Last updated on September 13, 2024
We want you, and all of your Elium users, to feel comfortable and secure sharing your data with us and using our platform. This is why we’ve gathered all the information you need to know in this legal section. Click on the documents hereabove to navigate through all the content.
We may update our policies from time to time, at our discretion and without notice, in order to clarify them, or to comply with legal obligations. The “Last Updated” mention at the top of each document indicates the last revision, which is also the effective date of those changes. These documents are public on Elium’s website, and you will be able to track the changes for any new version. If you continue to use our services after such a change, you agree to our updated policies.
For any comments or questions, get in touch with [email protected]
Between you (referred to hereinafter as “the Subscriber”) and WHATEVER S.A., public limited company, having its registered administrative offices at Rue Emile Francqui 1, B 1435 Mont-Saint-Guibert, Belgium, enterprise VAT number BE 0889 962 726, referred to hereinafter as ”Elium”, Referred to hereinafter individually as a “Party”, or jointly as the “Parties”, It has been agreed as follows :
| Account | all User accounts created by or on behalf of the Subscriber within a Service Plan. | |
| Activate/Activation | the action by Elium to make Seat(s) operational for the Subscriber. | |
| Activation Date | the date of Activation of the Seat(s) by Elium. | |
| Affiliate | as regard to the Subscriber, means any entity which is directly or indirectly controlled by the Subscriber, and any other subsidiary (i.e. non-controlled) provided that both Parties agree in writing to include it in the scope of the Agreement. | |
| Agreement | the current document, including its appendices. | |
| Article | unless specified otherwise, it refers to an article of the Agreement. | |
| Beta Services | a product, service or functionality provided by Elium that may be made available to the Subscriber to try, which is clearly designated as beta, pilot, limited release, non-production, early access, evaluation, labs or by a similar description. | |
| Billing Area | the place where the Subscriber finds all data of its account, including the payments and invoices, the current terms and conditions, etc. | |
| Confidential Information | all information (whether commercial, financial, technical or otherwise) relating to a Party, its subcontractors, other customers and suppliers, disclosed to or otherwise obtained by the other Party under or in connection with the Agreement and which is either designated as being confidential, or which is by its nature clearly confidential. | |
| Documentation | any written or electronic documentation, image, video, text or sound specifying the functionalities of the Service or describing Service Plans, as applicable, provided or made available by Elium to the Subscriber. | |
| Official Notice | shall have the meaning given to it in the Agreement under Article 18. | |
| Order Form | any Elium generated service order form executed or approved by the Subscriber with respect to its subscription to the Service, which form may detail, among others the number of Users registered to the Service and the Service Plan applicable to the subscription. | |
| Personal Data | has the meaning given to it by the General Data Protection Regulation 2016/679 and any other applicable personal data protection regulation. | |
| Seat | any account Activated by Elium and administered and managed by the Subscriber. | |
| Service/Services | as described in the Service Plan. It includes its underlying software, its Updates and any Documentation provided by Elium to the Subscriber in connection therewith. | |
| Service Plan | means the packaged service plan(s) and the functionality and services associated therewith (as detailed in the Billing Area) for the Service selected by the Subscriber in the Order Form. | |
| Subscriber | the person who executes and approves the Agreement, and administers the Seat(s). | |
| Subscription Period | the basic duration of a Service Plan, as specified in the Order Form. | |
| Updates | any new or modified features added to or reducing or augmenting or otherwise modifying the Service or other updates, modifications or enhancements to the Service. | |
| User | any own employees, officers, directors or other members of the Subscriber’s personnel, and of its service providers, partners or customers, whom the Subscriber has authorized to use the Service by giving an access through a Seat, identified through a unique login. | |
| User Data | any electronic data, text, messages or other materials submitted to the Services by the Subscriber and/or by Users, including, without limitation, Personal Data. |
As from the Activation Date and subject to all terms and conditions of the Agreement, all Seats of the Subscriber will be subject to the same Service Plan.
The service level corresponding to the Service Plan is specified in the Service Plan specification.
Elium reserves the right to at any time deploy Updates, subject to the provisions of the Agreement.
A high-speed Internet connection is required for the proper transmission of the Service. The Subscriber is responsible (1) for procuring and maintaining the network connections that connect its network to the Service, including, but not limited to, “browser” software that supports protocols used by Elium, including the Secure Socket Layer (SSL) protocol or other protocols accepted by Elium, and (2) to follow the procedures for accessing services that support such protocols.
Elium is not responsible for notifying Users of any upgrades, fixes or enhancements to any such software or for any compromise of data, including the User Data, transmitted across computer networks or telecommunications facilities (including but not limited to the Internet) which are not owned, operated or controlled by Elium.
Elium assumes no responsibility for the reliability or performance of any connections as described in this clause.
There are two types of domain names depending on the selected Service Plan:
From time to time, Elium may make Beta Services available to the Subscriber and the Subscriber may choose to try such Beta Services in its sole discretion.
Beta Services are intended for evaluation purposes and not for production use, are not supported, and may be subject to additional terms.
Beta Services are not considered as “Services” under the Agreement; however, all restrictions, Elium’s reservation of rights and the Subscriber obligations concerning the Service shall apply equally to the use of Beta Services.
Unless otherwise stated, any Beta Services trial period will expire upon the earlier of one (1) year from the trial start date or the date that a version of the Beta Services becomes generally available without the applicable Beta Services designation.
Elium reserves the right to discontinue Beta Services at any time at its sole discretion, or never make them available in production.
Elium will have no liability for any harm or damage arising out of or in connection with the use of a Beta Service.
The Subscriber takes all responsibility for the creation, administration and management of the Seats. Each Seat is strictly personal to the User associated therewith and may only be used by that individual person.
The Subscriber shall inform Elium promptly if it becomes aware of any suspected, unauthorized or prohibited use of a Seat, User password, or of the Service.
Elium may, at its sole discretion, choose to offer credits for the Service in various ways, including but not limited to coupons or promotional campaigns (such as free trial).
Such credits
To register, the Subscriber shall use an e-mail address.
If the Subscriber chooses to register via a third party account (i.e. Google Sign-In), it must adhere to the authentication and rights of use set forth by such third party service. The Subscriber represents and warrants that it has the right and authority to access the Service via that e-mail address.
If the Subscriber accesses the Service with an e-mail address provided by its employer, the Subscriber confirms that it is permissible for it to use such e-mail address associated with its employer’s domain and that its use of the Service shall be in compliance with its employer’s terms and policies, as well as any third party service authentication and rights of use policies (i.e. Google Sign-In). It is the Subscriber’s sole responsibility to check that its use of the Service is in conformance with its employer’s and/or e-mail provider’s access rights and data handling practices. Elium cannot control, and is not responsible for, the practices or restrictions imposed by the Subscriber’s employer and/or e-mail provider surrounding its use of the Service.
