Definitions

For the purpose of this General Terms of Use (hereinafter the “GTU”), any term starting with a capital letter will have the meaning as set forth below:

Genaral Terms of Use (GTU)

"GTU” shall mean the terms of use as described and listed in this agreement, the Privacy Policy (section [Annex1]), the Trade Mark Policy (section [Annex2]), the Cookie Policy (section [Annex3]) and each amendment in writing to this agreement.

Contract

For Non Commercial Use “Contract” shall mean the agreement on the supply of (a) Service(s), consisting of the GTU.
For Commercial Use “Contract” shall mean the agreement on the supply of (a) Service(s), consisting of GTU and all Additional Agreements concluded with Interkim. If conflicting plans arise between the GTU and the Additional Agreements, the terms and descriptions of the Additional Agreements shall prevail.

Personal Data

“Data” shall mean the User’s personal information as is filled in by the User whilst completing an Application Form and utilization information concerning the Edge Devices linked to the User Account.

Additional Agreements

"Additional Agreements” shall mean all the agreements, such as but not limited to, the PaaS agreement, the SaaS agreement, the non copy agreement and the escrow agreement, the service level agreement, concluded between Interkim and a Utiliser.

Malfunction

“Malfunction” shall mean any interruption of more than 2 minutes in the operation of BlueCherry.io or of one or more Services offered through BlueCherry and is not caused by an interruption in the operation of the Internet, the power grid or the local network that used by the User to reach BlueCherry.io to the exclusion of any malfunction of the Edge Devices.

User

“User” shall mean each person, including software experts and developers, groups or companies, whether or not VAT taxable, who personally or as a legal entity, be it through payment of a monthly fee, be it through the use of a voucher or through shared access, can use all or a limited number of functionalities and remote controls linked to a BlueCherry.io account but who does so for his own personal or own company or own organizational purposes and does not further market these functionalities and remote controls, either against payment or by way of tying or any other direct or indirect consideration.

Commercial User

“Commercial User” shall mean each VAT taxable person, including software experts and developers, group or companies, who personally or as a legal entity market the services of BlueCherry, either directly or indirectly according to its own insights and objectives or even under its own brand name and concludes the necessary Additional Agreements with Interkim for this.

Utilisers

“Utilisers” shall mean Users, Commercial Users and together.

Application Form

“Application Form” shall mean the digital form that a User has to fill out completely and correctly creating an account, requesting Support or when placing an order.

BlueCherry.io

“BlueCherry.io” shall mean the BlueCherry.io IoT (Internet of Thins) platform, its website www.blueChery.io and all Interkim websites and applications that are added to BlueCherry.io, as well as all personalized BlueCherry web pages, their Content, forums, wikis, blogs, or Services provided on or via BlueCherry.io .

Edge Device

“Edge Device” shall mean any appliance or operating system, whether or not incorporated into a larger unit or network, whether or not equipped with a digital interface that can be connected to the internet via BlueCherry.io .

Force Majeure

“Force Majeure” shall mean events like, storms, floods, earthquakes, epidemics, insurrections, wars, attacks, prohibition or restriction imposed by the government or a competent administrative authority to supply the Services, failure to obtain or maintain the required permits or licences and suspension or the termination of the supply of the required third party services to Interkim or the Utiliser.

Change Of Control

“Change Of Control” shall mean the actual situation that arises in case the Utiliser, being a legal person, is no longer controlled directly or indirectly by the company or the natural persons that controlled it upon signature of the Contract within the meaning of articles 5 through 9 of the Companies Code (‘Wetboek van Vennootschappen’), and where Interkim suspects that, as a result, the Utiliser will no longer be able to comply with the terms of this Contract.

Access Device

“Access Device” shall mean any appliance used to activate or deactivate an Edge Device, or that is used to control such Edge Device or to read out its available data via BlueCherry.io using the internet or any other available network.

Service or Services

“Services” shall mean each service that Interkim supplies to the Utiliser via BlueCherry.io with the aim of: providing and making available a smooth, secure, stable connection between Edge Devices and Access devices or between Edge Devices themselves (M2M services) and to provide communications capabilities to allow Edge Devices to send messages and finally provide Users with a User Account to manage and set up all services.

Escalation

“Escalation” shall mean the procedure whereby persons with comparable competences can consult each other to solve problems or answer questions that were not or insufficiently solvable or answerable at a lower hierarchical level.

User Title

“User Title” shall mean the title that determines the User Level of the BlueCherry User Account to which a User can have access.

AdditionalL Legal Terms

“Additional Legal Terms” shall mean disclaimers, legal notices, click-through agreements, and/or other legal terms a User has to agree to as a condition for the use of certain specific services outside the scope of the Services.

Applicable Legal Terms

“Applicable Legal Terms” shall mean the GTU and the Additional Legal Terms together.

Account Status

“Account Status” shall mean the overview of the User’s account displaying the number of connected Edge Devices, the selected means of communication and possible destinations, the granted access rights and all personal data.

Confidential Information

“Confidential Information” shall mean all trade secrets and other information which Interkim or third parties protect against unrestricted disclosure to others, which is either labeled confidential, accessed through a restricted area of BlueCherry.io, pursuant to software downloads, or reasonably identifiable as confidential based on the type of information and the manner of its disclosure.

Reasonable Steps

“ Reasonable Steps” shall mean those steps the User takes to protect its own similar confidential information, which shall not be less than reasonable standard.

Content

“Content” shall mean any article, information, data, code, text, documentation, graphics, image, marketing material, video, photograph, message, or posting to any forum, wiki, or blog on BlueCherry.io, whether publicly posted or privately transmitted.

User Account

“User Account” shall mean the BlueCherry web page that is assigned to a User after he has registered by filling in an Application Form and through which that User can access, manage and set up the Services and his take notice of the Account Status.

User Level

“User Level” shall mean the indication of the layer or of the number of layers, or the indication of the Edge Device or the number of Edge Devices of the User Account a User has access to according the User Title.

Office Hours

“Office Hours” shall mean the usual office opening hours in Belgium from 9:00 h to 17:30 h CET (Central European Time) daily, except Saturdays, Sundays and holidays.

Device Interface

“Device Interface” shall mean the webpage shown on the Access Device, displaying parameter values and features specific to each Edge Device.

Intellectual Property Rights

“Intellectual Property Rights” shall mean patents of any type, design rights, utility models or other similar rights to invention, copyrights, trademarks, service marks, trade secrets, Confidential Information, and any other intangible property rights including applications for any of the foregoing, on a worldwide basis, currently existing or hereafter filed, issued, or acquired.

Interkim

"Interkim” shall mean Interkim nv, the company that operates BlueCherry.io with registered office at Westkapellestraat 396 - 44 in 8300 Knokke-Heist, West Flanders, Belgium and registered with KBO number 429557768 in the RPR of Ghent, department Bruges.

BC-Connector Software

“BC-Connector Software” shall mean any software or related documentation provided by Interkim on BlueCherry.io to be downloaded for non commercial use only, free of charge.

