Privacy Notice - Tally tool

 
Version 1.0 - 09/09/2024
Version 1.0 - 09/09/2024


📋 2-minute summary

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We take our obligation to protect your privacy seriously!
That is why we provide you with this 2-minute summary, containing the necessary information on how we process your Personal Data.
 
What you should know: First of all : you always remain in control of your data.
To whom does this Privacy Notice apply? This notice applies to any individual whose Personal Data Tally may collect, use or otherwise process during their use of our tool.
What information do we collect about you?
  • Your (professional) identification details and additional account information
  • Your payment information
  • Information about how you make use of our tool
Why do we collect this information? We collect your information in order to provide you access to our tool in an optimal way, in accordance with our Terms and Conditions, through a personalized user profile.
Who has access to your data?
  • Only the relevant part of Tally‘s team has access to the information you provide us with.
  • Furthermore, we use some suppliers and service providers, such as but not limited to computer security, digital solutions and web hosting services. These parties are legally obliged to ensure your privacy at all times, and will only process data in accordance with our purposes.
  • Finally, we may commission a third party to process your data. However, they can only do this for aforementioned purposes and upon our instructions and signature of a data processing agreement.
What do you control?
  • At any moment, you can request to modify, erase or get a copy of your data. To do so, we kindly request you to follow the procedure as described in our full Privacy Notice under Article 5.7.
What do we do to protect your data?
  • We adopted appropriate safety measures on a technical and an organizational level.
  • Your data is stored on high-security servers within the European Union.
  • In order to improve our tool and ensure its safety, Tally may need to use the data you have provided us. However, at all times, Tally shall use this data in a GDPR-compliant manner, using state of the art software and solutions.
  • We have implemented internal procedures to ensure the confidentiality of our IT-infrastructure and to make sure it is managed responsibly.
If you want to know more: we invite you to read our entire Privacy Notice below, which explains everything in further detail.
 

 
Tally makes it a matter of utmost importance to respect the privacy of the users of its tool. We are committed to treat your Personal Data in the strictest confidentiality, in accordance with the data protection legislation in force and the present Privacy Notice (hereinafter the “Privacy Notice”).
This Privacy Notice is intended to inform you, in a transparent manner, about the data we collect, the purpose for collecting it, the way we use it and the rights you have regarding the processing of such data.
You are not obliged to provide us your Personal Data, however understand that in some cases we will not be able to carry out the requested business activities or provide you the requested information in case you refuse to provide us certain Personal Data.
Tally reserves the right to change, modify and update this Privacy Notice from time to time by posting a revised version in its tool. Therefore, we recommend you regularly consult this Privacy Notice, to make sure that you are aware of all changes.
If you have any other questions, please do not hesitate to contact us at the following address: [email protected].

Article 1 - General

  1. Tally BV, (hereinafter, “we”, “us”, “our”, “Tally”), with registered office at August Van Lokerenstraat 71, 9050 Ghent, Belgium and registered with the Crossroads Bank for Enterprises under enterprise number 0776.979.007, assumes responsibility for the processing of your Personal Data as "Controller", including the use of our tool (hereinafter: “Tool”)
  1. In our Privacy Notice, “Personal Data” shall mean any information relating to you as an identified or identifiable natural person and user of the Tool.
  1. Tally processes Personal Data in accordance with the legislation in force, and, in particular, Regulation 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of Personal Data and the free movement of such data, applicable from 25 May 2018 (hereinafter the "GDPR").
  1. The access to or use of our Tool implies your full and unreserved understanding of this Privacy Notice. This means that you were fully informed to how Tally collects, uses and processes your Personal Data, in accordance with the provisions of this Privacy Notice and for the purposes listed in this Privacy Notice.
 