When the Subscriber uses promotional credits specified in Article 5, the subscription procedure consists in filling the appropriate Order Form, with the requested information and the selection of a Service Plan.
Before the end of the promotional credits period, the Subscriber may opt for a paying Subscription, as specified hereunder.
Under a promotional credit period, the Service will be available until the earlier of (1) the end of the promotional credits period; (2) the Activation start date of any paying subscription by the Subscriber; or (3) Elium’s decision to terminate the promotional credits period, at its sole discretion.
At the end of the promotional credit period, unless a paying Subscription is initiated, Elium will delete all Seats and all User Data.
For an initial subscription, the Subscriber fills the Order Form with the requested information and the selected Service Plan, the number of Seats and the Subscription Period. The number of Seats selected will be Activated after the payment is processed by Elium.
At the end of the Subscription Period, the subscription will be automatically renewed under the same Service Plan for the same Subscription Period and the same number of Seats, and the Subscriber will be charged with the corresponding fees.
At any time, the Subscriber may subscribe to additional Seats (under the same Service Plan) by filling an Order Form; the subscription fees for the additional Seats are calculated prorata temporis until the end of the current Subscription Period, and the Subscriber will be charged with the corresponding fees.
If the Subscriber has opted to pay by credit card, he may, at any point in time, reduce the number of Seats by filling an Order Form; there will be no refund of subscription fees.
If the Subscriber has opted to pay by invoice, he may elect to reduce the number of Seats for the next Subscription Period by filling an Order Form at the latest three (3) calendar months before the end of the current Subscription Period.
If the Subscriber has opted to pay by credit card, he may, at any point in time, to switch to another Service Plan for all current Seats; the additional subscription fees (as the case may be) are calculated prorata temporis until the end of the current Subscription Period, and the Subscriber will be charged with the corresponding fees. In case of downgrading of Service Plan, there will be no refund of subscription fees.
If the Subscriber has opted to pay by invoice, he may elect to upgrade its Service Plan for all current Seats at any point in time by filling an Order Form. The additional subscription fees (as the case may be) are calculated prorata temporis until the end of the current Subscription Periods, and the Subscriber will be charged with the corresponding fees.
If the Subscriber has opted to pay by invoice, he may elect to downgrade its Service Plan for all current Seats for the next Subscription Period by filling an Order Form at the latest three (3) calendar months before the end of the current Subscription Period.
Except for the Subscriptions under promotional credits, before the end of the current Subscription Period, the Subscriber may ask for a copy of the User Data. Elium will make such copy available to the Subscriber in a standard data format, at no additional charge.
Before the expiration of the Subscription Period, either Party may elect to terminate the subscription at any time, by providing an Official Notice to the other Party, taking into account the following notice period :
The Subscription will then terminate at the end of the current Subscription Period.
At the end of the current Subscription Period, unless a new paying Subscription Period is started, Elium will delete all Seats and all User Data.
Upon termination due to unpaid invoices at the due date, Elium will delete all Seats and all User Data corresponding to the unpaid invoice.
The subscription fees for the selected Service Plan are specified in the Billing Area.
The subscription fees for the initial Subscription Period and each renewal, increase in the number of Seats, or upgrade of the Service Plan will be calculated based on Elium’s then-current pricing as specified on the Elium website, unless otherwise agreed to by the Parties in the applicable Order Form or otherwise in writing. In the Order Form, the Subscriber provides the requested information, selects a Service Plan, specifies the number of Seats, the Subscription Period and a method of payment.
If the Subscriber has opted to pay by credit card, the fees are immediately debited from the Subscriber credit card account specified in the Order Form.
If the Subscriber has opted to pay upon invoice, the invoice is due upon thirty (30) days invoice date.
In all cases, an invoice is generated and put in the Subscriber Billing Area and an e-mail message is sent to the Subscriber’s address.
Unpaid invoices at the due date will result in the immediate cancellation and termination of the corresponding order.
All fees are committed amounts, and are non-cancelable and non-refundable.
Unless stated otherwise, all fees are exclusive of VAT (or any other tax).
Elium reserves the right to refuse the registration of a Subscriber.
Elium shall have the right to occasionally communicate to the Users some necessary information regarding updates, release notes, best practices and surveys, and the use, operation or maintenance of the Service.
Elium reserves the right to modify, suspend or terminate the Service (or any part thereof), the subscription, or any Seat, and remove, disable and discard any of the User Data if Elium has reasons to believe that the Subscriber has violated any provision of the Agreement. When taking any of the foregoing actions and unless legally prohibited from doing so, Elium will use commercially reasonable efforts to notify the Subscriber via email.
Elium accepts no liability whatsoever to the Subscriber or any other third party for any such modification, suspension or discontinuation of the Subscriber’s access and use of the Service.
Any suspected fraudulent, abusive, or illegal activity by the Subscriber may be referred to law enforcement authorities at Elium’s sole discretion.
All User Data remains the property of the Subscriber. The Agreement does not transfer any rights on any User Data to Elium.
All rights, title and interest related to the Service and to all software used to provide the Service, including all related intellectual property rights, will remain with and belong exclusively to Elium.
Elium shall have a worldwide, non-exclusive, perpetual, irrevocable, royalty-free license to use, share and incorporate into the Services any suggestion, enhancement request, recommendation, correction, translation or other feedback provided by the Subscriber, for any purpose, without compensation.
Elium’s service names and logos used or displayed on the Service are trademarks; the Subscriber may only use such names and logos to identify itself as a Subscriber.
Elium will maintain commercially reasonable administrative, physical and technical safeguards to protect the security, confidentiality, and integrity of the User Data. These safeguards include encryption of the User Data in transmission (using SSL or similar technologies). Elium’s compliance with the provisions of this clause shall be deemed compliant with Elium’s obligations on confidentiality in Article 12.
The Subscriber agrees that Elium shall have the right to access the Seats and to use, modify, reproduce, distribute, display and disclose the User Data solely to the extent necessary to provide the Service, including, without limitation, in response to the Subscriber support requests. Any third party service provider called by Elium will only be given access to the User Data as is reasonably necessary to provide the Service and will be subject to (a) confidentiality obligations which are commercially reasonable and substantially consistent with these provisions ; and (b) their agreement to comply with the data transfer restrictions applicable to Personal Data.
Elium may also access or disclose information about Users, including the User Data, in order to (a) comply with the law or respond to lawful requests or legal process ; (b) protect Elium’s or its customers’ or partners’ rights or property, including enforcement of the Agreement or other policies associated with the Service ; (c) act on a good faith belief that such disclosure is necessary to protect personal safety or avoid violation of applicable law or regulation.
Elium collects certain information about Users as well as the Subscriber and their respective devices, computers and use of the Service. Elium uses, discloses, and protects this information as described in Elium’s Privacy Policy, the then-current version of which is available at www.elium.com/privacy*policy and is incorporated into the _Agreement*.
