tiqs : LEGAL

TERMS AND CONDITIONS,

1. BINDING EFFECT.

!This is a binding agreement. By using the Internet site located

at!(www.)tiqs.com!(the Site) or any services, processing of purchases provided in

connection with the Site (the Service), you agree to abide by these Terms of Use, as

they may be amended by Tiqs B.V. (Company and interchangeably user as TIQS B.V. as

well) from time to time in its sole discretion. Company will post a notice on the Site any

time with these Terms of Use, which will be changed or otherwise updated. It is your

responsibility to review these Terms of Use periodically. YOU AGREE THAT BY USING

THE SERVICE YOU REPRESENT THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS

AGREEMENT.

If you are using the services on behalf of a third party or an Employer or representing an

entity or affiliates then you represent to have the consent of the entity and the

affiliates. In such an eventuality, “you” and “your” will refer to that entity as well as

yourself.

2. SITE ACCESS.

!You agree that you will not engage in any unauthorized activity on

behalf of a third party such as merchants, and other organizers and not duplicate,

download and publish to distribute the content of the web site without a license unless

specific permission is granted to you only for purposes of processing of purchase. The

entire content of this website is a property of the Company.

3. PRIVACY POLICY.

!Company respects your privacy and permits you to control the

treatment of your personal information in your personal or business profile, by deleting

your account or by sending us an e-mail to be forgotten to dpo@tiqs.com.

National legislation and the services we provide require us to collect some of your

personal data for purposes of handling any particular (financial) transaction. With

respect to your privacy, we use least of personal data only for purposes of the business

activity as authorized by you. We will not sell or rent your personal data to third parties

nor will we give access to personal data without your authorized consent. However, as

described in more detail in Part C below, there are limited circumstances in which some

of your personal data will be shared with third parties, under strict restrictions subject to

your consent and for purposes of processing the service by the Company.

This statement regarding the privacy of the personally identifiable information you

provide online to Tiqs B.V. covers six key areas: (A) Background, (B) Information We

Collect, (C) Use and Disclosure of Information, (D) Safety of Information, (E) Access to

and Modifying your Information, and (F) Contact Us.

When you are required to register to use or access the Site or Service, you must

complete the process by providing the complete and accurate information requested.

You will be responsible for giving inaccurate and incomplete information. You are entirely

responsible for maintaining the confidentiality of your own information as well. You may

not use the account, username, or password of someone else at any time and represent

yourself to be a third party. You agree to notify Company immediately on any

unauthorized use of your account, user name and critical store bio or geo-graphic

information, which forms part of the embedded data capable or being separated stored.

Company shall not be liable for any loss that you incur as a result of someone else using

your information, either with or without your knowledge. You may be held liable for any

losses incurred by Company, its affiliates, officers, directors, employees, consultants,

agents, and representatives due to someone else’s use of your account with your

knowledge.

3.1 WE COLLECT THE FOLLOWING TYPES OF DATA /

MODE AND PLACE OF

PROCESSING THE DATA.

Company collects your personal data located in our

database in The Netherlands during the registration process when you purchase or use

our service.

Company processes personal data on behalf of its customers (users), Merchants (a

business, hospitality accountholders who uses the Company service), by offering them

the possibility to download the personal data via their Tiqs B.V. back office account

from the database.

Your data will only be made available by Company for processing of its business,

including different products and services, as company standalone or in combination with

our business partners. Consequently, Company can be regarded as a data “processor”

for this processing and will act as the “controller” both within the meaning of the

European Privacy Directive (1995/46). It is the Merchant, Partner and or Affiliate of

Company who is responsible for the lawful protecting and processing of your personal

data so please refer to the privacy policy of the relevant Merchant and/or affiliate for

information while processes the data through Company service.

Company ensures that data privacy is taken very seriously by us and our Merchants,

Partners and/or affiliates. Company is, however not responsible for the lack of

compliance by the Merchants, Partners and/or Affiliates with respect to your data.

Company uses the collected (personal) data for making personalized offers with our

Merchants, Partners and/or Affiliates and to make our own service faster and easier, but

not limited to only comply with the requirement of efficient processing of the service of

our platform.

