These Terms and Conditions, together with any documents expressly incorporated by reference herein, form a legal agreement ("Agreement") between International Business Renaissance SA, a limited liability company incorporated under the laws of Belgium, having its registered office at Square des Latins 47 / boite 5, 1050 Brussels (Belgium), bearing number 0668.896.459, VAT n°BE0668.896.459 ("we"), and the customer identified in the order form ("you"). These terms and conditions govern all our sales offers, product sales and software subscriptions (SaaS). Your terms and conditions are explicitly excluded, even if they state otherwise.

"We" and "you" may be referred to individually as a "Party", or collectively as the "Parties".

If you have any questions or comments about these Terms of Use, please contact us at [info@timbtrack.com](mailto:info@timbtrack.com).

We may modify this Agreement as necessary upon written notice; it is understood that only the modified version will apply to future sales.

## ARTICLE 1 - GENERAL
This Agreement describes the rights and obligations of the Parties in connection with the purchase and sale of our products and subscriptions. Products may be purchased offline or online through our website [https://www.timbtrack.com](https://www.timbtrack.com).

## ARTICLE 2 - APPLICATION
By accepting our offer, you subscribe to this Agreement and the sale is concluded. Acceptance can take place in different ways: you can tick the box accepting the terms and conditions when presented to you; or you can accept, in any form, an order form. Any order placed on our website requires your unconditional and explicit acceptance of this Agreement. In the case of a subscription to our software platform (SaaS), you may also accept the end-user conditions in connection with the service to which you subscribe.

## ARTICLE 3 - PRODUCT AND SUBSCRIPTION AVAILABILITY, PRICING AND PAYMENT
A. The prices of our products and subscriptions are valid as they appear on our website or on our price list, subject to availability and to any conditions mentioned.

B. If a product indicated in an order is not available, we will inform you by e-mail or telephone. You will then have the option of cancelling the applicable order.

C. If the unavailability has been established and communicated after receipt of your payment, we will immediately refund the amounts paid, upon cancellation, with the same means of payment. You will be informed by e-mail. The refund period depends on the method of payment you have used.

D. In the event of deferred payment, all amounts due to us are payable to the bank account indicated on the invoice within 30 days of the invoice date.

E. Any complaint relating to an invoice must be sent to us by registered post with acknowledgement of receipt, indicating the date and number of the invoice, within 8 working days from the date of receipt of the invoice. After this period, you will be deemed to have accepted the invoice and no claim whatsoever will be taken into account. Under no circumstances may a complaint justify suspension of payment. The foregoing does not affect your rights as a consumer under applicable law.

## ARTICLE 4 - DELIVERY
A. Orders are delivered to the delivery address indicated by you.

B. We will make every reasonable effort to deliver orders. However, we accept no liability for loss or damage. Risk passes when we pass the product to our shipping agent. Ownership is transferred upon full payment of the order.

C. We make every effort to process orders as quickly as possible. The delivery period of 30 days from the conclusion of the sale is intended to indicate a target date and is purely indicative. Under no circumstances can we be held responsible for late delivery of products, or for damage resulting from late delivery.

D. If the product(s) is (are) not delivered to the delivery address within 30 days of dispatch confirmation, it is your responsibility to contact us within 7 working days of the expiry of the 30-day period. No claims will be accepted after the aforementioned period of 7 working days has expired.

## ARTICLE 5 - WARRANTY
A. We guarantee, for a period of 3 months following delivery, that the products or software that we offer for sale or subscription function substantially in accordance with its specifications and that they do not present any defect that would render impossible or dangerous the normal use of these products or software.

B. You must take all necessary measures to check the products delivered and, in the event that the products supplied are visibly damaged or incomplete, or in the event of a visible error, you must refuse the products on delivery. Any complaint regarding the products delivered must be sent to us in writing within 7 working days from the date of receipt, and must include a reference to the delivery note. On expiry of this period, you will be deemed to have accepted the products and no further claims will be taken into account, without prejudice to the legal rights of the customer acting as a consumer.

C. You must notify us of any claims relating to other defects within 3 months of the date of delivery of the products. Such complaints must be sent in writing within two weeks of the date of discovery of the defect.

D. If your claim is justified, our obligations are, at our discretion, limited to repairing the defect (free of charge), replacing the defective product or refunding the price you paid for the products.