To the extent the User Data include any Personal Data, the Subscriber acknowledges in all cases that Elium acts as the processor of such Personal Data and that the Subscriber remains the controller of such Personal Data for GDPR and any other applicable Personal Data protection regulations. The Subscriber understands that if it gives an integration provider access to the Subscriber Elium account, the Subscriber serves as the controller of such information and the integration provider serves as the processor for the purposes of those data laws and regulations that apply to the Subscriber. In no case are such integration providers subprocessors of Elium. The Appendix 1 to the Agreement includes Data Processing Agreement between the Subscriber and Elium which shall govern the terms of Elium’s processing of Service Data.
The User Data is currently hosted by Elium or its authorized service partners in data centers located in the European Economic Area. If the Subscriber’s principal location is within the European Economic Area, Elium will use commercially reasonable efforts to notify it at least thirty (30) days before Elium’s election to host Personal Data provided to Elium in connection with the use of the Service, in data centers located outside the European Economic Area.
If the Subscriber is entitled to this notice and does not wish to have the Personal Data hosted in data centers located in such other country, the Subscriber may terminate the subscription with immediate effect upon written notice to Elium within thirty (30) days of the Subscriber receipt of Elium’s notice.
In respect of Confidential Information of which it is the recipient, each Party undertakes:
The obligations in this Article will not apply to any Confidential Information which:
The provisions of this Article will continue in force notwithstanding the termination of the Agreement for any reason, for a period of five (5) years after such termination.
Elium warrants that the Service will perform in a manner consistent with generally accepted industry standards and that the Service will substantially perform in accordance with the Service Plan. The Services uses state-of-the-art security technology including user authentication, secured firewalls and secured communication links.
Elium makes neither warranty as to the merchantability or fitness for a particular purpose of the Service, nor that the Services will be uninterrupted or 100% error-free.
Either Party shall indemnify, defend and hold harmless, at its sole expense, the other Party and its directors, officers, employees and agents from any claims, liabilities, damages, losses, costs and expenses (including reasonable attorney fees) arising out of or connected with the Subscriber’s (and its Users’) use of the Service and the User Data, and Elium’s supply of the Services (including but not limited to infringement of third party rights and breaches of the law) or breach of the Agreement.
To the maximum extent permitted by law, the total aggregate liability of each Party for all claims for damages, arising from negligence, breach of contract or otherwise under or in connection with the Agreement shall be limited to the amounts of subscription paid by the Subscriber during the twelve (12) months period preceding the damage causing event.
Neither Party will be liable hereunder to the other Party for any indirect or consequential damages, even if such Party has been advised of the possibility of such damages.
Elium shall not be liable for any interruption in the Service that is due to circumstances beyond its reasonable control (such as but not limited to internet, network or electronic communications delays, or (delivery) failures or interruptions caused by its third party service providers), or to a Force Majeure event.
Neither Party shall be liable to the other for failure to comply with the Agreement to the extent caused by any Force Majeure event, including acts of God or alien attacks, subject to the Party being unable to comply with the Agreement immediately giving notice to the other Party, such notice containing the following information: (1) details of the Force Majeure event that has occurred ; (2) the date from which the Force Majeure event has prevented or hindered the Party in the performance of its Services ; (3) the Services so affected ; and (4) its best estimate of the date upon which it may be able to resume performance of the affected Services. Such notice will be confirmed by Official Notice within two (2) business days of the occurrence of the Force Majeure event.
Meanwhile, the affected Party will continue at all times to take all steps to (1) resume full performance of its obligations under the Agreement, and (2) mitigate the consequences of the Force Majeure event.
Subject to written confirmation of the assignee to Elium that it agrees to remain bound by all provisions hereof, the Subscriber may assign the Agreement only to (a) a purchaser of or successor to substantially all of its business, or (b) an Affiliate; provided such purchaser, successor or Affiliate is not, or (at the time of the assignment) will reasonably not become, a competitor of Elium.
Each Party may mention the other Party in any communication to the public referring to its commercial references and use the other Party‘s logo and trademark for this purpose. This right to use the name, logo and other trademarks in its marketing materials and press releases is non-exclusive, non-transferable and free.
Any communication containing additional details about the project must be submitted to prior validation by the Subscriber.
All official communications necessary for the application of the Agreement shall be delivered in writing by any of the following delivery methods, and shall be deemed to have been received as follows :
| Delivery method | Assumed reception | |
|---|---|---|
| by registered Postal letter | two (2) business days after being deposited | |
| by a nationally recognized delivery service to the address below | one (1) business day after being deposited | |
| by e-mail with delivery receipt to the e-mail address below | one (1) business day after being sent |
| The Subscriber | Elium / WHATEVER S.A. | |
|---|---|---|
| Postal address and e-mail addresss as specified in the Order Form | Rue Emile Francqui 1 – B-1435 Mont-Saint-Guibert, Belgium For the attention of the CEO |
Any change to these data shall be communicated by Official Notice to the above address.
The Agreement is governed by, and shall be interpreted in accordance with, the Belgian law.
The Parties agree that all disputes arising out of or in connection with the Agreement shall be finally settled by one or more arbitrators under the rules of arbitration of the International Chamber of Commerce. The arbitration shall be conducted in English and the seat of the arbitration shall be Brussels (Belgium). Each Party irrevocably submits to the jurisdiction of such arbitrators and waives any objection to proceedings before any such court on the ground of venue or on the ground that proceedings have been brought in an inconvenient forum.
The Agreement, including its Appendixes and the Order Forms, constitutes the entire agreement between the Parties on the subject of the Services and supersedes and replaces all previous representations, negotiations, engagements, and written communications on this subject.
The nullity or non-applicability of one of the clauses in the Agreement shall not compromise the continued validity or the applicability of the Agreement as a whole or of the remaining terms or rights.
The original version of the Agreement has been made in English. Should the Agreement be translated in whole or in part into another language, the original English version shall prevail between the Parties hereto to the fullest extent possible.
The Agreement consists of the body of the Agreement and the Appendices.
In the event of any conflict between the provisions of the body of the Agreement and those of its Appendices, the provisions of the Appendices shall prevail, it being understood that the provisions of a more recent Appendix prevail on those of an older one.