By agreeing to our Terms and Conditions of Use and proceeding with it during your

registration and/or use, you accept the terms of this Privacy Policy, which implies

explicitly that you agree with this agreement of use and disclosure of your (personal)

information in the manner as described in this Privacy Policy.

This Privacy Policy has been in force since in the inception and is being updated as

required by the GDPR (General Data Protection Regulation).!

Please note that your information will be stored on servers located in the Netherlands.

The use of this information is limited and regulated by Dutch law and if you have agreed

to our Terms by Dutch law.

3.1.1 The Information We Collect, required information.

To fully process a transaction

and/or usage via the Company software platform we can ask you for the following

personal information: name, surname, address, zip code, city and country, email address,

telephone number, gender and date of birth. This information and requirement are

necessary for completion and integrity of the transaction and/or service provided.

Among the types of Personal, including is applicable geo-bio-graphic data collected,

Company web site collects, by itself or through third parties the following information as

well, (login/use) IP Address, and/or other related information, like period of attendance at

a location, times and location of login (chain of security) Other Personal Data where

utilized, is explained through the fabric of the web site.

The Personal Data can be freely provided by the User, or collected through the Site,

during processing of transactions and/or service, by using different products of the

Company and/or collection of data authorised by you through third parties. The data

collected are processed through Cookies, other tracking tools, or by third-party

Company’s.

Our use of “Cookies”. “Cookies” are small files of data that you have on your computer

and/or mobile device and/or other device where Cookie technology is supported

Cookies allow us to store individual settings, recognise you when you return to our site

using the same device and browser. Cookies enable us to process and collect

information about the use of our services and to improve and adapt our service to the

needs of our visitors and their devices.

Data collected and stored in Cookies is for the individual users of our services

preferences, for the sole purpose of providing adequate service required by the user of

our service.

You are responsible regarding giving your own Personal Data to third parties and give

your consent for the personal data obtained, published or shared and confirm that the

data can be provided by you and/or representing third party.

We need to collect this data for the reason, to correspond with you about Company

services and or products, to share your data in strict relation of the offered service and

in every individual service and or product case, after acquiring your explicit consent to

this case, without the process to provide personal data multiple times, when applicable

with a third party, the status of your transaction, to send you the (digital) goods you

requested, to get in touch with you in the event there is a problem with your order or with

another Company platform usage, the Merchant, Partner and/or Affiliate and to

determine whether you are eligible to be allowed to engage in a transaction, and/or

purchase and/or make use of the service and or advertised product by our merchants,

partners and or affiliates. To contact you in regards to these purposes.

3.2 Additional information.

At the request of our Merchants, Partners and/or affiliates,

we or they may ask you for more personal information or preferences to the extent

required by them to complete the integrity of the transaction and the required

procedures and or special offers.

At their request we may refuse your application, transaction or demand of the service if

you do not provide us with the required information or preferences or unless you refuse

to provide the information necessary to complete the transaction. Any such additional

personal data will also be processed by us on behalf of them in accordance with this

3.2.1. Use and Disclosure of Information

. Internal use:! We collect, store and process

your personal information on our own servers in the Netherlands. We use the information

we collect about you in order to (a) provide our services and process your transactions,

(b) to provide customer service, and (c) to improve our services on behalf of the

Merchant, partner and/or affiliate.

3.2.2 Disclosure to third parties.

Company will not share your personal data with third

parties, except when required to fulfil the process of any service provided by the

Company, as, but not limited to, Payment Service Providers necessary to complete any

financial transaction and the integrity of such transaction and through other required

processors. Business partners for fulfilling special offers to you,

As described below and as described in the following limited circumstances. These third

parties are limited by law or by contract from using the information for secondary

purposes other than for which the information is shared and authorized by the purchaser.