E. We shall not be liable for any defect or other claim arising from abnormal use, misuse, negligence, accident, abuse or use not in accordance with standards of good practice and/or the documentation provided to you by us; or any other defect arising from your fault or breach of this Agreement.

## ARTICLE 6 - LIABILITY
A. In all cases where we are held liable, to the extent permitted by law, any compensation we are required to pay will be limited to the amounts actually paid by you for the Products.

B. We disclaim all contractual or non-contractual liability for consequential damages such as (without limitation) loss of production, loss of profits, loss of revenue, loss of business, loss of data, loss of goodwill or opportunity, or for indirect or incidental losses.

C. We shall not be liable for force majeure events such as (without limitation) interruption or cessation of transport, postal or communication services, floods, fire, etc., nor for any consequential loss.

D. Nothing in this Agreement shall limit the rights of consumers under Article 1649bis-1649octies of the Belgian Civil Code or under other applicable consumer protection legislation. Such legislation shall always prevail in the event of conflicting provisions in this Agreement.

## ARTICLE 7 - INTELLECTUAL PROPERTY RIGHTS
A. Unless expressly provided otherwise, each Party retains ownership of its intellectual property rights. We explicitly reserve all our intellectual property rights, including any patent, trademark, trade name, copyright, design, model, software and know-how, which is and remains our exclusive property.

B. The sale of a product or subscription to software will never result in the transfer of any intellectual property rights to you. In the case of a software subscription, use of the software is authorized under the conditions stipulated in the license or user agreement which forms part of the use of this software.

C. You may not use our name, logo or other identifying marks for advertising or promotional purposes without our prior written consent.

## ARTICLE 8 - PROTECTION OF PRIVACY
A. We collect certain information about you and your users when you use the Timbtrack platform.

B. We process this data for customer and user (access) management purposes in accordance with contractual requirements. Without this information, this Agreement cannot be performed.

C. Your information will not be disclosed to third parties, with the exception of data processors acting on our behalf. Your information will be stored for a period of 10 years after the end of the Agreement.

D. You have a free right of access and rectification or deletion in connection with any personal data relating to you; you also have a right, free of charge, to opt out of processing for direct marketing purposes. Since May 25, 2018, you have additional rights such as the right to data portability, the right to refuse processing, the right to lodge a complaint with the supervisory authority.

## ARTICLE 9 - MISCELLANEOUS
A. No relaxation of any measure, tolerance, delay or indulgence on our part in enforcing the terms of this Agreement, or the granting of any delay on our part, shall affect or limit our rights and powers under this Agreement, nor shall any waiver by us of any breach of this Agreement constitute a waiver of any subsequent or continuing breach.

B. The provisions of the Agreement and its appendices, in force for the duration thereof, constitute the entire agreement between the Parties. Any terms and conditions contained in your purchase orders, invoices, acknowledgements of receipt or other forms which conflict with or differ from the terms and conditions of the Agreement are null and void.

C. If any provision of this Agreement is declared null and void or unenforceable, the remaining provisions of this Agreement shall remain in full force and effect. Any invalid provision shall automatically be replaced by another provision whose intent is as close as possible to the intent of said provision, to the extent permitted by law.

D. In the event of any inconsistency between the terms of the Agreement and any additional terms contained in a Schedule, the additional terms contained in the Schedule shall prevail.

E. We reserve the right to refuse any order from a customer with whom a dispute is pending or has arisen in the past.

F. This Agreement shall be governed by and construed in accordance with Belgian law, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods. Any dispute arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of Brussels (Belgium).

If you are a consumer, nothing in this Agreement shall limit your rights as a consumer
rights as a consumer, under Article 6(2) of Regulation n°593/2008, to benefit from the
the protection of applicable legal provisions. We are obliged to
provide you with a link to the European ODR platform, which you can consult on this site: [https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show&lng=EN](https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show&lng=EN).

## APPENDIX A - SPECIFIC PROVISIONS RELATING TO DISTANCE CONTRACTS, VIA THE WEBSITE, FOR CUSTOMERS ACTING AS PROFESSIONALS
A. This Appendix A only applies to you if you are acting as a professional and purchase the products or subscribe to the software via the site. In this case, the contract is governed by Book XII of the Belgian Code of Economic Law.

