ToolsGroup, Inc. (“ToolsGroup”) operates this website (“Site”) to provide online access to information about ToolsGroup and the products, services, and opportunities we provide (the “Service”). This Site refers to any websites that are under the toolsgroup.com domain including our blog and recourse centers. By accessing and using this Site, you agree to each of the terms and conditions set forth herein (”Terms of Use”). Additional terms and conditions applicable to specific areas of this Site or to particular content or transactions may also be posted in particular areas of the Site and, together with these Terms of Use, govern your use of those areas, content or transactions. These Terms of Use, together with applicable additional terms and conditions, are referred to as this “Agreement”.

ToolsGroup reserves the right to modify this Agreement at any time. If ToolsGroup changes this Agreement, we will inform you a summary of key changes via emails. ToolsGroup will at all times publish the up-to-date version on its website. Your use of the Site following any such modification constitutes your agreement to follow and be bound by the Agreement as modified.

 

Contents

  1. DEFINITION
  2. USE OF SITE
  3. COPYRIGHT
  4. TRADEMARKS
  5. LINKS TO THIRD-PARTY WEB SITES
  6. DOWNLOADING FILES
  7. DISCLAIMER OF WARRANTIES
  8. LIMITATION OF LIABILITY
  9. INDEMNIFICATION
  10. PRIVACY
  11. LAWFUL BASIS FOR OUR DATA PROCESSING?
  12. PURPOSES AND INFORMATION COLLECTED
  13. USE OF INFORMATION
  14. HOW LONG DOES TOOLSGROUP RETAIN YOUR DATA?
  15. COMMUNICATION PREFERENCES, YOUR RIGHTS
  16. PROTECTION OF YOUR PERSONAL DATA
  17. USER CONDUCT
  18. GENERAL PROVISIONS


1. DEFINITION

ToolsGroup represents the following offices:

TOOLSGROUP COLOMBIA S.A.S.
AUTOPISTA NORTE # 97-50 Of. 1007
110221 – BOGOTÁ
T +57 315 328 3002

TOOLSGROUP DACH
FÜNF HÖFE, 8TH FLOOR, THEATINERSTR. 11
80333 MUNICH
GERMANY
T +49 89 71042 2343
F +49 89 74042 2000
DACH-INFO@TOOLSGROUP.COM

TOOLSGROUP ITALY
VIA SAN VITTORE, 34
20123 MILANO
ITALY
T +39 02 87064250
F +39 02 48022811
IT-INFO@TOOLSGROUP.COM

TOOLSGROUP NETHERLANDS / TOOLSGROUP CHANNEL
TELEPORTBOULEVEARD 110
1043 EJ AMSTERDAM, THE NETHERLANDS
T +31 85 2100107
NL-INFO@TOOLSGROUP.COM

TOOLSGROUP NORTH AMERICA
TOOLSGROUP NORTH AMERICA HEADQUARTERS
75 FEDERAL ST, SUITE 920, BOSTON, MA 02110 – USA
T +1 617 263 0080 F +1 617 263 0450
US-INFO@TOOLSGROUP.COM

TOOLSGROUP SPAIN
C/TARRAGONA, 149-157, 1? PLANTA
08014 BARCELONA – SPAIN
T +34 93 4125768
F +34 93 4125864
ES-INFO@TOOLSGROUP.COM

Official Distributors of ToolsGroup (“Distributors”) are the offices listed under ToolsGroup Contact Us page that are not listed under the above-mentioned definition of ToolsGroup. We do not include a list of all distributors who might be the recipients of personal data but point you to our Contact Us page instead because we are a global company and the resellers can be changed. We therefore believe that pointing you to a list of categories of recipients is more transparent and reader friendly than including a list or all recipients here.

 

2. USE OF SITE

You may use the Service, the Site, and the information, writings, images and/or other works that you see, hear or otherwise experience on the Site (singly or collectively, the “Content”) solely for your non-commercial, personal purposes and/or to learn about the Services. No right, title or interest in any Content is transferred to you, whether as a result of downloading such Content or otherwise. ToolsGroup reserves complete title and full intellectual property rights in all Content. Except as expressly authorized by this Agreement, you may not use, alter, copy, distribute, transmit, or derive another work from any Content obtained from the Site or the Service, except as expressly permitted by the Terms of Use.

 

3. COPYRIGHT

The Site and the Content are protected by U.S. and/or foreign copyright laws, and belong to ToolsGroup or its distributors, partners, affiliates, contributors or third parties. You may download and reprint Content for non-commercial, non-public, personal use only. If you are browsing this Site as an employee or member of any business or organization, you may download and reprint Content only for educational or other non-commercial purposes within your business or organization, except as otherwise permitted by ToolsGroup.

 

4. TRADEMARKS

You are prohibited from using any of the marks or logos appearing throughout the Site without permission from the trademark owner, except as permitted by applicable law.