Network

“Network” shall mean any network which is used by an Edge Device or Access Device to operate and connect to BlueCherry.io, including but not limited to electricity networks, the Internet, and mobile networks, etc ... .

Transaction

“Transaction” shall mean any event or act undertaken to make a financial payment from one party to another, whether or not using a credit card, banking card, debit card or an electronic funds tranfer, stored value card or an account number representing a financial account whether or not subject to financial interest or orther obligations to the account holder.

Scope

Interkim, operates BlueCherry.io to provide the Services and to provide a repository where Users may obtain and share information concerning the Services, Edge Devices and other topics found on BlueCherry.io and furthermore offers BC-Connector Software that may be used freely by the Users to build Edge Devices for non-commercial purposes.
Any person, company, group or organisation is permitted to access BlueCherry.io and to use its Services and the BlyeCherry Software for, non-commercial purposes. Any other use will be the subject to a separate user agreement.

If any person accesses and/or uses BlueCherry.io on behalf of their employer or as an advisor or agent to a third party (collectively a company), such person represents and warrants that they have the authority to accept the terms of the Contract on behalf of the company and bind the company to the Applicable Legal Terms.
The user declares to have sufficient knowledge and overview of the Services that are offered via BlueCherry.io and declares that the Services meet its requirements. The User also declares to have sufficient technical knowledge to be able to use the Services in such a way that they sufficiently meet its needs

Acceptance of GTU

Unless otherwise agreed to in a separate signed agreement between the User and Interkim, the access of BlueCherry.io and the use of a Service or more Services, is subject to this Contract. Without prejudice to any other provision in this Contract, each order of a Service or access to BlueCherry.io by the User, regardless whether such order was placed before or after the date of approval of the Contract, is throughout the term of the Contract subject to the provisions of these GTU, even if same is not explicitly specified at the time BlueCherry.io is accessed or the relevant Service is ordered .
Additionally, the use of BlueCherry.io, may also be subject to the acceptance of Additional Legal Agreements, which will be posted on BlueCherry.io where applicable. This Contract and, as the case may be, Additional Legal Terms (together the “Applicable Terms”) form a legally binding agreement between the User and Interkim. Whenever there is a conflict between the terms in this Contract and the Additional Legal Terms, the latter shall prevail.

Changes and notices

Interkim reserves the right to modify, change or discontinue any or all parts of BlueCherry.io and/or Services at any time. Interkim may make changes to Service offerings, BlueCherry.io and Interkim Software at any time without providing prior notice thereof.
The most recent version of this Contract can be consulted by clicking on General Terms of Use at the bottom of each page of BlueCherry.io.

Validity period

The Contract is applicable from the date of acceptance of the Contract or the date of the submission of an Application Form, whichever comes first and will remain in full force and effect for as long as a Service is provided to the User or for as long as the User keeps a User Account.

Service period

The Services offered to Users are all payable in advance. Some services are provided for a certain period of time, others for as long as there is sufficient credit associated with the User Account for the relevant Service.
The minimum duration for time-limited Services ordered by a User, without prejudice to any other provision, is one (1) year, as from the invoice date. The duration of a Service will be specified in the Application Form, the order confirmation and the invoice. The duration period of a Service is an indivisible whole and cannot be refunded in whole or in part even if the Service has not been used.
The User is responsible for the continuity of the Services and must ensure that the necessary purchases for credits or time credit are made in good time. User accounts that have not been used for an uninterrupted period of 2 years can be considered as expired by Interkim. In such a case, Interkim will contact the User, during 1 month, once a week, via the e-mail address associated with the relevant User Account to notify the imminent deletion. Without a response from the User, the relevant User Account will be definitively deleted by Interkim one month after the last deletion notification was sent. Upon deletion of the User Account, all associated Services will be terminated, all associated order will be considered void and all credits still associated with it will be deemed to have expired. A deleted User Account cannot be reactivated and any expired credit cannot be recovered.

Interkim can, but is not obliged to proceed, to deactivation, suspension or deletion of a User Account in any of the cases listed in section [DEACTIVATION]. Such action of Interkim can stop the providing of the Services temporarily or definitly without any right of recourse or any form of compensation for the User.

Service guarantee

In fulfilling its obligations under the Contract, Interkim acts as an operator who provides public IoT (Internet of Things) connectivity and is, unless otherwise stipulated in Additional Agreements, Interkim’s obligations under this Contract are related exclusively to the Services. Interkim undertakes to fulfill its obligations on the condition that and to the extent that the Users comply with their obligations under this Contract and that the acts, errors or omissions of third parties, such as, but not limited to, energy suppliers and internet providers, whose services or infrastructure is used by Interkim or by the Utilisers, for the provision of , or access to, the Service(s), do not interfere with the proper performance of its obligations.
Interkim guarantees to do its utmost to provide the Services uninterruptedly, but does not give any guarantee whatsoever. The Utiliser acknowledges to have taken note of this and to accept it.
For applications for which the Utiliser requires more guarantees, the Utiliser must conclude a separate service level agreement with Interkim.

Maintenance

Interkim regularly carries out maintenance work on the infrastructure of BlueCherry.io, including moving servers, upgrading or testing BlueCherry.io. Interkim will, to the extent possible, notify the Utilisers of all works (planned or unplanned) that may have an impact on the Services, even if no interruption of the Services is expected.

Planned interventions

In the case of planned works Telenet Interkim endeavours to plan mantenance works with a view to limiting the impact of these works on the availability of BlueCherry.io and the Services. However, it is not always possible to draw up a schedule that protects all Utilisers from any nuisance.

In the event of impending planned maintenance works and in so far as Interkim can correctly assess all planned works, it will provide the following information:

• reference and short description of the planned intervention;

• sheduled date and time of the intervention;

• estimated duration of the execution of the works;

In the event a Utiliser has a problem with the announced works or with one or more aspects of the planned maintenance, the Utiliser can send an email to info@bluecherry.io within a period of 24 hours following the annoucement of Interkim. In doing so the Utiliser shal clearly indicate:

• (l) a name and phone number for contact;

• (ll) the motivation of the objection; and

• (lll) an alternative proposal.

Interkim is not obliged to take into account the objections received, nor to justify its decision not to take them into account.

Unplanned interventions

Unplanned works are normally only carried out in case of emergency or in exceptional circumstances. Interkim will always endeavour to minimise the impact of such unplanned interventions on the availability of BlueCherry.io and the Services but cannot guarantee that these will not cause any nuisance. Insofar as Interkim is able to do so, Interkim will endeavor to inform all Utilisers of the malfunctions in such cases. The Utilisers acknowledge and accept that such unexpected failures may occur.

Communications

addresses and purposess

Interkim will only communicate with the User with respect to the User’s use of BlueCherry.io, the Content, the Services, the BC-Connector Software and possibly in connection with BlueCherry events or Edge Devices that may be of interest to the User. In doing so Interkim will communicate with the User by e-mail.
For the purpose of this communication and for as long as the User has a User Account, the User grants Interkim the right to use the e-mail address that the User filled in on the Application form when creating his User Account.
Users can contact Interkim for questions or support by email only using the email address info@bluecherry.io . Interkim will answer any request for information or assistance within 10 working days and provide it with a reference number. If the User is of the opinion that a question or a report has been answered incompletely or incorrectly, the User can send an email to administration@bluecherry.io with the title “Escalation” + the reference number assigned by interkim. Escaltion emails without a reference number will not be processed.