B. Article XII.6, §1, 8° and articles XII.7, §1, XII.8 and XII.9 of the Belgian Code of Economic Law do not apply.

## APPENDIX B - SPECIFIC CONSUMER PROVISIONS FOR DISTANCE CONTRACTS VIA THE WEBSITE
A. The following provisions of this Appendix supplement the Agreement and, in the event of contradiction, prevail over the conditions of the Agreement.

B. This Appendix B applies only if you are acting as a consumer and you purchase the Products or subscribe to the Software via the Site. This purchase constitutes a distance contract as defined by article I.8.13° of the Belgian Code of Economic Law.

C. To facilitate the establishment of the contract, you must provide the following information before purchasing products or subscribing to software via the site: Your e-mail address, your title, your surname, your first name, your date of birth, the precise place of delivery. You confirm that you are over 18 years of age (+18). This information is necessary for order management and for the commercial relationship between you and our company.

D. To accept the present Agreement, tick the box "I accept the conditions of the Agreement"; the sale or subscription will then be concluded when you have confirmed your order by clicking on the "Order with payment obligation" button. You will receive an order confirmation by e-mail after purchase, as well as a confirmation of dispatch of the order from us.

E. Prices quoted during the purchase process are in euros (EUR) and include VAT and service charges, unless explicitly stated otherwise. Shipping costs are not included in the prices of products and services. They will be invoiced and indicated separately on the site, depending on the delivery address.

F. In the case of distance contracts, purchases or subscriptions can be paid for online using a debit or credit card. Your bank account will be debited once the purchase has been confirmed, and payment will be effective once your bank has given us its authorization. If your bank refuses payment, the order will be automatically cancelled.

G. In the event of online payment, you warrant that you are authorized to make online payments by debit or credit card, or by any other means of payment described above, and that your bank account has sufficient funds to cover all transaction costs.

H. Each delivery will be announced in an e-mail containing your invoice. The invoice will also indicate the delivery charges and the amount of VAT. The delivery is accompanied by a delivery note which also indicates the details of the delivered products and/or subscriptions.

I. **Right of withdrawal and refunds
* (i) In connection with the products, you have the right to indicate to us, within 14 calendar days from the day on which you take physical possession of the products (or when a third party designated by you, other than the carrier, takes possession), that you wish to withdraw and cancel your purchase, without having to pay any compensation and without having to indicate a reason.

* (ii) If you wish to withdraw, you may do so by using the withdrawal form downloadable from [https://economie.fgov.be](https://economie.fgov.be) or [https://infoshopping.be](https://infoshopping.be), and sending it to us at the e-mail address [info@timbtrack.com](mailto:info@timbtrack.com), or by sending us any other explicit request indicating that you wish to withdraw.

* (iii) In the case of software subscriptions, you acknowledge that such software is digital content that is not provided on tangible media. You acknowledge that performance of the contract commences from the moment you give your explicit prior consent and you acknowledge that you will thereby lose your right of withdrawal.

* (iv) Withdrawal is only valid if the product(s) are effectively returned within 14 working days of the date on which you notified us of your withdrawal.

* (v) The product(s) must be returned in new condition, in their original packaging, in perfect condition, accompanied by the invoice and a completed returns form. All returns for which the sender/customer cannot be identified will be refused. After a period of 14 working days, we will no longer be able to accept returned items, and they will be sent back to you at your expense.

* (vi) Returned items must be sent to our address, which is mentioned on the site. Return shipping costs are at the customer's expense.

* (vii) Un remboursement sera effectué dans un délai de 14 jours à compter de la date de réception de votre avis de rétractation en vertu du présent article, dans la mesure où toutes les conditions susmentionnées ont été strictement respectées et où nous avons reçu le/les produit(s), ou dans la mesure où vous avez fourni la preuve de renvoi du/des produit(s). Le montant remboursé ne saurait en aucun cas être supérieur au montant que vous avez réellement payé.

* (viii) Nous ne rembourserons aucun frais supplémentaire lié à tout type de livraison du/des produit(s) autre que le type de livraison impliquant les frais les plus bas et proposé par nos soins.

* (ix) Nous vous enverrons un e-mail dès réception de l’article renvoyé et dès que nous aurons ordonné à notre banque d’effectuer le remboursement.

Dernière mise à jour : Mars 2018.

This Timbtrack SaaS license, together with any documents expressly incorporated by reference, form a legal agreement ("Agreement") between International Business Renaissance SA, a limited liability company incorporated under the laws of Belgium, whose registered office is at Square des Latins 47/3, 1050 Brussels (Belgium), bearing number 0668.896.459, VAT number BE0668.896.459 ("we"), and the customer identified in the order form ("you"). These terms of use govern your access to and use of the Timbtrack platform (described below).
and its use.

