your password carefully, and keeping your password and computer secure by signing out after using our services. Each password owner is responsible for keeping the password confidential and safe, as Achtago has no control or responsibility for this type of user information. If the password may have been stolen or might otherwise be misused, it is the responsibility of the password owner to notify Achtago immediately for further action. Achtago utilizes secure socket layer technology (SSL) for encryption purposes. Achtago does not store credit card information. We follow generally accepted industry standards to protect the Personal Information submitted to us, both during transmission and once Achtago receives it. No method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security. Your data may be lost during transmission or may be accessed by unauthorized parties. We do not accept any liability for direct or indirect losses as regards the security of your Personal Information or data during its transfer over the internet.


5. Security

How and with whom do we share your personal data?

6. Your rights

You have the right to request access to the personal data we hold about you and be provided with certain information about how and for which purposes we use your personal data and who we share it with. You also have the right to ask us to correct your personal data where it is inaccurate or incomplete. In certain circumstances, you have the right to ask us to delete the personal data we hold about you: • where you believe that it is no longer necessary for us to hold your personal data [(for example, if you no longer act as authorized representative of you company)]; • where we are processing your personal data on the basis of legitimate interests and you object to such processing and we cannot demonstrate an overriding legitimate ground for the processing; • where you have provided your personal data to us with your consent and you wish to withdraw your consent and there is no other ground under which we can process your personal data; or • where you believe the personal data we hold about you is being unlawfully processed by us. In certain circumstances, you have the right to ask us to restrict (stop any active) processing of your personal data: • where you believe the personal data we hold about you is inaccurate during the time we verify accuracy; • where the processing of your personal data is unlawful but you do not want us to delete it, but instead want to restrict the processing; • where we no longer need your personal data fort he purposes of our processing but you require us to retain the data for the establishment, exercise or defense of legal claims; or • where you have objected to us processing your personal data based on our legitimate interests during the time we are considering your objection. You have the right to ask us for a copy of the data concerning you in a structured, machine-readable format and to ask us to share (port) this data to another data controller. You can object to our processing of your personal data to the extent it is based on our legitimate interests. In such case we will no longer process your personal data unless we can demonstrate over riding compelling legitimate grounds for the processing. To exercise any of these rights above, please contact Us at support@achtago.com. In addition, you have the right to complain to the Information Commissioner’s Office or other applicable data protection supervisory authority. Please note that these rights are limited, for example, where fulfilling your request would adversely affect other individuals or Company trade secrets or intellectual property, where there are overriding public interest reasons or where we are required by law to retain your personal data.


Withdrawal of Consent

Where you have provided your consent for us to process your personal data, you can withdraw your consent at any time by contacting our data privacy officer. The withdrawal of consent does not affect the lawfulness of the processing of your personal data based on consent before the withdrawal.


7. Marketing

Objection to Marketing

For this purpose, Achtago GmbH will processes your personal data as described in the data protection notice. If you receive a commercial email from us, you may unsubscribe at any time and will not receive any further product information once the revocation is received. Once unsubscribed from our marketing campaigns, Achtago GmbH will delete any non-required personal data within 4 weeks. At any time you have the right to object to our processing of data about you in order to send you promotions, newsletters, emails and special offers, including where we build profiles for such purposes, and we will stop processing the data for that purpose.


Messages from Achtago

On occasion, Achtago will send you messages if you have submitted either your e-mail address or a physical mailing address to the Site. The default, required form of communication is email. In some situations, Achtago may send you physical mail. Some messages from Achtago are service-related and required for members. Examples of service- related messages include, but are not limited to: a welcome/confirmation email when you register your account, notification of an order, or correspondence with Achtago’s support team. These messages are not promotional in nature. You may not opt-out of receiving service-related messages from Achtago, unless you close your account. As a member, Achtago may also send you messages related to certain features on the Site or your activity. Achtago may also send you news or updates about changes to our Site or services. By default, members will receive these messages via email. You may elect to opt-out of receiving these Achtago emails at any time after registering by e-mailing us at support@achtago.com, by writing to us at the address contained herein, or by hitting the “unsubscribe” button at the bottom of any of our e-mails. Achtago may also offer optional email newsletters. You must opt-in or subscribe to begin receiving newsletters, and subscription is available to both members and non-members. Members may subscribe or unsubscribe from optional newsletters under your account settings or by following the instructions contained in the newsletter emails. Non-members may subscribe by providing an email address, which will only be used by Achtago for these newsletters. Non-members may unsubscribe from newsletters by following the instructions contained in the newsletter emails.


Choice & Control

We know members of our community value having control over their own information, and therefore Achtago gives you the choice of providing, editing or removing certain information, as well as choice over how we contact you. You may change or correct your Achtago account information (except your username) at any time. You may remove certain optional information you no longer wish to be publicly visible, such as your full name. For various reasons, Achtago may contact you about our services or your activity. Some of these messages are required, service-related messages for members and applicable Users. If you no longer wish to use Achtago’s services or receive service-related messages, then you must close your account. If you have any questions about how to exercise these choices, please e-mail us at support@achtago.com.


International Users

The Site is exclusively hosted in the United States. If you are user accessing the Site from the European Union, Australia, Asia, Africa or any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from United States laws, please note that you are transferring your personal data to the United States which does not have the same data protection laws as such other regions. User information (including Personal Information or “personal data” as defined by foreign laws)collected through the Site may be stored and processed in the United States, and by using the Site, you consent to any such transfer of information outside of your home country.


Legal Disclaimer

The Site operates "AS-IS" and "AS-AVAILABLE," without warranties of any other kind. We are not responsible for events beyond our direct control. This Privacy Policy is governed by the laws of the State of Delaware, excluding conflicts of law principles. Any legal actions against Achtago arising out of or related to the Site or any services offered thereon must be commenced in the State of Delaware in the United States of America, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, LLC. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Comprehensive Arbitration Rules and Procedures of JAMS. The prevailing party in any arbitration or other proceeding arising under this Agreement shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys' fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction only for injunctive or other equitable relief pending a final decision by the arbitrator. Any arbitration under this Agreement will take place on an individual basis — class arbitrations and class actions are not permitted. You understand that by agreeing to this Agreement, you and Achtago are each waiving the right to trial by jury or to participate in a class action or class arbitration.


Complaints

In the event that you wish to make a complaint about how we process your personal data, please contact us in the first instance at support@achtago.com. This is without prejudice to your right to launch a claim with the data protection supervisory authority in the EU country in which you live or work or where you think we have infringed data protection laws.


Minors

Achtago does not seek any Personal Information (or any information at all) from any persons under 16 years old. If you are under 16 years old, you may not use the Site.


9. Contact

If you have questions or suggestions you can contact Achtago’s support team by sending an email to support@achtago.com, or writing to: Skillsuper Ltd. Legal Department 27 Old Gloucester Street, London, WC1N 3AX, United Kingdom.

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