Article 2 – What personal data does Tally collect

2.1 Tally may process, for the purposes mentioned in Article 3, the following categories of Personal Data of you as a user of our Tool:
Data
Details
Context
Category 1 (Professional) identification data and additional account information
• Name • E-mail address • Password hash Optional: • Work industry • Role at work • Channel where you discovered Tally
When creating an account in order to make use of our Tool, we may process your Personal Data.
Category 2 Payment information
• Credit card information • VAT number (in case of a company)
When selecting a paid subscription plan to make use of our Tool, we may process your Personal Data.
Category 3 Information about your usage of the Tool
Information related to your use of the Tool, such as: • Features and functionalities used • Any personal preferences or settings • ...
Information about your usage of the Tool will be processed when you make use of the Tool.

Article 3 – The legal based and purposes of data processing

We only process your data when we have a specific purpose and lawful basis to do so and only process what is relevant for the pursuit of each specific purpose in question, in particular:
 

3.1 General purposes

Data
Legal basis
Purpose
Category 1 (Professional) identification data and additional account information
Performance of a contract  Terms and Conditions concluded between you and Tally
Tally may process your Personal Data of Category 1 in order to create a personalized user profile through which you will be able to make use of our Tool.
Category 2 Payment information
Performance of a contract  Terms and Conditions concluded between you and Tally
Tally may process your Personal Data of Category 2 for payment and invoicing purposes when you have selected a paid subscription plan to make use of our Tool.
Category 3 Information about your usage of the Application
Our legitimate interest
Tally may process information about your usage of our Tool in order to pursue our legitimate interests of improving our services, providing technical support and ensuring the functionality and security of the Tool.

3.2 Direct Marketing

If Tally has obtained your electronic contact details in the context of providing our services, Tally may use your electronic contact details to send you, via e-mail, promotional material regarding similar services we may offer. This is based on Tally’s legitimate interest.
Other promotional material, concerning non-similar services we may offer, will only be sent to you if you have given us your prior consent to do so.
Tally may also transfer some of your Personal Data to its Data Processors, for direct marketing purposes relating to Tally’s services.
We will at all times offer you a GDPR-compliant way to opt out of receiving such emails at any time, free of charge and without motivation, for example by clicking the unsubscribe button at the end of every promotional email or by sending an email to [email protected].

3.3 Transfer to third parties

Tally treats Personal Data as confidential information and will not disclose or communicate them to third parties under any condition or for any purpose other than those specified in this Privacy Notice, or under the conditions in which the law requires us to do so.
Tally may disclose your Personal Data to third parties to the extent that this is necessary to be able to carry out our business activities, including but not limited to suppliers and service providers that offer services related to IT-support, hosting, computer security or other specific services. In any case, these third parties will not disclose your Personal Data to other third parties, except in the following situations:
  • the communication of your Personal Data by such third parties to their suppliers or subcontractors is necessary to be able to carry out our business activities;
  • such third parties are obliged by applicable law or regulations to communicate certain information or documents to the competent authorities.
In case of non-payment or intentional misuse, Tally may disclose your Personal Data to authorized persons or agencies determined by law.
Tally will not sell or hire out your Personal Data to third parties, except in the situations described in this Privacy Notice or unless you explicitly provide your prior consent.
In the event of total or partial reorganization of Tally, transfer of Tally's activities or in the event of Tally being declared bankrupt, your Personal Data may be transferred to new entities or third parties. Tally will inform you in advance of the fact that Tally transfers your Personal Data to such third parties.

3.4 Legal requirements

In extraordinary circumstances it may occur that Tally is obliged to transfer your Personal Data following a court order, or in order to comply with imperative laws and/or regulations. Tally will, if reasonably possible, try to inform you or your employer beforehand, unless revealing this information is subject to legal constraints.

Article 4 – The duration of the processing

Tally will store your Personal Data for the duration necessary to achieve the purposes listed in Article 3 of this Privacy Notice, including for as long as this is essential for the contractual relationship between you and Tally.
Tally may also store your Personal Data in order to comply with applicable laws or as part of legal requirements, including storage obligations after the termination of the contractual relationship between you and Tally. Therefore, the retention periods mentioned below shall not apply where Tally is legally obliged to store your Personal Data for shorter or longer periods of time, including by applicable statutes of limitation for invoicing, payment, accounting, tax and regulatory compliance.
 