Upon signature of the Agreement, the following appendices are an integral part of the Agreement:
This Data Processing Agreement (the “DPA”) is made between the Subscriber, as registered in the Order Form, hereinafter called “Subscriber”, and Whatever SA, with registered office at Rue Emile Francqui 1, 1435 Mont-Saint-Guibert, Belgium, and listed in the national Companies Register under company number: 0889.962.726, hereafter referred to as “Elium”, Hereinafter called separately the “Party”, or collectively the “Parties”. Preamble Given that :
The Parties have agreed that the preamble in the Appendix is binding on them and further also agree as follows :
In this agreement, the following terms will have the following meaning, taken from the GDPR Regulation :
| Article | unless specified otherwise, it refers to an article of the Appendix. | |
| Controller | see Data Controller. | |
| Data | see Personal Data. | |
| Data Breach | a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, personal data transmitted, stored or otherwise processed » (GDPR Article 4.12). | |
| Data Controller or simply Controller | the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the Controller or the specific criteria for its nomination may be provided for by Union or Member State law » (GDPR Article 4.7). Within the scope of the Agreement, the Controller is the Subscriber. | |
| Data Processor or simply Processor | a natural or legal person, public authority, agency or other body which processes personal data on behalf of the Controller » (GDPR Article 4.8). Within the scope of the Agreement, the Processor is Elium. | |
| Data Subject | an identified or identifiable natural person (GDPR Article 4.1). | |
| Data Subprocessor or simply Subprocessor | third parties possibly engaged by Elium to provide parts of the Services, as specified under Article 12. | |
| Documented Instructions | are the functional specifications of the Service Plan, complemented with any documented instructions from the Subscriber which have been expressly approved by Elium. | |
| Notification | is the official notification of one Party to the other Party, according to the provisions of Article 16. | |
| Personal Data or simply Data | any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person » (GDPR Article 4.1). In the Appendix, Data refers to the personal data which Elium receives from the Subscriber, or to which the Subscriber gives it access. | |
| Processing, and, by extension, Process or Processed | any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction » (GDPR Article 4.2). | |
| Processor | see Data Processor. | |
| Services | the services provided by Elium to the Subscriber under the Agreement. | |
| Subprocessor | see Data Subprocessor. | |
| Subscriber | the person who executes and approves the Agreement, and administers the Seat(s). | |
| Term | the period from the date of signature of the Appendix until the end of provision of the Services, including, as the case may be, any post-termination period during which Elium may continue to provide the Services for transitional purposes. | |
| Third Country | is a country outside of the European Economic Area (EU + Iceland, Lichtenstein, Norway). |
In the performance of its missions, the Subscriber Processes Data. In order to execute the Processing covered by the Agreement, the Subscriber will give access to, and/or transfer to Elium the Data which the Subscriber deems necessary.
The provisions of the Appendix apply during the Term and will remain in effect until deletion of all Data by Elium or by the Subscriber as specified in Article 10.
The Subscriber certifies that it has collected the Data – be it “normal” Data (in the sense of GDPR Article 6) or “special” or “sensitive” Data (in the sense of GDPR Article 9) – in accordance with all applicable legislation with respect to data protection.
The details of Processing entrusted by the Subscriber to Elium (i.e. the object of Processing, the nature and purpose of Processing, the type of Data, the categories of data subjects, the Subprocessors and the security measures applied by Elium) are specified in Schedule 1 to the Appendix.
Elium recognises the importance of appropriate Data protection and confirms that each Processing will be executed in accordance with the Documented Instructions and to any applicable legislation with respect to data protection.
Elium Processes the Data only on the Documented Instructions, including with regard to transfers of Data to a Third Country or an international organization, unless required to do so by Union or Member State law to which Elium is subject; in such a case, Elium shall inform the Subscriber of that legal requirement before Processing, unless that law prohibits such information on important grounds of public interest (GDPR Article 28.3.a).
Elium shall immediately inform the Subscriber if, in its opinion, an instruction infringes the GDPR or other Union or Member State data protection provisions (GDPR Article 28.3.last §).
Unless forbidden by law, Elium will inform the Subscriber without delay when Elium or any of its Subprocessors :
With regard to the Processing, the complete instructions of the Subscriber to Elium comprise the Agreement and its Appendixes, the other documents included or incorporated by reference as well as any other agreement between the Parties, including any complementary or alternative instruction agreed in writing between the Parties.
Elium recognises that, if it determines the purposes and means of Processing, Elium shall be considered to be a Controller in respect of that Processing (GDPR Article 28.10).
These records comprise (GDPR Article 30.2) : a) the name and contact details of Elium and of the Subscriber, and of the data protection officer; b) the categories of Processing carried out on behalf of the Subscriber; c) where applicable, transfers of personal data to a Third Country or an international organisation, including the identification of that Third Country or international organisation and, in the case of transfers referred to in the second subparagraph of Article 49(1) [of the GDPR], the documentation of suitable safeguards; d) a general description of the technical and organisational security measures referred to in GDPR Article 32 §1.
Elium certifies that it will inform and train its collaborators who Process Data, in accordance with applicable regulatory provisions.
Elium is responsible for the user identity management and for the authentication methods such as passwords and tokens attributed to its collaborators. Elium recognises that the protection of these authentication methods is an integral part of its own security policies and procedures, and takes all necessary measures to protect them adequately.
Elium and its collaborators will only access the Data supplied by the Subscriber for the purposes directly bound to their mission, as described in the Agreement.
When deleting Data, electronic media or paper documents during the Term, Elium shall in all circumstances delete them in a sure manner, in such way that their results will cease to be either readable or usable for any purpose whatsoever.
The Subscriber agrees that, without prejudice to Elium’s obligations under this Article and Article 12 (Data Breach), the Subscriber is the sole responsible for (1) making appropriate use of the Services to ensure a level of security appropriate to the risk in respect of the Data, and (2) securing the account authentication credentials, systems and devices which the Subscriber uses to access the Data.
Elium has no obligation to protect Data that the Subscriber elects to store or transfer outside of Elium’s and its Subprocessors’ systems (for example, on-premises or offline storage).
Elium shall take appropriate technical and organisational measures to (1) protect the Data from any Data Breach, as specified under Article 12 (Data Breach), and (2) provide commercially reasonable assistance to help the Subscriber fulfil its obligation to follow up on the requests brought by the Data Subjects in the exercise of their rights (GDPR Article 28.3.e), as specified under Article 12.
Elium warrants that the persons it authorises to Process the Data will respect the confidentiality of said Data, especially if and where they would otherwise not be submitted to an appropriate legal obligation of confidentiality (GDPR Article 28.3.b).
During the Term : Elium’s Services include tools enabling the Subscriber to delete Data during the Term in a manner consistent with the functionality of the Services. In case the available tools do not enable such deletion, the Subscriber may instruct Elium to delete the relevant Data from Elium’s systems in accordance with the applicable law (GDPR Article 28.3.g). Elium will comply with this instruction as soon as reasonably practicable, unless EU or EU Member State law requires storage of the Data.
At the end of the Term : Within a reasonable timeframe before the end of the provision of Services, the Subscriber may require that Elium transfers all Data back to it ; either following the successful transfer of all Data, or without delay if such transfer was not requested within ten (10) working days of the end of the provision of the Services, Elium (1) deletes all Data from its systems, and (2) deletes all existing copies, unless Union or Member State law requires storage of the Data (GDPR Article 28.3.g).
Deletion : When it deletes Data or electronic media or paper documents, Elium always deletes them in a secure manner, in such a way that their results are neither readable nor usable for any purpose. For the sake of clarity, | delete » or | deletion » means the complete, integral and irreversible erasure of the Data.