Emergency procedure

Malfunction can be reported by phone on the number +32-(0)50 622 888 during the Office Hours or by email to administration@bluecherry.io with title “Malfunction Emergency". In doing so, the following reporting procedure must be followed:

• (l) The User will notify name and phone number for subsequent malfunction follow-up.

• (ll) The User will notify the email address that is being used for its identification in BlueCherry.io.

• (lll) The User will give a description of the Malfunction.

• (lV) The User will notify date and time of discovery of the Malfunction.

• (V) The User will notify the Service or the Services affected by the Malfunction.

• (Vl) The User will notify the serial number of the Edge Device possibly affected by the Malfunction;

Administration issues

Purely administrative problems or questions can be reported by e-mail to administration@bluecherry.io.

Trademark and Copyright protection

The User agrees to comply with the terms of the Interkim Trademark and Copyright policy. Those terms can be found in, section [Annex2], of this Contract or by clicking on Copyright/Trademark at the end of each page of the BlueCherry.io website.

Specific Conditions and Restrictions on Use of the Communication Services.

Nature of the communication Services

Interkim offers communication Services through BlueCherry to the best of their ability, based on the proper functioning of the networks, technology, installations and equipment used by third parties and the Utilisers. The Utiliser acknowledges and accepts that the correct and timely delivery of the messages sent by using the BlueCherry communication Services, whether by e-mail, by SMS, push notification or by telephone call, even if these messages are described or labeled as Alarms, is not guaranteed. The Utiliser is aware that Interkim neither monitors nor checks the correct and timely delivery of messages sent and acknowledges that therefore the communication Services cannot be considered nor used as an alarm reporting service with 24/7 supervision.

Regulations regarding the content of messages

BlueCherry may contain personalized web pages and/or other messaging or communication facilities designed to enable the Commercial User to communicate with its audience in general or with a particular group. The Commercial User agrees to use the communication Services only to post, transmit and receive messages and materials that are accurate and related to its particular communication Service. When using the communication Services or a customised BlueCherry web page, the CommercialUser agrees to refrain from the provisions listed below, by way of example, but not limited to:

• (I) Insulting, abusing, harassing, stealing, threatening or otherwise violating the legal rights (such as the right to privacy and publicity) of others;

• (II) Publishing, posting, uploading, distributing or disseminating any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful subject matter, name, material or information;

• (III) Uploading files that contain software or other material protected by intellectual property rights (or by rights of privacy or publicity), unless you as the User own or control the rights thereto or have received all necessary permissions.

• (IV) Uploading files that contain viruses, corrupted files or other similar software or programs that could harm the operation of another person’s computer.

• (V) Advertising or offering to sell or buy goods or services for business purposes, unless such a communication service with such messages is specifically permitted in a SaaS agreement with Interkim nv.

• (VI) Downloading any file posted by another User of a communications service that you know or should reasonably know cannot be legally distributed in such manner.

• (VII) Falsifying or removing any copyright notices, legal or other proper notices or proprietary notices or labels of the origin or source of any software or other material contained in any file being uploaded.

• (VIII) Restricting or preveningt other Users from using and enjoying the communication Services.

• (IX) Violating any code of conduct or other guidelines that may apply to a particular communications Service.

• (X) Collecting information about others, including email addresses, without their consent.

• (XI) Violating any applicable laws or regulations.

Suspension of access and communication services

Interkim has no obligation to monitor the communication Services not the Content of the personalized web pages. However, Interkim reserves the right to review materials posted to a communication Service or presented on a personalized web page and to remove any materials in its sole discretion. Interkim reserves the right to terminate the access to any or all of the communication Services and personalized web pages at any time without notice for any reason.
Interkim reserves the right, in its sole discretion, to release any information at any time as necessary to comply with any applicable law, provision, legal process, or governmental request, or to redact or refuse to install or remove any information or materials, in whole or in part.

Deactivation or suspension of Services

Interkim has the right to unilaterally, without prior notice and without right to compensation for the Utiliser, suspend the services in whole or in part, temporarily or permanently, in the following cases:

• (l) in case of evidence or suspicion of fraud,

• (ll) in case of evidence or suspicion of insolvency,

• (lll) in case of non-compliance the Contract or of any other obligations to Interkim, or in contravention of applicable regulations and / or laws,

• (lV) in case of an abnormal increase in the average use of data traffic (both, upload and download) by Edge Devices, as deemed reasonable by Interkim,

• (V) Under a court order or upon request of the judicial or police authorities,

• (Vl) in case of hacking, abusive or any other mal- use of Edge Devices,

• (Vll) in case of unlawful or unauthorised use of BlueCherry.io.

• (Vlll) in the event that Interkim is prevented from operating BlueCherry.io due to Force Majeure for whatever reason.

• (lX) in case the User Account contains Edge Devices that interfere with BlueCherry.io network, or that have not been approved by ruling standards.

• (X) in case of Change Of Control on the condition that Interkim observes a notice period of 1 month

Links and Content reponsability

BlueCherry.io may contain links to external Web sites and information provided on such external websites by BlueCherry.io partners and third-party service providers. Interkim shall not be responsible for the Content of any web site owned by a third party.
The User further acknowledges that Interkim shall not be directly or indirectly responsible or liable for any damage or loss caused or alleged to be caused by or in connection with the User’s use of or reliance on any Content, goods or services available on or through any website owned by third parties.
Any Content uploaded by a User or Commercial User is the sole responsibility of the entity providing such information.

Liability of Interkim

Interkim will use all reasonable means to provide the User access to BlueCherry.io and to deliver the Services as well as possible. Interkim will also use all reasonable means to prevent or limit damage suffered by the User.
The User acknowledges that for the provisioning of the Services, Interkim depends on the proper functioning of the Network, off which Interkim is not the owner nor the licensee. Interkim is not liable for damages resulting from failure, failures, quality defects of the Network and/or maintenance, improvement and / or extension work on the Network.
Interkim is not liable for damage caused by acts carried out by the User including but not limited to:

• (a) the inappropriate use or misuse of the Services;

• (b) the poor functioning of the Edge Device of the User or its accessories and peripherals;

• (c) the use of the Edge Device that was not approved under the applicable standards in violation of instructions provided by the manufacturor in the manuel of the Edge Device;

• (d) the unlawful use of an Edge Device by the User or any other person authorized or not authorized to use the Edge Device;

• (e) using an Edge Device without taking the necessary security measures (e.g. intrusion, viruses, ...);

• (f) the abuse of the User Account to the extent that such abuse is encouraged by the User, due to including but not limited to the voluntary or involuntary disclosure of the PIN to third authorized or non-authorized parties or idividuals, leaving the default PIN code unchanged, the use of a simple personal PIN-code (e.g. 1234, 1111 etc...) or to theft or loss of any Edge Device linked to a User Account;

• (g) errors or mistakes in the activation, expansion or settings of the User Account, of factors not attributable to imputed fault or due to the intervention, whether or not false, of third parties; damage to or loss of data.:

• (h) errors or mistakes due to the intervention, whether or not false, of third parties concerning the User Title or Account Status

• (i)

Interkim is not liable or responsible for:

• (a) the Content of the Device Interface , the SMS messages, e-mails or any other data traffic from the Edge Device sent to the User;
  

• (b) services (or the billing for such services) provided by third parties to the User delivered via or accessed through BlueCherry.io;
  

• (c) the information supplied by third parties accessible through BlueCherry.io;
  

• (d) Transactions that are completed by the User to purchase Sevrices on BlueCherry.io .