"We" and "you" may be referred to individually as a "Party", or collectively as the "Parties".

If you have any questions or comments about these Terms of Use, please contact us at the following e-mail address: [info@timbtrack.com](info@timbtrack.com).

We may modify this Agreement from time to time upon written notice to you. You have the right to refuse the modification of the Agreement by sending a notice asserting this right within 30 days of our notice of modification. In this case, the Agreement will be terminated within 30 days of your notice.

## ARTICLE 1- DEFINITIONS
In this Agreement, unless the context otherwise requires, the following terms shall have the meanings set forth below:

A. "**Additional Fees**": fees for the use of the Timbtrack platform for an additional period of 12 (twelve) months following the initial period, as indicated in Article 3.

B. "**Confidential Information**" means all information disclosed by one Party to the other Party pursuant to this Agreement and being designated as proprietary and/or confidential, or which by the nature of the circumstances of the disclosure should reasonably be considered confidential, including (without limitation) product information, customer lists, pricing schedules and financial information. For the avoidance of doubt, Confidential Information includes our proprietary information in connection with the Timbtrack platform and Customer Data.

C. "**Customer Data**": the data provided by users for the use of the Timbtrack platform.

D. "Force Majeure**": acts, events, omissions or accidents beyond the reasonable control of a Party.

E. "Initial Fee**": the fee set forth in Article 3 for the right to receive a copy of the Timbtrack platform, and to install it on the operating platform.

F. "**Intellectual Property Rights**": copyrights, design rights, patents, trademarks, domain names, service marks, registered designs, trade and business names and any other similar rights (in any country), including applications for the aforementioned rights.

G. "**Timbtrack Platform**": forest management software made available by us as online software (SaaS) under this Agreement.

H. "**Users**": your company and your employees and independent consultants whom you have authorized to use the Timbtrack Platform.

## ARTICLE 2 - GRANTING OF RIGHTS OF USE
A. Subject to compliance with the provisions of this Agreement and payment of all license fees during the term of this license, we grant you a non-exclusive, non-transferable right to use the Timbtrack platform for your internal (business) operations.

B. The duration of the right of use granted is twelve (12) months and this period begins on the date of the order and is automatically renewed for successive periods of twelve (12) months, unless either Party sends a notice of termination of the Agreement to the other Party at least thirty (30) days before the end of the period.
twelve (12) month period.

## ARTICLE 3 - RIGHTS
A. You hereby agree to pay the overdue fees charged by us as follows:
- For initial fees: monthly payment in advance ;
- For additional fees: monthly payment in advance.

B. If we do not receive payment within 15 days of the due date, without prejudice to any other potential rights and remedies :
- we reserve the right to suspend access to and use of the Timbtrack platform, without prior notice, until all amounts due have been paid in full;
- interest will accrue on these overdue amounts in accordance with the provisions of the Belgian law of August 2, 2002 on combating late payment in commercial transactions.

C. All amounts and charges stated or referred to in this Agreement are :
- payable in euros ;
- non-cancellable and non-refundable;
- do not include value-added tax, which is added to our invoices at the appropriate rate, unless explicitly stated otherwise.

D. Without prejudice to article 3.E, we are entitled to increase the Additional Fees at the beginning of each period with 60 days' notice. If you notify us of your refusal to accept the increase within 30 days of receipt of our notice, the Agreement will expire at the end of the current period.

E. Fees will be automatically increased once a year, on the anniversary date of the signing of the Agreement, in accordance with the following formula: Pn = P° [0.2 + 0.8 (LPn/LP°)]
Where:
Pn = the new billing price for year n
P° = the base invoice price applicable during the year in which the Agreement is signed
Lpn = the (new) reference wage index (national average) recognized by FPS
Economy and published by AGORIA for year n and the anniversary month of the start of the
of the Agreement.
LP°: The basic reference wage index (national average) recognized by FPS Economy and published by AGORIA for the month preceding the effective date of this Agreement.

## ARTICLE 4 - OUR OBLIGATIONS
A. We agree that the Timbtrack Platform will operate in accordance with the Documentation and we agree to perform this Agreement with all reasonable care and skill.