No transfer of Data to a Third Country or to an international organization will be authorised except with the Subscriber’s prior written agreement ; if Elium is submitted to a different legal obligation, then it will inform the Subscriber of such legal obligation before the Processing, unless that law prohibits such information on important grounds of public interest (GDPR Article 28.3.a).
Any transfer of Data by Elium to a Third Country shall be submitted to the respect of legally recognised mechanisms for Data transfer to a Third Country, including the execution of an additional Agreement for Data Processing on the basis of standard data protection provisions approved by the European Commission.
The list of Subprocessors identified at the date of signature of this Appendix is specified in Schedule 1.
The Subscriber gives a general authorisation to Elium to engage Subprocessors (GDPR Article 28.2).
Elium will notify the Subscriber of any update to the list of Subprocessors, at least thirty (30) days before the new Subprocessor Processes its Data, thereby giving the Subscriber the opportunity to object to such change (GDPR Article 28.2). Such Notification will be made according to Article 16.
If the Subscriber has justified and reasonable objections to a new Subprocessor, properly notified to Elium, the Subscriber’s sole and exclusive remedy will be to terminate the Agreement immediately, upon written notice to Elium, provided such notice is issued within thirty (30) days of Elium’s Notification to the Subscriber.
With each Subprocessor, Elium shall execute written Agreements containing obligations which are no less protecting than the obligations of the Appendix, in particular with respect to sufficient warranties about the implementation of appropriate technical and organisational measures, in such a way that the Processing will meet the contractual requirements (GDPR Article 28.4). In particular, Elium will ensure that each Subprocessor which Processes Data (1) shall be authorised to Process these Data exclusively to execute the Processing specified by Elium, and (2) shall refrain from using these Data for any other purpose.
In case the Subprocessor does not fulfil its obligations with respect to Data protection, Elium remains totally responsible towards the Subscriber of the performance by the Subprocessor of its obligations according to the Agreement, including the Appendix covering Data protection.
When it notices a Data Breach or when it is victim of one, or when it is notified of one by a Subprocessor, Elium will deliver a Notification to the Subscriber without undue delay after having become aware of it.
Elium will not assess the contents of Data involved in a Data Breach. The Subscriber is the sole responsible for (1) complying with incident notification laws applicable to the Subscriber, and (2) fulfilling any third-party notification obligation related to any Data Breach.
Elium agrees to cooperate with the Subscriber to the examination of the Data Breach, and to provide commercially reasonable assistance as necessary to mitigate or remediate the Data Breach (GDPR Article 33.5).
Elium’s notification of, or response to, a Data Breach under this Article will in no way be construed as an acknowledgement of any fault or liability with respect to such Data Breach.
The Subscriber is the sole responsible for processing the requests from Data Subjects in connection with the Processing.
When Elium is able to identify with certainty, with a reasonable effort, the relationship between the Data Subject and the Subscriber, Elium shall promptly inform the Subscriber of the request of the Data Subject or of any other request relating to the Agreement received by it or by any Subprocessor. Elium shall not respond to the substance of the request but shall acknowledge receipt of it.
If Elium cannot identify with certainty the relationship between the Data Subject and the Subscriber, Elium‘s only obligation is to reply to the Data Subject that it is not the controller of the Data Subject‘s personal data and that the Data Subject must address his request to the controller concerned.
Elium will provide commercially reasonable assistance to the Subscriber in fulfilling its obligation to respond to requests from Data Subjects (GDPR Article 28.3.e).
Where the Subscriber is required to provide information to a Data Subject in connection with the Processing or to take any other action reasonably required to comply with the Data Subject‘s requests, Elium shall make all required information available to the Subscriber in a format required to comply with such requests from the Data Subject.
In the event of a dispute or other claim by a Data Subject concerning the Processing against a Party, the Parties shall inform each other without delay and undertake to cooperate and coordinate with a view to effectively defending themselves against such claims and/or settling them amicably and promptly.
If the Subscriber is obliged to perform a data protection impact analysis, Elium will provide commercially reasonable assistance and support to the Subscriber in the performance of such analysis in order to enable the Subscriber to respect its obligations with regard to that matter.
The Subscriber reserves the right to proceed with any verification which it would deem useful to establish the respect by Elium of the obligations specified in the Agreement.
The Subscriber has the right to carry out an audit mission, at its own costs, at most once (1) a year at the Elium premises where the Data is being Processed, to check the proper respect of the Agreement.
Upon request from the Subscriber, Elium shall communicate to the Subscriber all information necessary to (1) demonstrate the respect of its obligations, to (2) enable the performance of audit missions, including inspections, by the Subscriber or another auditor mandated by it, or a competent authority, and to (3) contribute to these audit missions (GDPR Article 28.3.h).
Upon request from the Subscriber, Elium shall make commercially reasonable efforts to communicate to the Subscriber all information necessary to (1) demonstrate the respect of its obligations, to (2) enable the performance of audit missions, including inspections, by the Subscriber or another auditor mandated by it, or a competent authority, and to (3) contribute to these audit missions (GDPR Article 28.3.h). This information shall be considered as Elium’s Confidential Information under the confidentiality provisions of the Agreement.
A notification from Elium to the Subscriber will be sent to the Subscriber’s e-mail address specified in the Order Form, using e-mail with registered return receipt, and will be deemed having been received one (1) working day after the date of electronic mailing.
A notification from the Subscriber to Elium will be sent to [email protected] using e-mail with registered return receipt, and will be deemed having been received: one (1) working day after the date of electronic mailing.
In case of discrepancy between the terms of the DPA and those of the body of the Agreement, the DPA terms will prevail.
Elium’s provision of the Services and related technical support to the Subscriber.
The applicable Subscription Term (as defined in the Terms) plus the period from expiry of such Subscription Term until deletion of all Service Data by Elium in accordance with the DPA.
Elium Processes the Data for the purposes of providing the Services and the related technical support to the Subscriber in accordance with the DPA.
The Data may include the following categories of data: user IDs, email, documents, presentations, images, calendar entries, tasks and other data.
The Data may concern the following categories of Data Subjects: the Users.
Between you (referred to hereinafter as “the Subscriber”) and WHATEVER S.A., public limited company, having its registered administrative offices at Rue Emile Francqui 1, B 1435 Mont-Saint-Guibert, Belgium, enterprise VAT number BE 0889 962 726, referred to hereinafter as ”Elium”, Referred to hereinafter individually as a “Party”, or jointly as the “Parties”, It has been agreed as follows :
Terms defined but not defined herein shall have the meaning given to them in the Agreement.
‘Elium AI”: The set of Artificial Intelligence functionalities provided by Elium and whether or not integrated into the Services.
‘Services”: The services provided by Elium to the Subscriber in accordance with the Services Contract.
These terms of use define and set the conditions under which the Subscriber may use the Artificial Intelligence functionalities of Elium (hereinafter referred to as ‘Elium AI’).