Tiqs B.V.! is entitled to share your personal information with the following parties:

• Financial institutions required for processing your payment (the PSP’s);

• Fulfilment by others, such as for purposes of postal fulfilment which require data

corresponding to address data and mobile fulfilment which require data

corresponding to mobile phone numbers;

• Partners of Company to fulfil combined products and offers; for contact and

shipping purposes

3.3 MODE AND PLACE OF PROCESSING THE DATA

. Merchants and/or affiliates who

have an agreement with Tiqs B.V., then under such an eventuality the Merchant has via

Tiqs B.V. access to your information in order to deliver the purchased service. However,

this information may only be used as described in the General Terms and Conditions of

Tiqs B.V., which form part of the agreement between us pursuant to your acceptance of

the same as part of your registration with us. In addition, Tiqs B.V.! will only share your

personal data in accordance with the applicable local Dutch Law and if you have agreed

to our Dutch terms in such a condition or the law where the transaction is being

consummated or finalized. This includes disclosures on the following basis: (a) we may

disclose your personal information to appropriate third parties, who we believe in good

faith are investigating fraud or other illegal activity, or to conduct investigations into

violations of our Agreement. This occurs in situations, including but not limited to, for the

purposes of criminal proceedings, investigations by credit card companies or the police

for payment fraud to prevent terrorism or for the enforcement of intellectual property

rights. (b) we may provide information in response to a (court summons, warrant, court

order, levy, restraining!order of a court-appointed curator or other comparable legal

processes as required by law, including any summons from private parties in a civil case.

of a power of attorney that you granted or a guardian appointed to you). (d) we may

share aggregated (but not individual) statistical data with our business partners or for

public!relations purposes (for example publication that a percentage of our Merchants

and/or affiliates makes use of a certain payment methods).!(e) as with any other

business, it is possible that Tiqs B.V.! could merge with or be acquired by another

company in the future. If such an acquisition occurs, subject to applicable law, the

successor company would have access to the information maintained by getting Tiqs

B.V., including personal secured data, but the acquiring company will continue to be

bound by this Privacy Policy. (f) we may share your information with our parent

company, subsidiaries and joint ventures for the coordination of the services we provide

and for training purposes as well, to enforce our terms and conditions and promote

confidence, safety, integrity and security.(g) to offer our Merchants and/or affiliates our

service, we may share your transaction status information and transaction identifiers

with the Merchants and/or affiliates you pay. We do not share bank details or credit card

information. (h) to offer our service to our Merchants and/or affiliates we share your

personally identifiable information with our Merchants and/or affiliates. Both the required

information and the additional information is not sharing with bank details and credit

card information and not even under circumstances when the bank account information

and credit card information is redacted. Tiqs B.V. will contact you with your personal

information and send messages to you in cases where there is a change in status of

Purchase Rights, reporting the status of the payment, or a payment error or matter

dealing with payment fraud or unauthorised fraudulent activity.

3.4 Retention time.

For purposes of brevity of convenience and clarity, the Data is kept

for the time necessary to provide the service requested by the User and as described

for the purposes of these terms and conditions. You as a User can always request that

the Data Controller suspend or remove the data to our Data Protection Offices

(DPO@tiqs.com)

3.5 FACEBOOK PERMISSIONS ASKED BY THIS APPLICATION.

This Application may

ask for some Facebook permissions allowing it to perform actions with the User’s

Facebook account and to retrieve information, including Personal Data, from it. For more

information about the following permissions, refer to the Facebook permissions

documentation and to the Facebook privacy policy. The permissions asked are the

following:

3.5.1 Basic information

For purposes of brevity of convenience and clarity, by default, this includes certain

User’s Data such as id, name, picture, gender, and their locale. Certain connections of

the User, such as the Friends, are also available. If the User has made more of their Data

public, more information will be available

3.5.2 Email

Provides access to the User’s primary email address.

3.6 THE PROCESSING OF PERSONAL DATA

Personal Data is collected for the following purposes and using the following services:

3.6.1 Analytics

The services contained in this section enable us to monitor and analyse web traffic and

can be used to keep track of User behaviour as authorized by your and third parties.

3.6.2 Google Analytics (Google Inc.)

Google Analytics is a web analysis service provided by Google Inc. (“Google”). Google

utilizes the Data collected to track and examine the use of this Application, to prepare

reports on its activities and share them with other Google services. Google may use the

Data collected to contextualize and personalize the ads of its own advertising network.