Limitation of Liability

To the extent permitted by applicable legislation, Interkim and its affiliates, subsidiaries, officers, employees, agents, partners, and licensors are not liable and cannot be obliged to pay compensation to any Utiliser, even in case of gross negligence, for any direct, indirect, incidental, special, punitive, consequential or exemplary damage, including but not limited to, damage for loss of profits, revenu, goodwill, use, data, or other intangible losses (even if Interkim has been advised of the possibility of such damage), however caused, whether in contract, unlawful act, or otherwise, arising out of, or resulting from:

• (l) the use or the inability to use BlueCherry.io, BC-Connector Software, or Services;

• (ll) the cost of procurement of substitute goods and services arising out of the Utiliser’s use, or inability to use BlueCherry.io, the BC-Connector Software, the Content, or the Services purchased on BlueCherry.io ;

• (lll) unauthorized access to or alteration of the Utiliser’s Personal Data;

• (lV) statements, messages, or conduct of any third party on the BlueCherry.io;

• (V) or any other matter relating to BlueCherry.io, the BC-Connector Software, the Content, or the Services.
  

Notwithstanding anything to the contrary herein, these limitations shall not apply in case of intent or gross negligence by Interkim and in case of Interkim’s statutory liability. In the event the liability of Interkim, with regard to BlueCherry.io, the BC-Connector Software, the Content, or the Services, it is not explicitly or implicitly excluded from the Contract, it is, in any case, always and everywhere, limited, at the free choice of the Uitiliser, to:

• a) either the reimbursement of the annual fee paid by the Utiliser for its User Account;

• b) a prolongation of the liftime of the Utiliser’s User Account by one Year.

Indemnity

The Utiliser agrees to indemnify and hold Interkim, its affiliates, subsidiaries, officers, agents, partners, employees, and licensors harmless from any claim or demand, including reasonable attorney fees, made by any third party due to or arising out of the Utiliser’s content or the Utiliser’s usage of BlueCherry.io and the Services, the Utiliser’s breach of the Contract or Interkim’s copyright or privacy statements, or the Utiliser’s alleged violation of any other rights of a third party.

Confidentiality

Information

Utilisers agree not to provide Interkim or other Utilisers with any Confidential Information which the owner of such Confidential Information does not intend to make public. Any Content that a Utiliser sends or uploads to BlueCherry.io will be deemed not to be Confidential Information, and all Utilisers expressly agrees to waive any trade secret or other confidentiality rights with respect to such Content.

Reproduction

The Utiliser agrees not to disclose and/or reproduce any Confidential Information to which the Utiliser is provided access to through BlueCherry.io except as authorized at the time of disclosure. Any reproduction of Interkim’s Confidential Information shall remain the property of Interkim.

Validity and duration of confidentiality

The User’s confidentiality obligations hereunder shall continue to apply after termination of the User’s User Account. Upon any termination of the User’s User Account, or upon Interkim’s written request, the User must cease the use of Confidential Information, and return or destroy all Confidential Information in the User’s possession or control.

All Utilisers further agree to:

• (a) take all Reasonable Steps to keep all Confidential Information strictly confidential;

• (b) to use Confidential Information solely as authorized at the time of disclosure ; and

• not to disclose any Confidential Information to any party without the prior written consent of Interkim.

The Utiliser does not acquire any rights in Confidential Information except the limited rights as described above. In no event shall the Utiliser use Confidential Information to create, enhance, modify, rent, lease, loan, sell, distribute or create derivative works based on the Services, or the Confidential Informationor to compete with Interkim or the BC-Connector Software in whole or in part.
All uploads by the Utiliser into BlueCherry.io, whether into a public- or non-public forum, shall be at the Utiliser’s own risk and Interkim takes no resposibility for the use or misuse of any such uploaded information by any other Utiliser or visitor of BlueCherry.io .

Service fee and rates

The Services available to the User and the rates applicable to these Services vary depending on the Account Status and the User Title. The rates charged by Interkim for the Services can be found on BlueCherry.io/pricinglist.
Interkim reserves the right to change, amend or abolish the accounts and rates for the use of the BlueCherry.io unilaterally. If Interkim makes such changes, they will not affect the terms and balances that are already running. The changes will only apply when a term is extended or new credits are purchased. The User accepts this change or elimination By renewing, extending or increasing subscriptions or credits or by adding Services the User undeniably agrees to all changes made.
For Commercial Users the Service fees and rates will be determined and recorded in the agreements concluded for that purpose.

Content IP

The User shall retain ownership of its Intellectual Property Rights in and to the Content provided by the User on BlueCherry.io . Nothing in this Contract shall prohibit the User from selling or licensing his/her Content to any other party under a separate agreement.
By transmitting or uploading Content to BlueCherry.io, the User grants Interkim a royalty-free, worldwide license to: use, reproduce, adapt, display, perform, modify, transmit, translate, distribute, and create derivative works of the Content; to make, have made, offer to sell, sell, lease, or otherwise distribute any Content.
Interkim will use the above mentioned license solely for the purposes of the proper functioning of BlueCherry.io and the compliance with this Contract. The User further represents and warrants to Interkim that he/she has the right, title, and/or authority to grant such license to Interkim. Interkim may choose not to post or publish the Content that the User sends or uploads. If Interkim chooses to post or publish such Content, Interkim may in its sole discretion opt to withdraw the posted or published Content for any reason and without notice.

BC-Connector Software

End user license agreement

The BC-Connector Software is the copyrighted work of Interkim and offered for use as is. Use of the BC-Connector Software is governed by a EULA (End User License Agreement) which accompanies or is included in The BC-Connector Software. The User may only use or install any BC-Connector Software after the User agrees to the terms of the EULA. The User must not remove, overprint or deface any notice of copyright, trademark, logo, legend, or other notice of ownership from any originals or copies of BC-Connector Software.

Modifications

The User must not modify, decompile, or reverse engineer any BC-Connector Software, except to the extent expressly permitted by applicable law. If, despite the prohibition on changing the BC-Connector software, changes are made to the extent that the newly created software cannot function without the original BC-Connector software being part, either in whole or in part, of the new software, then all rights to this new software shall belong in full to Interkim.

Waiver of rights

The User hereby agrees to assign to Interkim all modifications or derivative works of the BC-Connector Software made by the User in violation of the prohibition set forth above, section [Mods], and to waive irrevocably and unconditionally all of its rights in relation to these modifications or derivative works.