The Subscriber acknowledges that it has read, understood and agrees to be bound by these terms and conditions. The Subscriber represents and warrants that it has full authority to enter into these terms and conditions and, if acting on behalf of a company, that it has the authority to bind that company to these terms and conditions.
In addition, the Subscriber acknowledges and understands that the ‘Microsoft Generative AI Services OpenAI Terms of Service’ code of conduct available here governs the use of Elium AI.
The information generated and returned by Elium AI (‘Output’) is based on the metadata processed on and by the Solution (‘Input’), Input and Output being collectively referred to herein as ‘Content’. The Subscriber is solely responsible for the compliance of the Content with applicable laws and these Artificial Intelligence Terms of Use. As between the Parties and to the extent permitted by applicable law, the Subscriber is the owner of the Input and is hereby granted rights, title and interest in and to the Output. The Content may be used for any lawful and legal purpose, including commercial and publication purposes, at the Subscriber’s risk. Before publication, it is necessary to add a statement indicating that the Output has been generated by Artificial Intelligence tools. Due to the nature of machine learning, results may not be unique and AI features may generate identical or similar results for other users.
Elium does not guarantee the accuracy of the results generated by Elium AI. Given the probabilistic nature of machine learning and AI, the use of Elium AI may, in certain situations, result in incorrect results that do not accurately reflect the action generated. The Subscriber must evaluate the accuracy of any result and should not rely on Elium to do so.
The Subscriber hereby represents and warrants that it will not, nor will it permit anyone on its behalf, including any Authorised User, to:
The data collected can be used to train and improve the LLM used by the AI functionality. The LLM is a machine learning model that enables the AI functionality to generate text, translate languages, answer questions and perform other tasks. Training the LLM using customer data improves its accuracy and efficiency.
Subscriber data will only be used for the Subscriber’s use of the AI functionality and will not be shared with other Elium Subscribers.
Elium AI is provided by third party vendors; currently, Elium uses AI functionality provided by artificial intelligence technology developed and provided by Microsoft Azure OpenAI Service (‘Azure OpenAI’). Elium has no control over the use of the data provided. Accordingly, any use of such data is at the Subscriber’s sole risk and Elium makes no representation, undertaking or warranty as to the security or control of the data provided. However, data provided to the Microsoft Azure OpenAI service through the AI :
Refined Azure OpenAI models, used to enhance AI features, are available exclusively to the Subscriber.
Elium engages onward subprocessors that process some data submitted from Elium Platforms. The current list of these subprocessors is maintained here and is subject to update over time.
These services providers are necessary for the operation of our customers platforms. In order to meet the requirements of the GDPR, we choose the use of services located in Europe.
Database services for customer platforms are hosted and managed by Aiven. This service is on Google Cloud services located in Belgium, Europe (west-b1). More details about Aiven security is available here
Metadata from websites loaded on customer platforms are extracted using Embed’ly.
Application services and customer data are hosted by Google. These services are on Google Cloud Platform and Google Cloud Storage services located in Europe (west-b1). Google Cloud Platform has some security certification like ISO/IEC 27001, HIPAA, FedRAMP, SOC-1, Cloud Computing Compliance Controls Catalog (C5). More details about Google Cloud Platform security is available here
Feedbacks from users of customers platforms are received using Refiner. This service allows us to improve the user experience of Elium.
Sending and receiving e-mails to and from customer platforms is done through Sparkpost. More details about Sparkpost security is availabe here
3DS Outscale
Application services and customers data for GOLD customers are hosted in the 3DS Outscale Cloud Provider. These services are located in France. The 3DS Outscale data center are ISO/IEC 27001 and SecNumCloud certified.
These service providers are necessary for the operation of integrations in Elium.
This service requires the activation of an integration on our customers’ platforms.
Dropbox plugin. This service requires the activation of an integration on our customers’ platforms.
Facebook Workplace plugin. This service requires the activation of an integration on our customers’ platforms.
Google Drive plugin. This service requires the activation of an integration on our customers’ platforms.
Microsoft OneDrive plugin. This service requires the activation of an integration on our customers’ platforms.
Slack plugin. This service requires the activation of an integration on our customers’ platforms.
DeepL, Inc
Automated translation of content is performed by DeepL
BitMovin, Inc
Videos uploaded on the platforms are encoded using BitMovin.
These service providers are used to support the use of Elium. The objective is to improve the experience of using Elium.
The management of online payments for the use of Elium is done through Chargebee. This service is only accessible to the administrators of our customer platforms. More details about Chargebee security is available here
We monitor services and systems using Datadog. System traces and application logging is centralized in Datadog. This service is not visible to users on customer platforms. More details about Datadog security is available here
The management of customers and prospects is done using HubSpot. This service is not visible to the users of customer platforms. More details about Hubspot security is available here
We communicate with the administrators of customer platforms via Intercom. This service allows us to improve the user experience of customer platforms. More details about Intercom security is available here
We analyze the use of customer platforms using Mixpanel. This service allows us to improve the user experience of our customer platforms. This service is not visible to users of customer platforms. More details about Mixpanel security is available here
We monitor the availability of services and systems using Pingdom. This service is not visible to users on customer platforms. More details about Pingdom security is available here
We monitor application errors using Sentry. This service is not visible to users of customer platforms. More details about Sentry security is available here
Elium’s clients are managed using StartDeliver. This service is not visible to users of customer platforms.
We manage users requests and security incidents on our customer platforms through Zendesk.
[1] These service providers process personal data of users of customer platforms. We ensure that they meet our security requirements and are compliant with GDPR.
This Privacy Policy applies to both our website ( www.elium.com) and our Elium Software as a Service (Saas) platform, which are offered by:
Whatever SA (hereafter “ ELIUM ” and “ We ”)
Rue Emile Francqui 1
1435 Mont-Saint-Guibert (Belgium)
Company number (VAT-BE): 0889.962.726
E-mail: [email protected]
T.: +3210235930
Feel free to get in touch if you have any privacy-related questions, we’re here to help!
The personal data disclosed by the Data Subject enable us to identify the Data Subject as a natural person. The Data Subject is identifiable as soon as it is possible to create a direct or indirect link between one or more information and the Data Subject as a natural person.
We only use and process your personal data in accordance with the GDPR and any replacement legislation, or any similar regulation under any applicable law, and any regulatory requirements or codes of practice governing the use, storage or transmission of personal data. Every reference in this Privacy Statement to the “ GDPR ” is a reference to the Regulation of 27 April 2016 on the Protection of Natural Persons with regard to the Processing of Personal Data and on the Free Movement of such Data (General Data Protection Regulation) .
Through this Privacy Policy, every Data Subject is informed of the processing activities ELIUM may carry out with his/her personal data. ELIUM reserves the right to modify this Privacy Policy at all times. Every substantial change will be clearly communicated to our customers. We advise however that Data Subjects consult our Privacy Policy regularly.