Personal Data collected: Cookie and Usage data. Place of processing: USA – Privacy

Policy – opt Out

3.6.3 Google Tag Manager (Google Inc.)

Google Tag Manager is an analytics service provided by Google Inc. Personal Data

collected: Cookie and Usage data. Place of processing: USA – Privacy Policy

3.7 Information Security

Tiqs B.V. is committed to processing your personal information in accordance with

required security standards. As noted above we restrict access of your personal

information to employees who need the information to offer our service to you and we

maintain physical, electronic and procedural safeguards that comply with the European

laws and regulations to guard your personal information. We regularly test our security

systems, including but not limited to, our security standard PCI DSS (Payment Card

Industry Data Security Standard).

The security of your information at Tiqs B.V.! is also protected through your Tiqs

B.V.! password and you should not share your password with other under any

circumstances to maintain the privacy of your own personal account and related

information. !We will never ask you to send us your password or any other sensitive

information to our e-mail address, although we might ask you to enter this information

on the website of Tiqs B.V. All transactions of personal information, both for you and for

others, happen via a secure channel (SSL protocols). We urge you to check the

authenticity of the certificates to ensure safety of the connection to our servers with

respect on ongoing transactions.

3.7.1 Access to and Modifying your Information

You can evaluate the personal information that you provide to us yourself and apply any

desired change on your information, or to the settings of your Tiqs B.V.! account at any

time by logging into your account on the Tiqs B.V. website and changing your

preferences on the Profile Page at all times.

If you wish to know what Tiqs B.V. has collected about you or you wish to change data

that you cannot change yourself in your account, you can send an email to

DPO@Tiqs.com Tiqs B.V. will provide you with the information within four (4) weeks and a

status update at the earliest

3.7.2

If you have any questions about this Privacy Policy please contact us using the contact

details mentioned below.

Tiqs B.V.!Wasbeekerlaan 38, 2171 AE Sassenheim,!The Netherlands.!info@tiqs.com

4. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS.

!When accessing the Site or

using the Service, you agree to obey the law and to respect the intellectual property

rights of others. Your use of the Service and the Site is at all times governed by and

subject to laws regarding copyright ownership and use of intellectual property. You

agree not to upload, download, display, perform, transmit, or otherwise distribute any

information or content (collectively, Content) in violation of Company’s or any third

party’s copyrights, trademarks, or other intellectual property or proprietary rights. You

agree to abide by laws regarding copyright ownership and use of intellectual property,

and you shall be solely responsible for any violations of any relevant laws and for any

infringements of company’s or third party rights caused by any Content you provide or

transmit, or that is provided or transmitted using your User ID. The burden of proving

that any Content does not violate any laws or third-party rights rests solely with you.

5. INAPPROPRIATE CONTENT.

!You shall not make the following types of Content

available. You agree not to upload, download, display, perform, transmit, or otherwise

distribute any Content that (a) is libellous, defamatory, obscene, abusive, or threatening;

(b) advocates or encourages conduct that could constitute a criminal offense, give rise

to civil liability, or otherwise violate any applicable local, state, national, or foreign law or

regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or

services. You further agree not to upload, download, display, perform, transmit, or

otherwise distribute to the Site or Service any surveys, contests, pyramid schemes,

chain letters, junk mail, spam, unsolicited messages, viruses, trojan horses, worms, time

bombs, cancelbots, corrupted files, or similar software. You also agree not to use

metatag searches of the Site or the Service or create a false identity for the purpose of

misleading others. Company reserves the right to terminate your receipt, transmission,

or other distribution of any such material using the Site or the Service, and, if applicable,

to delete any such material from its servers. Company intends to cooperate fully with

any law enforcement officials or agencies in the investigation of any violation of these

6. COPYRIGHT INFRINGEMENT.

!Company has in place certain legally mandated

procedures regarding allegations of copyright infringement occurring on the Site or with

the Service. Company has adopted a policy that provides for the immediate suspension

and/or termination of any Site or Service user who is found to have infringed on the

rights of Company or of a third party, or otherwise violated any intellectual property

laws or regulations. Company’s policy is to investigate any allegations of copyright

infringement brought to its attention. If you have evidence, know, or have a good faith

belief that your rights or the rights of a third party have been violated and you want

Company to delete, edit, or disable the material in question, you must provide Company

with all of the following information: (a) a physical or electronic signature of a person

authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;