Accountability

In the event the User is in material breach of the GTU, Interkim may, at its sole discretion, refuse the User any use of BlueCherry.io.
Interkim may remove any Content posted on Bluecherry.io at Interkim’s sole discretion. Interkim shall not be liable to the User or any third party for any termination or change to BlueCherry.io and/or the Services.
If the Utiliser sends or uploads Content that constitutes third party Confidential Information without that third party’s permission, or, if the Utiliser transmits or uploads Content that is intended to infect, corrupt or otherwise disrupt the operation of BlueCherry.io or any other Utiliser’s computer system, Interkim may report the Utiliser to the relevant authorities to ensure the Utiliser is held accountable.
The Utiliser agrees not to use BlueCherry.io to publish, upload, post, email, transmit or otherwise make available any Content that:

• (a) the Utiliser does not have the right to make available;

• (b) is unlawful, harmful, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable;

• (c) infringes any Intellectual Property Rights of any party;

• (d) includes any unsolicited or unauthorized advertising, promotional materials, surveys, junk mail, spamming, chain letters, or any other form of solicitation, commercial or otherwise or;

• (e) contains a software virus, Trojan horse, worm, time bomb, cancel-bot, corrupted file, or any other computer file or software designed to interrupt, destroy, damage or limit the functionality of any computer hardware, software or other property;defame, harass, abuse, stalk, threaten or violate the legal rights of others such as rights of privacy and publicity ; impersonate any person or entity, including, but not limited to, an Interkim official, Interkim employee, or any other third party, or falsely state or otherwise misrepresent theUtiliser’s affiliation with a person or entity; forge email headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services ; download any file or Content posted by another Utiliser that the Utiliser knows, or reasonably should know, should not be legally reproduced, displayed, performed and/or distributed in such manner; interfere with or disrupt the services, servers, or networks which support the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the services; violate any applicable local, state, national or international law and any regulations ; harvest, collect, or store personal information or data of other Utiliser.

User richts, obligations and liabilities

Moral use and management

The Utiliser will use the Services as a normal, careful user, in accordance with the Contract and will take all measures to prevent misuse or unauthorized use of the Services. Are not considered normal use of BlueChery.io (non - exhaustive list):

• (1) use with the intention of redirecting communications, directly or indirectly, or with a view to resell the Services to third parties without prior written consent of Interkim;

• (2) use in a manner that certain features of BlueCherry.io can no longer be executed reliably or correctly;

• (3) use in a way that the identification or localization of the Edge Device is no longer possible, that BlueCherry.io is overloaded or that the proper functioning of BlueCherry.io is disrupted;

• (4)any use in a different manner or for a different purpose than that envisaged by Interkim at the start of the Service, with the possible aim of offering special services to third parties, whether or not for payment, without written approval from Interkim;

• (5) use in a way that differs significantly from the average use by a normal Utiliser of the Services in the areas of frequency, distribution among the different types of communication (i.e. telephone, voice, data transmission, SMS or connection time);
  

• (6) any other use that is contrary to the GTU.

Interkim may provide proof of the prohibited use as mentioned above using all resources, including data and statements from his own systems or those of other operators of telecommunications networks through which communication is conducted. The Utiliser will accept such information and statements as true until proven otherwise.

Prevention

The Utiliser shall take all necessary precautions to prevent misuse or unauthorized use of the Services. Any attempt to copy the technical identification of the Edge Devices and any fraudulent or illegal use of BlueCherry.io is prohibited. The User commits not to subject any Edge Device to any decompilation, analytical or reverse engineering technique, not to create derivative software and not to use BlueCherry.io in any other manner than that provided in this Contract.

Identification

The Utiliser is liable for all damages caused to Interkim or third parties arising from the use of BlueCherry through his/her User Account, regardless by whom with which Access Device, even in case of theft or loss of the Access Device. In case of loss or theft of the Access Device, the Utiliser remains liable for the use and payment of his/her User Account until such time as the Utiliser warns Interkim and asks for temporarily suspension of the Services. To reactivate the Services, the Utiliser will provide Interkim with all information and documents Interkim considers necessary for Utiliser identification. After completion of identification, the Utiliser will receive a new PIN code and the Services will be reactivated.

PIN

The Utiliser is solely responsible for the correct identification. There will be a 45 (fourty-five) EUR administration cost for manual identification and phone calls, charged to the Utiliser in addition to the BlueCherry.io account cost. In order to prevent abuse, the Utiliser is obliged to change his new PIN code upon receipt. The Utiliser is responsible for the strict confidentiality of this PIN code.

Transferability

Interkim may transfer its rights and / or obligations under this Contract in whole or in part, to third parties without the consent of the User. The User may only transfer the rights and obligations under this Contract, after obtaining express prior written approval of Interkim. Except in the case of a transfer of this Contract by the User, the User is and remains solely responsible for the fulfillment of his obligations under the Contract.

Precaution and hazards

Conformity check

The Utilisers may only connect Edge Devices to their User Account that meet the applicable standards and that are in perfect condition. In doing so the Utilisers adheres strictly to the instructions of his Edge Devices as provided by the manufacturer of the Edge Device.

Compatibility check

Some Services may not be available for certain Edge Devices or certain Services may not be compatible with the used Access Device. As a precautionary measure, the Utiliser will always check whether the Edge Devices andthe Access Devices are compatible with the desired Services before completing and sending an Application Form.

Verification

After the activation of Services, Interkim can request the User to make an Edge Device accessible for inspection via BlueCherry.io. If the User declines to do so, the User agrees that connections to or from suspected non-compliant or malfunctioning Edge devices may be blocked automatically without notice and that such use entitles Interkim to suspend or terminate this Contract.

Safety precaution

The User acknowledges to be aware of the risks associated with the use of IoT connected Edge Devices, especially when using public non secured open networks. The User is liable for and shall safeguard Interkim from any damages that Interkim would suffer, and all claims by third parties that would be addressed to Interkim as a result of the careless, negligent, fraudulent, erroneous or illegally act of the User while using the Services provided by Interkim.

Exclusion of warranties

BlueCherry.io, the Content, the Services and the BC-Connector Software are being provided to the Utiliser as is. Interkim does not guarantee nor warrant any features or qualities of BlueCherry.io, the Content, the Services or the BC-Connector Software nor gives any undertaking with regard to any other quality or functionality.
Statements and explanations to BlueCherry.io, the Content, the Services and the BC-Connector Software in promotional material or on BlueCherry.io are made for explanatory purposes only and are not meant to constitute any guarantee or warranty of certain features, except to the extent Interkim has expressly confirmed such warranty or undertaking in writing. Warranties are validly given only with the express written confirmation of Interkim’s management.
Interkim does not represent or endorse in any way the accuracy or reliability of:

• (l) information and communication available via links to web-pages of third parties clickable on BlueCherry.io, or Content available on such web-pages or;

• (ll) information provided by third parties concerning BlueCherry.io, the Content, the Services or the BC-Connector Software.
  