3.1. On the Website
When you visit and use our Website, you may provide personal data, consciously or unconsciously, such as your contact information (via our contact form) and your navigational information (by the use of cookies). ELIUM is responsible for the processing of those personal data since ELIUM decides which personal data are being collected as well as the purposes and the means of the processing.
3.2. On the Platform
End-Users who use the Platform via the Licensee may create a user profile, download and share information on the Platform. The personal data of the End-Users are stored on our servers but we do not have any control over its collection and management. We process the personal data of the End-Users on behalf of the Licensee and in accordance with our agreements in that regard. We use the personal data of the End-Users only as necessary to provide and improve our Platform and the related services. End-Users are therefore advised to consult the Privacy Policy of the Licensee.
When they use the Platform, End-Users can publish and share external or embedded contents on the Platform. Those contents are hosted by a third party. ELIUM does not control what personal data are collected by the third party and what it will do with these data. External or embedded contents are thus not covered by this privacy policy.
3.3. (Sub-)processors
At any time, ELIUM is free to rely on processors or sub-processors who will process your personal data upon our request and on our behalf. Our processors are required to ensure the security and the confidentiality of your personal data and will always act on our documented instructions. We remain your point of contact at any time.
More specifically, we rely on processors for hosting, statistical, administrative and marketing purposes.
In accordance with the GDPR, ELIUM processes the personal data of the Data Subjects on the following legal grounds:
ELIUM commits to only collect and process adequate and relevant personal data. We limit the collection of personal data to what is strictly necessary for the purposes for which the data are processed. The following categories of personal data are processed by ELIUM:
5.1 Personal information
Personal Information refers to any information that identifies you personally, such as your last name, first name, address, company name, login details, phone number and e-mail address and other information about yourself and your business. Personal information can also include financial information, such as bank details, invoices and payments. Based on the specific usage of the Platform by the Licensee, we can collect personal data on the End-Users, such as their name, login details and phone number.
These data are collected through our Website or the profile page of the End-User on the Platform. The amount of personal data collected depends on your use of our services.
5.2 Navigational Information
We use cookies on our Website and our Platform. By using cookies, we collect information about your computer and your navigational behaviour, such as your IP address, your geographical location, your browser type, the time and timeframe of your visit and the pages viewed. For more information concerning the cookies, we kindly refer you to our Cookie Policy.
The processing of your personal data is essential for the provision of the Website, the Platform and our related services. ELIUM commits to solely process your personal data for the following purposes:
Your personal data are processed for internal use within ELIUM. Your personal data will not be sold, passed on or communicated to any third parties, except in case you have given us your explicit prior consent. Please note that your personal data on the Platform are visible to all other End-Users within the Platform and to the Licensee.
Your personal data is stored as long as necessary to achieve the legitimate purposes set out in Article 5. They will be erased from our database as soon as they are no longer necessary to pursue those objectives or if the Data Subject validly exercises his/her right to erasure.
More specifically, the personal data of our prospects are retained for a period of five (5) years in our CRM from the time of their last activity.
In case of termination or expiration of the license agreement, ELIUM will undertake to delete all the personal data of the End-Users available on the Platform within thirty (30) calendar days.
9.1 Guarantee of a legitimate and secure process of your personal data
Your personal data are always processed for the legitimate purposes set out in Article 5. They are collected and processed in an appropriate, relevant and non-excessive manner, and are not kept longer than necessary to achieve the intended purposes.
9.2 Right to access
If you can prove your identity, you have the right to obtain information about the processing of your data. You have the right to know the purposes of the processing, the categories of data concerned, the categories of recipients to whom the data are transmitted, the criteria used to determine the data retention period, and the rights that you can exercise on your data.
9.3 Right to rectification
Inaccurate, incomplete or outdated personal data may be corrected at any time.
9.4 Right to erasure (or “right to be forgotten”)
You also have the right to obtain the erasure of your personal data in the following cases:
9.5 Right to limitation of processing
In certain cases, you have the right to request the limitation of the processing of your personal data, especially in case of dispute as to the accuracy of the data, if the data are necessary in the context of legal proceedings or the time required to ELIUM to verify that you can validly exercise your right to erasure.
9.6 Right to object
You have the right to object at any time to the processing of your personal data for profiling and information purposes. ELIUM will stop processing your personal data unless it can demonstrate that there are compelling, legitimate reasons for the processing which prevail over your right to object. If you have validly exercised your right of opposition, you may ask ELIUM to delete your personal data.
9.7 Right to data portability
As End-User you have the right to obtain any personal data which you have provided us in a structured, commonly used and machine readable format. At your request, this data may be transferred to another provider unless it is technically impossible.
9.8 Right to withdraw your consent
You may withdraw your consent to the processing of your personal data at any time, for example for direct marketing purposes.
On the Platform, End-Users can directly access their personal data or edit their personal data via their profile page. They are also able to limit the processing of their personal data by setting their preferences. For all other privacy related questions or requests, End-Users must send a written request and proof of identity to the Licensee by registered mail or by email by using the contact information available on the “About” page of the Platform.
Other Data Subjects must send a written request and proof of identity by registered mail to Whatever SA, Rue Emile Francqui 1, 1435 Mont-Saint-Guibert (Belgium) or by email to [email protected] . We will respond as soon as possible, and no later than one (1) month after receipt of the request.
If you are not satisfied with the processing of your personal data by ELIUM, you have the right to lodge a complaint with the competent Data Protection Authority (for Belgium: https://www.privacycommission.be/)) .
This Cookie Policy outlines the general policy and the types of cookies that ELIUM uses on its SaaS platform (hereafter the “ Platform ”). We use two types of cookies, namely our own cookies (“first party” cookies) and cookies of carefully selected partners with whom we cooperate and who advertise our services on their website (“third party” cookies).
A cookie is a small text file that is placed on the hard disk of your computer or mobile device when you visit a website. The cookie is placed on your device by the website itself or by partners of the website. The cookie identifies your device by a unique identification number when you return to the website and collects information about your navigational behaviour. There are different types of cookies. We distinguish the following cookies according to their purposes: there are essential or strictly necessary cookies and non-essential cookies (functional, analytical and targeting cookies).
In Belgium, cookies and their use on websites are regulated by the GDPR (General Data Protection Regulation of 27 April 2016) and the Belgian Electronic Communications Act of 13 June 2005. The Belgian law is a transposition of a European Directive, which means that the use of cookies can be regulated differently in every European country. ELIUM is located in Belgium but offers its services to clients located anywhere in Europe. Therefore, we do our best efforts to respect the main accepted trend in Europe regarding cookies.
By using the Platform, the visitor may agree to the use of non-essential cookies. Cookies help ELIUM to optimise your visit to the Platform and to provide you with an optimal user experience. If you want to use our Platform, we recommend that you accept the cookies. Without enabled cookies, some of the Platform’s features may be restricted or inaccessible. However, if you prefer not to accept the cookies, you as a visitor are free to refuse the cookies. You can also delete or restrict cookies at any time by changing your browser settings (see “Management of cookies”).