 

5. LINKS TO THIRD-PARTY WEB SITES

Links on the Site to third party web sites or information are provided solely as a convenience to you. If you use these links, you will leave the Site. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by ToolsGroup of the third party, the third-party web site, or the information contained therein. ToolsGroup is not responsible for the availability of any such web sites. ToolsGroup is not responsible or liable for any such web site or the content thereon. If you use the links to the web sites of ToolsGroup affiliates or service providers, you will leave the Site, and will be subject to the terms of use and privacy policy applicable to those web sites.

 

6. DOWNLOADING FILES

ToolsGroup cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection by software viruses or other harmful computer code, files or programs.

 

7. DISCLAIMER OF WARRANTIES

ToolsGroup makes no express or implied warranties, representations or endorsements whatsoever with respect to the Site, the Service or the Content. ToolsGroup expressly disclaims all warranties of any kind, express, implied, statutory or otherwise, with regard to the Site, the Service, the Content, and any product or service furnished or to be furnished via the site. ToolsGroup does not warrant that the functions performed by the Site or the Service will be uninterrupted, timely, secure or error-free, or that defects in the Site or the Service will be corrected. ToolsGroup does not warrant the accuracy or completeness of the Content, or that any errors in the content will be corrected. The Site, the Service and the Content are provided on an “as is” and “as available” basis.

 

8. LIMITATION OF LIABILITY

In no event will ToolsGroup be liable for any damages whatsoever, including, but not limited to any direct, incidental, consequential, special, exemplary or other indirect damages arising out of (i) the use of or inability to use the Site, the Service, or the Content, (ii) any transaction conducted through or facilitated by the Site; (iii) any claim attributable to errors, omissions, or other inaccuracies in the Site, the Service and/or the Content, (iv) unauthorized access to or alteration of your transmissions or data, or (v) any other matter relating to the Site, the Service, or the Content, even if ToolsGroup has been advised of the possibility of such damages. If you are dissatisfied with the Site, the Service, the Content, or with the terms of use, your sole and exclusive remedy is to discontinue using the site.

Because some areas do not allow the exclusion or limitation of liability for consequential or incidental damages, some of the above limitations may not apply to you. In such areas, ToolsGroup’s liability is limited and warranties are excluded to the greatest extent permitted by law, but shall, in no event, exceed $100.00.

 

9. INDEMNIFICATION

You understand and agree that you are personally responsible for your behavior on the Site. You agree to indemnify, defend and hold harmless ToolsGroup, its parent companies, subsidiaries, affiliated companies, business partners, licensors, employees, agents, and any third-party information providers to the Service from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, or inability to use the Site, the Service, or the Content, or any violation by you of this Agreement.

 

10. PRIVACY

ToolsGroup is very respectful about the privacy concerns of the visitors to its sites on the Internet. E-mail addresses and other personally identifiable data about visitors to this Site are known to ToolsGroup only when voluntarily submitted by the users. The data might be shared with our Distributors in order to provide relevant regional information for the Services.

ToolsGroup will only use personally identifiable data provided at this Site for the purpose(s) described at the time it is collected (for example, the e-mail addresses visitors provide in order to join a mailing list will only be used for the purpose of emailing lists). Any other third party sites linked to from this Site, may each have different privacy policies and practices. The data controller for the Site is ToolsGroup, Inc. Our representative for data protection matters in the European Union is handled by ToolsGroup Netherlands and in the non-EU regions is handled by ToolsGroup North America. You can reach the data protection officer in your region by contacting the offices listed in the “Definition” section.

You will find a list of our Distributors that work on ToolsGroup’s behalf for the delivery of the Services on Contact Us page as mentioned in the Definition section in this Agreement.

 

11. LAWFUL BASIS FOR OUR DATA PROCESSING

The lawful basis for ToolsGroup’s processing will depend on the purposes of the processing. For most personal data collected via this Site, the lawful basis is that such processing is necessary for the purposes of the legitimate business interests of ToolsGroup, such as the promotion of ToolGroup and the Services, improvement of your experience when visiting ToolsGroup’s Site or interacting with ToolsGroup. ToolsGroup has balanced these interests against your interests and fundamental rights and freedoms, and has concluded that given the general on non-sensitive nature of the data we process and the safeguards we have put in place. Your interests and fundamental rights and freedoms do not override our interests. Where ToolsGroup processes personal data in relation to a contract, or a potential contract, with you, the lawful basis is that the processing necessary for the performance of our contract with you or to take steps at your request prior to entering into a contract. If ToolsGroup shares personal data with law enforcement agencies or other governmental bodies, ToolsGroup does so on the basis that it is under a legal obligation to do so.

 

12. PURPOSES AND INFORMATION COLLECTED

When you request additional information or register on the Sites, the Company will ask you to provide basic contact information and some general business information.

When you purchase Services, the Company will ask you to provide billing information.

When you register for or attend corporate events, the Company will ask you to provide basic contact information and some general business information.