Interkim only reviews such information and communication at the time it was published or linked and Interkim will not permanently control and/or review the linked web-pages and the information provided by third parties. Upon sufficiently proven indication Interkim will remove the respective link and/or try to remove or alter the information provided by third parties concerning BlueCherry.io, the Content, the Services or the BC-Connector Software as such information or communication evidently contains illegal Contents or infringements against intellectual property rights of Interkim. Interkim shall not be liable for any loss or damages caused by the use of such information or communication.

Association nor company

The Utilisers and Interkim continue to act as independent entities within the context this Contract and the performance of the Services. Nothing in the Contract or in the behaviour of the involved during the performance of the Services under the Contract shall give rise to or may be considered as the establishment of an association, company, joint venture or any other common entity of the involved.

Completeness and hierarchy

The section and subsection titles included in the Contract have only a clarifying function. They do not form part of the GTU of the Contract nor do they influence its significance or interpretation.
This Contract sets out all contractual obligations of interkim and the Utilisers. The provisions contained herein cancel and supersede all previous arrangements, acceptances, correspondence, requests for quotation or previous proposals related to the use of BlueCherry.io and the Services except for the Additional Agreements.
The Contract always takes precedence over the offer(s). Any reference to the offer is solely intended to provide clarification with regard to the technical solution offered under the Contract to the Utiliser and of the tariff structure which is applied.
In the event of conflicts between the Additional Agreements or other documents forming the Contract, the following hierarchy shall apply, with the higher order documents taking precedence on the lower order documents:

• (1) Non Copie Agreement

• (2) PaaS Agreement

• (3) SaaS Agreement

• (4) Service Level Agreement

• (5) The Contract

• (5) The Annexes

• (7) Appliance Form

Waiver and Severability

The failure of Interkim to exercise or enforce any right or provision of this Contract shall not constitute a waiver of such right or provision. To the extent that any provision in this Contract shall be found to be unenforceable, such provision shall be modified in such a manner so as to make this Contract as modified, legal and enforceable under applicable laws and the balance of the provisions of this Contract shall not be affected thereby.

Applicable law

The laws of Belgium will govern this Contract without giving effect to any principles of conflicts of laws. The Utiliser agrees to comply with all laws from the country in which the Utiliser resides that are applicable to the transmission of data on the Internet, including, but, not limited to laws governing the use of encryption and laws governing the transmission of data across international boundaries, into prohibited countries, and containing personally identifiable information.
Accordingly, use of BlueCherry is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including but not limited to this paragraph. If you are a Utiliser located in such jurisdiction, you may not approve these General Terms of Use and you may not use Bluecherry.
BlueCherry.io is operated and controlled by Interkim in Belgium. This Contract and any dispute arising from or in relation to this Contract shall be governed by and construed in accordance with the laws of Belgium and the place of jurisdiction shall be Brussels.

Annex 1- Privacy Policy

As an user of BlueCherry services and BlueCherry connective products you value your privacy and are interested in our privacy policy. Interkim attaches great importance to your privacy and does everything it can to handle it in a caring and responsible manner. In order to communicate clearly about this, Interkim has bundled all relevant information with regard to the collection and use of your data, herin after refered to as ’Personal Data’ in this privacy policy. Interkim collects and uses your Personal Data in accordance with applicable laws and regulations. This mainly concerns the General Data Protection Regulation (GDPR), also known as GDPR1, and other applicable legislation such as the Electronic Communications Act. In the law, the collection and use of your Personal Data is referred to as ’processing of personal data’.
Good to know:
For BlueCherry connected products, Interkim only acts as a connectivity provider. In this case, the supplier of the product is the controller with its own privacy policy. This means that Interkim’s privacy policy does not apply to the use of these products, but only to the use of BlueCherry.io.

Personal Data

Interkim acts as the controller of the personal data it collects and processes. This means that Interkim determines which personal data is collected and used and how and why this is done, always in line with the applicable laws and regulations. Interkim is your point of contact and that of the supervisory authorities for all questions regarding the use of your personal data.

Those involved

This privacy policy is intended for anyone who uses BlueCherry.io. By “everyone” we mean natural persons (not companies or offices) whom we can identify as individuals. Our customers, former customers and future customers, but also employees who use the BlueCherry services through their employer, contacts of our partners, visitors to our points of sale and company buildings, visitors to our websites, users of our Apps, participants of our events, promotions, etc. are all protected by this privacy policy.

Types of data

For the proper functioning of BlueCherry, Interkim processes different categories of personal data. Depending on which product and which services you use, we collect and use different types of personal data:

• Account data: this is data that is directly linked to your person, independent of your products or services, such as name, address, contact details, etc.

• Product data: this is data that is directly linked to the products linked to your BlueCherry account, such as product types, serial numbers, access details, etc.

• User data: this is data that is stored in each product linked to your BlueCherry account, such as product settings, product co-users, product user logs, etc. Only the owner of a product has access to this data. Interkim does not collect nor stores such data, not even in the event the owner decides to share this data, temporarily or continuously, with others .

• Transaction data: this is data that is linked to your use of paying BlueCherry services and data that is created by your consumption of the paying BlueCherry services, such as communication data, destination data, etc.

• Derived data that could be derived from your user data and your Transaction data, such as individual customer profiles. Interkim does not create nor stores any derived data.

• Sensitive data: Certain Personal Data are more sensitive in nature and are extra protected by privacy legislation, such as data about your health. Interkim does not collect nor stores such data.

Reason for use

Interkim uses your personal data in the context of the preparation, execution or termination of your contract, in other words: to be able to offer you the best service. In certain cases, we may process certain personal data to comply with a legal obligation or to represent our legitimate interests. If the processing of your personal data should become necessary for other than one of these three reasons, Interkim will always ask for your permission to process your personal data. As a user you can manage your personal data that is stored by Interkim via your BlueCherry account.
Interkim does not use your personal data for commercial purposes such as, for example, sending targeted and personalized promotions.

Access to personal data

The functionalities of, and services associated with, BlueCherry connected products are offered by third parties who use BlueCherry in order to be able to offer these product functionalities and associated services. For the performance of their task on your request and with your consent, it is possible that these third parties gain access to your personal data that is necessary for that purpose.
Furthermore, the law may oblige Interkim to pass on certain personal data to a number of competent authorities, such as emergency centers, judicial authorities or tax authorities.

Data safety

The protection of your personal data is a priority for Interkim. Therefore Interkim implemented appropriate technical and organizational security measures to provide maximum protection for the personal data stored in BlueCherry. These measures are tested, evaluated and adjusted where necessary on a regular basis to guarantee an adequate level of security at all times.
Interkim also sets high security requirements for its partners who offer BlueCherry connective products and may also process your personal data to ensure the proper functioning of these products. Partly through contractual guarantees, we endavour that they, just like us, process your data safely and with respect for privacy legislation.

Retention period

Interkim does not store your personal data for longer than is necessary to achieve the purpose for which it was collected. The retention period can therefore differ per purpose. After the expiry of these periods personal data is deleted or anonymised.