Retention periods
Data
Retention period
Category 1 (Professional) identification data and additional account information
Your Personal Data contained in Category 1 will be retained for 90 days the deletion of your user profile (which indicates the end of our contractual relationship).
Category 2 Payment information
Your Personal Data contained in Category 2 will be retained for seven (7) years after the deletion of your user profile (which indicates the end of our contractual relationship)
Category 3 Information about your usage of the Application
Your Personal Data contained in Category 3 will be retained for two (2) years after the deletion of your user profile (which indicates the end of our contractual relationship).
 

Article 5 – Your rights

5.1 Right of access and right to obtain a copy

At any time, you have the right to freely obtain access to your Personal Data, as well as to be informed about the purpose of the processing.

5.2 Right to rectification, erasure or restriction

You always have the right to ask to rectify your Personal Data when you think it is inaccurate.
You can also request the processing of your Personal Data to be restricted if you think that your data is inaccurate, and you subsequently have made notification of this.
In addition, you have the right to ask to erase your Personal Data in as far it is not possible to anonymize it.

5.3 Right to object

You have the right to object to the processing of your Personal Data when you have and provide serious and legitimate reasons to do so.
You also have the right to object to the use of your Personal Data for direct marketing purposes. In such case, you do not need to provide a specific reasoning for your objection.

5.4 Right to data portability

You have the right to obtain your Personal Data, which is processed by our Tool in a structured, commonly used format and/or to transfer this data to another data controller.

5.5 Right to withdraw consent

When the processing of your Personal Data is based on your prior consent, you have the right to withdraw this consent at any time.

5.6 Automated decisions and profiling

You have the right to request not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you.

5.7 Exercising your rights

You can exercise your rights by contacting us with a copy of the essential parts of your ID, such as name and date of birth, as attachment:
Either through e-mail to [email protected].
Or via ordinary mail to:
Tally BV
August Van Lokerenstraat 71
9050 Ghent Belgium

5.8. Right to file a complaint:

You have the right to file a complaint with the supervising Data Protection Authority:
Data Protection Authority,
Drukpersstraat 35, 1000 Brussel,
Tel: +32 (0)2 274 48 00, Fax: +32 (0)2 274 48 35,
Email: contact(at)apd-gba.be
This is without prejudice to proceedings before the civil courts. If you are from an EU Member State other than Belgium, you may also file a complaint with your national data protection authority (a list of the data protection authority for each EU-member state can be found here: https://ec.europa.eu/justice/article-29/structure/data-protection-authorities/index_en.htm).
If you have suffered damage as a result of the processing of your Personal Data, you may file a claim for compensation.
 

Article 6 – Safety and confidentiality

Tally has adopted safety measures which are suited on a technical, organizational and physical level to avoid the destruction, the loss, the forgery, the adjustment, the non-authorized access or the notification of the Personal Data by accident to a third party, as well as the non-authorized processing of these data.
Nevertheless, if these events would occur and would affect your Personal Data, Tally will inform of the breach without undue delay, including a summary description of the potential impact and a recommendation on measures to mitigate the possible adverse effects of the breach.
Tally shall not be liable in any way for direct or indirect damages caused by a wrongfully or improper use of the Personal Data by a third party.
At the same time, you also share responsibility for maintaining the privacy and security of the services, for example: by not allowing any third party to have insight in your confidential communication(s).
 

Article 7 – Applicable law and jurisdiction

This Privacy Notice is managed, interpreted and executed in accordance with Belgian law which exclusively applies to every potential dispute.
The courts of Ghent have exclusive jurisdiction to settle any dispute arising out of or in connection to the interpretation or execution of the present Privacy Notice.