We also collect data (being device type, browser type, IP address, Operating Systems) by logging how you interact with our Services, for example by using cookies on this Site. We also receive data from third parties such as parties organizing trade shows or conferences.

 

13. USE OF INFORMATION

ToolsGroup uses information collected to provide you with the Services you request.

ToolsGroup may use information collected to provide you with additional information about the Company’s Services, partners, promotions, events and industry trends.

ToolsGroup may use information collected to improve the Company’s Sites and Services.

ToolsGroup does not share, sell, rent, or trade personally identifiable information with third parties for their promotional purposes. ToolsGroup may share information collected with Distributors that work on ToolsGroup’s behalf for the delivery of the Services.

 

14. HOW LONG DOES TOOLSGROUP RETAIN YOUR DATA?

ToolsGroup will keep your information for as long as it is reasonably necessary. The retention period may differ per purpose. It will depend on factors such as whether you have any outstanding purchases or an account with ToolsGroup or have interacted with recent offers. ToolsGroup will also routinely refresh the information to ensure we keep it up-to-date. ToolsGroup will retain the data until you stay inactive on our website and have no business interactions or outstanding transactions with ToolsGroup for longer than 2 years.

 

15. COMMUNICATION PREFERENCES, YOUR RIGHTS

Every marketing email from ToolsGroup contains instructions on how to opt out of receiving further marketing emails from the Company. If ToolsGroup processes your personal data for direct marketing purposes, you have the right to object to this.

You may manage your receipt of marketing and non-transactional communications by clicking on the “unsubscribe” link located on the bottom of the Company’s marketing emails. If you exercise this right, ToolsGroup will stop processing your data for direct marketing purposes.

If you provide ToolsGroup with contact information, you may manage how the Company uses your information by clicking on the “preferences” link located on the bottom of the Company’s marketing emails and give you access to the data.

In general, you may update, supplement or change your information by editing your user or organization record. To change, supplement or delete your information, please send your updated information to us-scp@toolsgroup.com.

Some information is processed because you have given your consent to that, which can be withdrawn by sending an email to us-scp@toolsgroup.com.

You have the right to object to the processing by ToolsGroup of your personal data. However, you only have this right where ToolsGroup processes your personal on the basis that this is necessary for the legitimate interests of ToolsGroup.

You may request ToolsGroup to restrict the processing of your personal data. If following your request ToolsGroup restricts the processing, ToolsGroup will – in addition to storage – only process your data with your consent, to establish, exercise, or defend a legal claim, to protect the rights of another natural or legal person, or for reasons of important public interest.

The right to erasure is also called the “right to be forgotten”. You may ask ToolsGroup to delete you data. This right not absolute. ToolsGroup is only obliged to delete your data under certain conditions.

You may request ToolsGroup to receive the personal data that concern you. You may also request ToolsGroup to send this personal data to a third party, where feasible. You only have this right if it regards personal data you have provided to ToolsGroup, the processing is based on consent or necessary for the performance of a contract between you and ToolsGroup.

ToolsGroup will respond to your request within one month, but has the right to extend this period with two months. If ToolsGroup extends the response period, ToolsGroup will let you know within one month from your request.

ToolsGroup will always use its best efforts to address and settle any requests or complaints brought to its attention. In addition, there is always the possibility to approach the competent data protection authority with requests or complaints. This can be the supervisory authority in the jurisdiction where you live or another competent supervisory authority. The overall competent supervisory for ToolsGroup in Europe is:

Autoriteit Persoonsgegevens

Postbus 93374

2509 AJ DEN HAAG

0900-2001 201

www.autoriteitpersoonsgegevens.nl

 

16. PROTECTION OF YOUR PERSONAL DATA

ToolsGroup is committed to keeping your personal information safe. We have got physical, technical and administrative measures in place to prevent unauthorized access or use of your information. Access to your personal data is limited to persons who necessarily have access to this. The Site is secured by means of an SSL certificate (HTTPS).

The personal contact information is stored in the third-party cloud based platforms provided by HubSpot and Salesforce. You can find the service providers’ system security measures in the webpages below:

 

17. USER CONDUCT

You agree to use the Site only for lawful purposes. You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site or the Content. You agree not to add to, subtract from, or otherwise modify the Content, or to attempt to access any Content that is not intended for you. You agree not to use the Site in any manner that might interfere with the rights of third parties.

 

18. GENERAL PROVISIONS

  1. Entire Agreement/No Waiver. These Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by ToolsGroup of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
  2. Correction of Errors and Inaccuracies. The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. ToolsGroup therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. ToolsGroup does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.
  3. Enforcement/ Choice of Law/ Choice of Forum. If any part of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of this Agreement, all of which will remain in full force and effect. Any and all disputes relating to this Agreement, your use of the Site, any other ToolsGroup web site, the Service, or the Content are governed by, and will be interpreted in accordance with, the laws of the State of Massachusetts, without regard to any conflict of law’s provisions.