Privacy rights

As user of BlueCherry you have the right to ask Interkim to inspect your personal data, to have it corrected, to have it deleted, to transfer or to object to its processing. Interkim strives to give you maximum access to your stored personal data so that you can exercise your rights at all times without the intervention of Interkim.

• Right of access. This means that you can request an overview of your personal data and what happens to it to the extent that you cannot already do this independently by simply logging into your account.

• Right to adjust. This means that you can have incomplete, incorrect, inappropriate or outdated personal data rectified to the extent that you cannot already do this independently by simply logging into your account.

• Right to delete. This means that you can have your data removed to the extent that you cannot already do this independently by simply logging into your account. Please keep in mind that deleting all or parts of your personal data is very likely to seriously disrupt or even disable the operation of BlueCherry and the products linked to your BlueCherry user account. Furthermore Interkim may continue to store your personal data even if you have deleted it in your BlueCherry account for as long as it is necessary to comply with a legal obligation.

• Right to restriction of processing. This means that in specific cases you can request that the processing of your personal data be (temporarily) limited to it to the extent that you cannot already do this independently by simply logging into your account.

• Right to portability. This means that you can request that your data be transferred to a third party in a structured and readable form.

• Right to object. This means that you can object to processing that is not necessary for the performance of the contract or is not necessary for compliance with a legal obligation.

Contact

For questions about the processing of your personal data to which you cannot find the answer in this privacy policy or for complaints and requests regarding your personal data, you can contact Interkim via the e-mail address administration@bluecherry.io , mentioning “DPO” (Data Protection Officer) in the title of your email.

Amendments

Interkim may change its privacy policy from time to time. In such event, Interkim will inform you in advance via the BlueCherry website or other communication channels of any significant change and, if required by law, we will request the renewal of your consent.

Complaints

For complaints regarding the processing of your personal data by Interkim or to initiate a mediation procedure, you can contact the Data Protection Authority via:
https://www.gegevensbeschermingsautoriteit.be/burger/acties/klacht-indienen

Annex 2 - Trademark and Copyright Policy

Preface

Unauthorized copying, distribution, modification, public display, or public performance of copyrighted works is an infringement of the copyright holders rights.
The User agrees he/she will not use BlueCherry.io to infringe the Intellectual Property Rights of Interkim or others in any way. He/she must not remove, overprint or deface any notice of copyright, trademark, logo, legend, or other notice of ownership from any original version or copy of Interkim Software, third party software, or any Content accessed on BlueCherry.io.

Introduction

Trademarks are important assets and Interkim requires that they be used properly. To preserve Interkim’s reputation and protect its trademarks, Interkim diligently guards against any violation of its trademarks.
Interkim acknowledges the desire of third parties to show affiliation with BlueCherri.io. However, without written permission from Interkim a third partie should not use Interkim’s trademarks in a manner that suggests affiliation or association with BlueCherry.io . Only parties with written permission from Interkim are allowed to use the BlueCherry trademark in accordance with additional legal terms and conditions.
In the event of commercial use, Interkim requires the use of its trademark and the additional legal terms and conditions will in such case be included in the trade agreements regarding the commercial use.

The trademark

Interkim registered its BlueCherry trademark with the International Bureau of the World Intellectual Poperty Organization (WIPO). The BlueCherry trademark with registeration number 1 374 391 is a collective, certification or guarantee mark.

The BlueCherry trademark

The use

The BlueCherry trademark can only and very strictly limited be used to indicate that a product can be part of the Internet of Things by way of connectivity over the BlueCherry IoT platform. The affixing of the Bluechery trademark should under no circumstances be used to give the product in question the appearance of any kind of guarantee of quality or conformity. It may be applied by written permission of Interkim or as an obligation under the terms of a trade agreement as follows:

• on the product,

• on the packaging of the product,

• in the manual of the product,

• on the website of the manufacturor,

• on the user interface of the product,

The name BlueCherry or the BlueCherry trademark should not be used as the visual focal point of any services or products. The name BlueCherry or the BlueCherry trademark must not be more prominently displayed than the company, product or service name of the manufacturer. Furthermore the name BlueCherry or the BlueCherry trademark must be visually distinguishable from the company name and the product or service names. All reference to BlueCherry or use of the name BlueCherry or the BlueCherry trademark must be truthful, accurate, and not misleading.
Certain activities may constitute infringement or dilution of the BlueCherry trademark, and are not permitted. Please review the following list of ways to avoid unauthorized use of the BlueCherry trademark:

• Do not changes the colors nor the spelling of the BliueCherry trademark.

• Do not changes the proportions of the BliueCherry trademark.

• Do not use any of the BlueCherry trademark in a manner that is likely to cause confusion about the origin of any product, service, material, course, technology, program or other offerings.Unless you have prior permission from Interkim.

• Do not use the BlueCherry trademark in a manner that is likely to give the impression or otherwise imply an affiliation or association between your products or services related to your products, and Interkim.

• Do not use the BlueCherry trademark or name as or as part of the name of any company, product, service, solution, technology or program that is not part of Interkim or does not belong to Interkim’s offerings or product range.

• Do not use the BlueCherry trademark or name in a manner that is likely to dilute, defame, disparage, or harm the reputation of Interkim.

• Do not copy or imitate any BlueCherry.io type style, logo, product packaging, the look, design, or overall commercial impression of the BlueCherry website, blog, or other forums.

• Do not register or use any domain name that incorporates any BlueCherry.io mark or name.

• Do not register or seek to register the BlueCherry trademark or name, or any mark or name that is confusingly similar tothe BlueCherry trademark or name.

• Do not alter, adapt, modify, animate, or morph any of the trademarks. Examples of what not to do include abbreviating or shortening a trademark (for example, BlueCherry to BC), combining or hyphenating a trademark with another prefix or word (for example, BlueCherry-led), or using a slash mark with any trademark (for example, BlueCherry/XYZCo).

• Do not combine the BlueCherry trademark with any other letters, numbers, words, or any design or logo.

Permissible use

To indicate IoT connectivity via BlueCherry.io of a product one can use the BlueCherry trademark provided that written permission from Interkim is obtained. Interkim does grant permission to third parties to use its BlueCherry trademark where appropriate. In addition to complying with the other aspects of this Policy, and provided you have prior written permission from Interkim, any such permissible use of the BlueCherry trademark or name also must comply with the guidelines as mentionned in section [Guidelines] and any other license or usage requirements for use of the BlueCherry trademark which are described in separate agreements with Interkim.

Trademark Permission Requests

Commercial use

As a commercial user of BlueCherry, a PaaS and possibly also a SaaS agreement must be concluded with Interkim. The conditions and license fees for the use of the BlueCherry trademark will be included in this agreement and will depend on the nature and scope of the commercial project in question.

Non-commercial use

The use of the BlueCherry trademark is free of charge for non-commercial projects. After accepting our general terms of use, of which this trade mark policy is a part, a request for use of the BlueCherry trademark should be made by e-mail. To do so, please send your contact details to: administration@bluecherry.io under the heading: “BlueCherry Trademark Request”. Interkim will then contact you within 14 days.