B. If the Timbtrack Platform does not comply with the above commitment, we will use all reasonable efforts, at our expense, to immediately correct any non-compliance or to provide you with an alternative means of obtaining the desired service. This shall be your sole and exclusive remedy for any failure to comply with the undertakings set out in clause 4.A.

C. Notwithstanding the foregoing,
- we do not warrant that your use of the Timbtrack platform will be uninterrupted or error-free, or that the Timbtrack platform or the information obtained through the Timbtrack platform will meet your requirements; and
- we will not be liable for any delays, failures to deliver or any other damage or loss resulting from the transfer of data over communications networks and equipment, including the Internet, and you acknowledge that use of the Timbtrack Platform may be subject to restrictions, delays and other problems related to such public communications equipment.

D. We warrant that we have and will maintain all licenses, authorizations and permissions necessary for the performance of our obligations under this Agreement.

## ARTICLE 5 - YOUR OBLIGATIONS
A. You shall use the Timbtrack platform only to the extent permitted by the Agreement. You agree not to:
- decompile, disassemble or reverse engineer the Timbtrack platform ;
- access all or part of the Timbtrack platform for the purpose of developing a product or service that competes with the Timbtrack platform;
- use the Timbtrack platform to provide services to third parties;
- license, sell, rent, transfer, assign, distribute, display, disclose or commercially exploit the Timbtrack Platform or make it available to third parties other than users; or
- remove, delete, copy, imitate, duplicate or modify in any way the trademarks, including but not limited to the trademarks or copyright notice, located on or in the Timbtrack Platform.

B. You must provide us with :
- all necessary cooperation in connection with this Agreement; and
- access to all information that may be requested of us for the performance of this Agreement, including, without limitation, customer data;

Translated with www.DeepL.com/Translator (free version)

C. You agree to :
- comply with all laws and regulations applicable to your activities under this Agreement;
- ensure that users use the Timbtrack platform in accordance with the terms of this Agreement and assume responsibility for any breach of this Agreement by a user;
- ensure that your network and systems comply with the relevant specifications provided by the Licensor, where applicable, it being understood that these specifications may change over time as a result of technological developments; and
- assume full responsibility for any problem, condition, delay, failure to deliver and any other damage or loss arising from or related to your network connections or communication systems, or caused by the Internet.

## ARTICLE 6 - LIMITATION OF LIABILITY
A. Our liability under this Agreement (whether in contract, tort, negligence or otherwise) shall not exceed, per calendar year, a sum equal to the amounts paid by you during the calendar year.

B. Nothing in this Agreement shall exclude our liability for (i) death or personal injury caused by our negligence or (ii) fraud, fraudulent misrepresentation or wilful misconduct.


Translated with www.DeepL.com/Translator (free version).

C. In no event shall we be liable for any indirect, special, incidental or consequential losses, such as (without limitation) loss of business, data, profits, revenue, goodwill, opportunity or inability to save.

## ARTICLE 7 - CUSTOMER DATA
A. You shall own all right, title and interest in and to all Customer Data and shall be responsible for the legality, reliability, integrity, accuracy and quality of the Customer Data.

B. You grant us a worldwide, royalty-free, transferable and non-exclusive right, valid for the entire term of protection, to use the Customer Data to create, publish and market statistics and studies in aggregate form.

C. We will apply reasonable backup procedures in relation to Customer Data. In the event of loss or damage to Customer Data, your sole and exclusive remedy shall be our obligation to use commercially reasonable efforts to restore lost or damaged Customer Data from the last backup of such data maintained by us. We shall not be liable for any loss, destruction, alteration or disclosure of Customer Data caused by a third party.

Translated with www.DeepL.com/Translator (free version).

## ARTICLE 8 - TERMINATION
A. Either Party may terminate the Agreement at any time, in the following cases, by informing the other Party in writing:
- breach of the Agreement by either Party and failure to remedy said breach within thirty (30) days of notice from the other Party, or
- assignment, settlement or arrangement by the other Party in favor of creditors; appointment of a liquidator, receiver or trustee for all or part of its assets or the business; or issuance of an injunction or effective resolution for the cessation of the other Party, or
- cessation or threatened cessation of its commercial relations.

B. This Agreement will automatically expire at the end of the current period in the event of notice of cancellation, in accordance with Article 2.B.