We distinguish the following types of cookies, according to their purposes:
These cookies are necessary for the Platform to function and cannot be disabled in our systems. They are usually only set up in response to your actions, such as setting up your privacy preferences, logging in or filling in forms. They are necessary for a good communication and they facilitate navigating (for example, returning to a previous page, etc.).
These cookies are not necessary for the Platform to function, but they do help us to offer an improved and personalized user experience.
These cookies enable the Platform to offer improved functionality and personalisation. They can be set up by us or by external providers whose services we have added to our pages.
With these cookies, we can track visits and traffic so that we can measure and improve the performance of our Platform. These cookies help us to determine which pages are the most and the least popular and how visitors move through the site.
These cookies can be set by our advertising partners via our site. They can be used by those companies to create a profile of your interests and show you relevant ads on other sites.
We use two types of cookies, namely our own cookies (“first party” cookies) and cookies of carefully selected partners with whom we cooperate and who advertise our services on their website (“third party” cookies).
| Provider | Name of the cookie | Type of cookie | Retention period |
| Elium | kp | Essential | 3 days |
| Elium | elium_instances | Non essential – functional | 90 days |
| Provider | Name of the cookie | Type of cookie | Retention period |
| Embed.ly | Embed.ly | Non essential – analytics | 1 year |
| Google Analytics | Google Analytics | Non essential – analytics | 1 year |
| Hubspot | Hubspot | Non essential – analytics | 1 year |
Carefully read our Privacy Policy for more information concerning the processing of your personal data by ELIUM.
If you want to use the Platform of ELIUM, it is recommended that you enable cookies. However, you are free to refuse or to disable cookies in your browser settings if you wish to do so.
To enable or disable cookies, you must change your browser settings (via the “preferences” or “options” tab). The following links will give you more information on how to manage your cookies. You can also consult the “help” tab of your browser.
Since the use of cookies may constitute a processing of personal data, you as a data subject have the right to a lawful and secure processing of your personal data. More information about the way in which we collect and process your personal data, as well as about your rights on your data, can be found in our Privacy Policy .
Should you still have questions or comments about cookies after reading this Cookie Policy, you can always contact us via [email protected] .
1.1 These terms and conditions shall govern your use of our website.
1.2 By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.
1.3 If you register with our website, submit any material to our website or use any of our website services, we will ask you to expressly agree to these terms and conditions.
1.4 Our website uses cookies; by using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy and cookies policy.
2.1 Copyright © 2018.
2.2 Subject to the express provisions of these terms and conditions:
(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and
(b) all the copyright and other intellectual property rights in our website and the material on our website are reserved.
This Cookie Policy outlines the general policy and the types of cookies that ELIUM uses on the website www.elium.com (hereafter the “ Website ”). We use two types of cookies, namely our own cookies (“first party” cookies) and cookies of carefully selected partners with whom we cooperate and who advertise our services on their website (“third party” cookies).
A cookie is a small text file that is placed on the hard disk of your computer or mobile device when you visit a website. The cookie is placed on your device by the website itself or by partners of the website. The cookie identifies your device by a unique identification number when you return to the website and collects information about your navigational behaviour. There are different types of cookies. We distinguish the following cookies according to their purposes: there are essential or strictly necessary cookies and non-essential cookies (functional, analytical and targeting cookies).
In Belgium, cookies and their use on websites are regulated by the GDPR (General Data Protection Regulation of 27 April 2016) and the Belgian Electronic Communications Act of 13 June 2005. The Belgian law is a transposition of a European Directive, which means that the use of cookies can be regulated differently in every European country. ELIUM is located in Belgium but offers its services to clients located anywhere in Europe. Therefore, we do our best efforts to respect the main accepted trend in Europe regarding cookies.
By using the Website, the visitor may agree to the use of non-essential cookies. Cookies help ELIUM to optimize your visit to the website and to provide you with an optimal user experience. If you want to use our Website, we recommend that you accept the cookies. Without enabled cookies, some of the website’s features may be restricted or inaccessible. However, if you prefer not to accept the cookies, you as a visitor are free to refuse the cookies. You can also delete or restrict cookies at any time by changing your browser settings (see “Management of cookies”).
We distinguish the following types of cookies, according to their purposes:
These cookies are necessary for the Website to function and cannot be disabled in our systems. They are usually only set up in response to your actions, such as setting up your privacy preferences, logging in or filling in forms. They are necessary for a good communication and they facilitate navigating (for example, returning to a previous page, etc.).
These cookies are not necessary for the website to function, but they do help us to offer an improved and personalised user experience.
These cookies enable the website to offer improved functionality and personalisation. They can be set up by us or by external providers whose services we have added to our pages.
With these cookies, we can track visits and traffic so that we can measure and improve the performance of our Website. These cookies help us to determine which pages are the most and the least popular and how visitors move through the site.
These cookies can be set by our advertising partners via our site. They can be used by those companies to create a profile of your interests and show you relevant ads on other sites.
We use two types of cookies, namely our own cookies (“first party” cookies) and cookies of carefully selected partners with whom we cooperate and who advertise our services on their website (“third party” cookies).
Domain name: www.elium.com
| Provider | Name of the cookie | Type of cookie | Retention period |
| Elium | accept-cookie | Essential | |
| Elium | elium_utm | Non essential – analytical | 1 year |
| Polylang Language | pll_language | Essential – the language code of the last browsed page | 1 year |
| Cloudflare | __cfduid | Essential – identify individual clients behind a shared IP address |
Domain name: www.elium.com
| Provider | Name of the cookie | Type of cookie | Retention period |
| Google analytics | _ga
_gid _gat | Non essential – analytical | 2 years
24 hours 10 minutes |
| Hotjar | _hjIncludedInSample | Non essential – analytical | 1 year |
| Hubspot | __hs_opt_out
__hs_do_not_track __hs_testcookie hs_ab_test __hluid __hssc __hssrc __hstc hs-messages-is-open hubspotutk messagesUtk | Non essential – analytical | 2 years
2 years N/A – per session N/A – per session 1 year 30 mins N/A – per session 2 years 30 mins 10 years 2 years |
| Adroll | __ar_v4 | Non essential – targeting/advertising | 5 years |
Carefully read our Privacy Policy for more information concerning the processing of your personal data by ELIUM.
If you want to consult the website of ELIUM, it is recommended that you enable cookies. However, you are free to refuse or to disable cookies in your browser settings if you wish to do so.
To enable or disable cookies, you must change your browser settings (via the “preferences” or “options” tab). The following links will give you more information on how to manage your cookies. You can also consult the “help” tab of your browser.
Since the use of cookies may constitute a processing of personal data, you as a data subject have the right to a lawful and secure processing of your personal data. More information about the way in which we collect and process your personal data, as well as about your rights on your data, can be found in our Privacy Policy .
Should you still have questions or comments about cookies after reading this Cookie Policy, you can always contact us via [email protected] .