Duration

In the case of non-commercial use, the permission to use the BlueCherry trademark remains valid until such time as BlueCherry is actually used for the IoT connectivity of the product for which the permission was applied for and granted. However, if Interkim finds any infringement of the use of the BlueCherry trademark, Interkim reserves the right to immediately revoke its authorization to use the BlueCherry trademark. Interkim may also immediately revoke its permission for use if Interkim determines that the product concerned is not or is no longer technically qualified to use BlueCherry or if Interkim determines inappropriate or unintended use of BlueCherry.

Transferability

The right to use the BlueCherry trademark granted by Interkim is not transferable.

limitation of liability

Interkim grants the use of the BlueCherry trademark as a courtesy without any warranty, liability or responsibility. The use of the BlueCherry trademark for non-commercial purposes cannot be invoked by either party as a ground for any liability. All parties acknowledge that, in the event of non-commercial use, also the revocation of the right to use the BlueCherry trademark cannot result in any form of damage and therefore cannot constitute a ground for any form of compensation.
In the case of commercial use, the liability regarding the use of the BlueCherry trademark will be described in the agreements concluded for this purpose.

Annex 3 - Cooky policy

Interkim uses cookies every time you visit our websites and/or use our applications (apps). In this policy we would like to inform you about which cookies we use and why we do this.
This cookie policy applies to all BlueCherry websites and apps, unless otherwise specified by the specific website or application. Interkim reserves the right to change its cookie policy at any time, for example if this is necessary to continue or improve our services or whenever required by law. We therefore invite you to always consult the latest version of our Cookie Policy on the BlueCherry website.
If cookies collect personal data, the processing always takes place in accordance with the Privacy Policy, section [Annex1].

Cookies

Cookies are small data or text files that are stored on your computer, tablet or smartphone when you visit a website or use a mobile app. The cookie files contain unique codes that allow your browser to recognize you, for example, you can be identified as a visitor to our websites on a subsequent visit.
When you as a user visit the BlueCherry website or use one of the BlueCherry applications, your computer will receive “Cookies”. These Cookies are actually small data or text files that contain unique codes and digital keys that are then stored on your computer, tablet or smartphone. These Cookies allow our systems to immediately recognize you as a user whenever you visit the BlueCherry website or whenever you use a BlueCherry application.
Interkim uses Cookies to optimize the operation and ease of use of the BlueCherry websites and BlueCherry apps. For example:

• For supporting users to log in to their account, or

• to remember the content of of your shopping cart.

• to remember the correct language choice.

Cookies can also be used to analyze website traffic with the aim of making it function better or to map the surfing behavior of the user, so that the content of the website can better respond to the preferences and needs of the user and.
In addition to Cookies, as described above, there are also similar techniques such as, but not limited to:

• flash cookies,

• tags,

• pixels,

• device fingerprinting,

• cross-device tracking,

• html5-local storage,

• javascripts and

• web beacons.

For the sake of convenience, Interkim considers these similar techniques to be cookies but does not use these similar techniques.

Safety

Cookies themselves aren’t harmful, but they can carry sensitive personal data – and that makes them potential targets for hackers. Cookie theft is a risk if you sign into a site using public WiFi. A hacker can copy the cookie data and use it to impersonate you and get into your account. It doesn’t happen often, but it’s a risk to be aware of. Interkim however anticipated this risk and uses only encrypted cookies. In addition, Interkim’s cookies are built in such a way that they can only work if an https connection (a secure internet connection) is used.

Provenance

On the basis of origin, Interkim makes a distinction between cookies that we place and manage ourselves (own cookies) and cookies that may be placed on our or linked websites and apps by third parties (foreign cookies).
Foreign cookies are cookies that may be placed by another website that you visit via a link on the BlueCherry website. These cookies can ensure that certain data is forwarded to third parties as a result of your visit to those websites. These foreign cookies are fully managed by third parties and Interkim has no control over the way in which these third parties manage their cookies and use the data collected in this way. For more information concerning thes foreign cookies Interkim recommends that you consult the privacy statement and cookie policy of the relevant third parties.

Practice

Cookies can be placed for various purposes such as:

Necessary cookies

Necessary cookies are for the proper functioning of our websites and applications and UX (user experience) improvement. They ensure optimal and safe operation and help Interkim to continuously improve the BlueCherryr website. These cookies are not intended to identify a user, nor are they used for marketing or third party purposes. They are necessary for interaction or saving preferences, such as your language preference. These cookies are set by default and cannot be adjusted, because without them we cannot guarantee the proper functioning of our websites.

Analytical cookies

Analytical cookies collect aggregated data about the use of our websites and mobile apps such as the number of visitors, which web pages are visited most often and the time users spend on a particular web page. Based on this information, we can make statistical analyzes that help us to improve the structure, navigation and content of our websites and/or apps and to optimize the user experience. We can also use cookies from third parties for this, such as Adobe Analytics or Google Analytics.
Interkim does not place cookies for this purpose.

Personalization cookies

Personalization cookies are placed to track your clicking and surfing behavior on websites and/or apps. This way people can know which pages you visited and which articles you read or what you clicked on. Based on such data, a user profile of you can then be drawn up in which your likely interests and preferences are determined.
Interkim does not place cookies for this purpose.

Advertising cookies

Advertising cookies are cookies that are placed on a website by third parties, mostly marketing organisations, to be able to offer you personalized advertisements for the products they are promoting for their partners
Interkim does not allow such cookies on the BlueCherry websites and applications.

Social media cookies

Social media cookies ensure optimal interaction with social media such as YouTube, Twitter, Facebook, ... e.g. to enable certain functions on our websites and apps such as the Twitter ’Tweet’ button, LinkedIn ’Share’ button, playing a video on YouTube, etc.
Interkim does not place such cookies on the BlueCherry websites and applications.

Lifespan

Depending on the duration of the cookies, Interkim makes a distinction between temporary and permanent cookies:

Session cookies

Session cookies are temporarily stored in your browser or app. These cookies are automatically deleted as soon as the browser or app is closed.

Persistent cookies

Persistent cookies remain on your computer, tablet or smartphone, even if you close your browser or mobile app. These cookies ensure that our systems recognize you each time you visit our websites or log in to our apps. Persistent cookies remain on your device until their expiry date has passed, until a new version of the cookie is installed, or until you delete them yourself via the settings of your browser or app.

Overview

Interkim only places cookies for necessary reasons. Below you will find an overview of the cookies used by Interkim.

Management

Interkim does not provide the possibility to let the users of BlueCherry decide for themselves which cookies they want to accept, as Interkim only uses necessary cookies. If you as a user object to the placing of necessary cookies on your computer, tablet or smartphone, we recommend that you do not use the BlueCherry website and the BlueCherry applications.

Complaints

It is best to read our cookie policy together with our Privacy Policy, section[Annex1], in which you will find all information about what data Interkim collects, why Interkim does this, and how long Interkim keeps this data.
nv Interkim
Westkapellestraat 396 - 44
8300 Knokke-Heist
Belgium
Tel: +32(0)50 622 888
email: info@bluecherry.io
web: http://www.bluecherry.io