C. Any termination of the Agreement shall be without prejudice to any other rights or remedies available to the Parties under this Agreement, at law or in equity, and shall not affect the accrued rights or liabilities of either Party, nor the coming into force or continued performance of any provisions of the Agreement which are expressly or by implication intended to come into force or remain enforceable upon or after termination. You acknowledge that under no circumstances will you be entitled to a refund of any fees.

## ARTICLE 8 - TERMINATION
A. Either Party may terminate the Agreement at any time, in the following cases, by informing the other Party in writing:
- breach of the Agreement by either Party and failure to remedy said breach within thirty (30) days of notice from the other Party, or
- assignment, settlement or arrangement by the other Party in favor of creditors; appointment of a liquidator, receiver or trustee for all or part of its assets or the business; or issuance of an injunction or effective resolution for the cessation of the other Party, or
- cessation or threatened cessation of its commercial relations.

B. This Agreement will automatically expire at the end of the current period in the event of notice of cancellation, in accordance with Article 2.B.

C. Any termination of the Agreement shall be without prejudice to any other rights or remedies available to the Parties under this Agreement, at law or in equity, and shall not affect the accrued rights or liabilities of either Party, nor the coming into force or continued performance of any provisions of the Agreement which are expressly or by implication intended to come into force or remain enforceable upon or after termination. You acknowledge that under no circumstances will you be entitled to a refund of any fees.

D. À l’expiration ou à la résiliation de l’Accord, vous ne serez plus autorisé à utiliser la plateforme Timbtrack et à y accéder.

## ARTICLE 9 – TITRE, DROITS EXCLUSIFS ET CONFIDENTIALITE
A. Vous reconnaissez que notre société détient et/ou que nos concédants détiennent tous les droits de propriété intellectuelle dans la plateforme Timbtrack.

B. Chaque Partie peut accéder aux Informations confidentielles détenues par l’autre Partie aux fins de l’exécution de ses obligations en vertu de l’Accord. Il ne doit pas être considéré que les Informations confidentielles d’une Partie contiennent des informations qui :
* sont publiques ou tombent dans le domaine public autrement que par un acte ou une omission de la Partie qui les reçoit ;
* étaient détenues légalement par l’autre Partie avant leur divulgation ;
* sont légalement divulguées à la Partie qui les recueille par le biais d’un tiers sans restriction de divulgation ;
* sont développées de manière indépendante par la Partie réceptrice, et dont le développement indépendant peut être démontré au moyen de preuves écrites ; ou

C. Chaque Partie doit maintenir la confidentialité des Informations confidentielles de l’autre Partie et, sauf si la loi ou un tribunal compétent ou un organisme de réglementation ou d’administration exige le contraire, aucune Partie ne doit mettre les Informations confidentielles de l’autre Partie à la disposition de tiers, ou les utiliser pour des fins autre que l’exécution du présent Accord.

D. Each Party shall take all reasonable steps to ensure that Confidential Information of the other Party to which it has access is not disclosed or distributed by its employees or agents in violation of the terms of this Agreement.

E. This Section shall survive termination of this Agreement until such time as the Confidential Information loses its confidential nature in the manner set forth in Section 10.B.

## ARTICLE 10 - SUPPORT SERVICES
A. Subject to the payment of fees, we undertake:
- make all reasonable efforts to correct any defect in the Timbtrack platform that you may have notified us of (we are not, however, under any obligation to recover or reconstruct any Customer Data that has been corrupted or lost as a result of such defect) ;
- to use reasonable endeavours to develop the Timbtrack platform on an ongoing basis;

B. You agree:
- to notify us of any software defect when it occurs and to use all reasonable efforts to provide us with a documented example of such defect;
- cooperate fully with us in diagnosing any software defect.

C. You may contact our support services at the following coordinates:
- [info@timbtrack.com](info@timbtrack.com)
- 0032472863685

## ARTICLE 11 - PERSONAL DATA
~As data controller:~

A. We collect certain information about you and your users when you use the Timbtrack platform.

B. We process this data for customer and user (access) management purposes in accordance with contractual requirements. Without this information, this Agreement cannot be performed.

C. Your information will not be disclosed to third parties, with the exception of data processors acting on our behalf. Your information will be stored for a period of 10 years after the end of the Agreement.

D. You have a free right of access and rectification or deletion in connection with any personal data relating to you; you also have a right, free of charge, to opt out of processing for the purpose of direct marketing. Since May 25, 2018, you have additional rights such as the right to data portability, the right to refuse processing, the right to lodge a complaint with the
supervisory authority. As data processor:

E. We must:
* refrain from processing personal data for purposes other than the performance of our obligations under this Agreement, in accordance with your documented instructions ;
* refrain from authorizing third parties and/or sub-processors to process Personal Data under or in connection with this Agreement ("Sub-processor") without your prior written consent;
* refrain from disclosing personal data to any person other than our personnel necessary to perform obligations under this Agreement, on a need-to-know basis. We must ensure that each such individual:

* is aware of the confidential nature of personal data and our obligations in relation to data protection and confidentiality under this Agreement;
* is subject to confidentiality undertakings or to professional or regulatory obligations of confidentiality;
* take appropriate technical and organizational measures against unauthorized or unlawful processing, and to evaluate at regular intervals the adequacy of these security measures, and to modify them if necessary; you also have the right to request a written description of the security measures;
* inform you immediately (i) of any legally binding request for disclosure of personal data made by a data subject or by a judicial or regulatory authority, unless prohibited, such as the obligation under criminal law to maintain the confidentiality of a judicial investigation; (ii) of any accidental or unauthorized access, and, more generally, of any unlawful processing ;

* deal immediately and properly with all your reasonable requests in connection with our processing of Personal Data or in connection with this Agreement, subject to reasonable compensation;
* provide you with all reasonable assistance, subject to reasonable compensation, to enable you to comply with your legal obligations relating to the processing of data under or in connection with this Agreement;
* cooperate with you, subject to reasonable compensation, to enable you to comply with any exercise of rights by a data subject under laws related to the processing of personal data under or in connection with this Agreement, and such cooperation includes:
* auditing our data processing facilities or monitoring processing activities, at your request and expense;
* as of May 25, 2018, the creation and maintenance of a register of data processing activities related to the processing of personal data under or in connection with this Agreement ;
* unless otherwise required by the Agreement or by law, the immediate cessation of processing of personal data on termination or expiry of this Agreement and, as soon as reasonably practicable thereafter, at your option, the secure return or deletion of personal data from our systems together with any copies thereof or information contained therein. At your request, we will confirm in writing that this clause has been complied with in full.

* unless otherwise required by the Agreement or by law, the immediate cessation of processing of personal data on termination or expiry of this Agreement and, as soon as reasonably practicable thereafter, at your option, the secure return or deletion of personal data from our systems together with any copies thereof or information contained therein. At your request, we will confirm in writing that this clause has been complied with in full.

F. Personal Data processed under this Agreement may not be transferred to a country outside the European Economic Area without your prior written consent.

## ARTICLE 12 - FORCE MAJEURE
A. Neither Party shall be liable under this Agreement if it fails to perform its obligations under this Agreement due to force majeure.

B. A Party suffering from an event of force majeure must inform the other Party as soon as reasonably possible and describe the said event of force majeure and its consequences. The Party concerned shall use commercially reasonable efforts to minimize, as far as possible, the effects of the force majeure event.

## ARTICLE 13 - INTUITU PERSONAE
This Agreement is personal and may not be assigned or sublicensed, nor may this Agreement or any of its rights or obligations be transferred, in whole or in part, to any third party without our prior written consent.

E. This Agreement shall be governed by and construed in accordance with Belgian law, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods. Any dispute arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of Brussels (Belgium).

Last update: March 2018.

By creating a premium access account, you acknowledge that Timbtrack gives you access to a free version of its digital services for the management and classification of forestry data.

These services are offered by I.B.R. SA (BE 0668.896.459), which owns the "Timbtrack" trademark.

In order to make these services work properly, Timbtrack needs to use your personal data to create your access, make it secure and create links between users of the Timbtrack community.

The personal information we collect is as follows:

- Your Last Name
- Your first name
- Your e-mail address
- Your phone number
- Your property address(es)

Your data will never be sold to third parties without your explicit consent. We guarantee that, without your permission, this sensitive information will never be used for any purpose other than to run Timbtrack's digital services.

When you give your consent, you receive personal, protected access to the service known as the "Platform". This can be accessed via the "Login" on the www.timbtrack.com web page, with your username and password, known only to you. Please note: we recommend that you keep this access strictly confidential.

You can view, edit or request the deletion of your personal data at any time.

We are at your disposal for any questions you may have at the following e-mail address: info@timbtrack.com, or via the platform's Chat system.


The Timbtrack team