(b) identification of the copyrighted work claimed to have been infringed, or, if multiple

copyrighted works are covered by a single notification, a representative list of such

works; (c) identification of the material that is claimed to be infringed or to be the

subject of infringing activity and that is to be removed or access to which is to be

disabled, and information reasonably sufficient to permit Company to locate the

material; (d) information reasonably sufficient to permit Company to contact you, such

as an address, telephone number, and if available, an electronic mail address at which

you may be contacted; (e) a statement that you have a good faith belief that use of the

material in the manner complained of is not authorized by the copyright owner, its agent,

or the law; and (f) a statement that the information in the notification is accurate, and

under penalty of perjury, that you are authorized to act on behalf of the owner of an

exclusive right that is allegedly infringed. For this notification to be effective, you must

provide it to Company’s designated agent at:

Manager of Website Affairs and DPO (“Data Privacy Officer”)

7. ALLEGED VIOLATIONS.

!Company reserves the right to terminate your use of the

Service and/or the Site. To ensure that Company provides a high quality experience for

you and for other users of the Site and the Service, you agree that Company or its

representatives may access your account and records on a case-by-case basis to

investigate complaints or allegations of abuse, infringement of third party rights, or

other unauthorized uses of the Site or the Service. Company does not intend to disclose

the existence or occurrence of such an investigation unless required by law, but

Company reserves the right to terminate your account or your access to the Site

immediately, with or without notice to you, and without liability to you, if Company

believes that you have violated any of the Terms of Use, furnished Company with false

or misleading information, or interfered with use of the Site or the Service by others.

8. NO WARRANTIES.

COMPANY HEREBY DISCLAIMS ALL WARRANTIES.

!COMPANY IS

MAKING THE SITE AVAILABLE AS IS WITHOUT WARRANTY OF ANY KIND. YOU

ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY

TO USE, THE SITE OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW,

COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED,

REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES

OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR

NONINFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE SITE OR THE

SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE

OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

9. LIMITED LIABILITY.

!IN NO EVENT SHALL COMPANY BE LIABLE FOR DAMAGES OF

ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR

CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE

FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH

YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU

BY COMPANY. This limitation shall apply regardless of whether the damages arise out of

breach of contract, tort, or any other legal theory or form of action.

10. AFFILIATED SITES AND THIRD-PARTY CONTENT.

!Company has no control over,

and no liability for any third-party websites or materials. Company works with a number

of partners and affiliates whose Internet sites may be linked with the Site. Because

neither Company nor the Site has control over the content and performance of these

partner and affiliate sites, Company makes no guarantees about the accuracy, currency,

content, or quality of the information provided by such sites, and Company assumes no

responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content

that may reside on those sites.

Similarly, from time to time in connection with your use of the Site, you may have access

to content items (including, but not limited to, websites) that are owned and/or posted

to the Site or the Service by third parties. You acknowledge and agree that Company

makes no guarantees about, and assumes no responsibility for, the accuracy, currency,

content, quality or unlawfulness of this third-party content, and that, unless expressly

provided otherwise, these Terms of Use shall govern your use of any and all third party

content. Any User Content, including, but not limited to, information, website links,

opinions, statements, services, advice, offers, or other content posted on this Site by

any person or entity, including, but not limited to, manufacturers, distributors, users, or

others, are those of that person only and do not state or reflect the content, information,

opinions, statements, services, advice or offers of Company. Any references to any

commercial products or services by trade name, trademark, manufacturer, or otherwise,

do not constitute or imply its endorsement, recommendation, or favouring by Company.

11. PROHIBITED USES.

!Company imposes certain restrictions on your permissible use

of the Site and the Service. You are prohibited from violating or attempting to violate

any security features of the Site or Service, including, without limitation, (a) accessing

content or data not intended for you, or logging onto a server or account that you are

not authorised to access; (b) attempting to probe, scan, or test the vulnerability of the

Service, the Site, or any associated system or network, or to breach security or

authentication measures without proper authorization; (c) interfering or attempting to

interfere with service to any user, host, or network, including, without limitation, by

means of submitting a virus to the Site or Service, overloading, flooding, spamming, mail

bombing, or crashing; (d) using the Site or Service to send unsolicited e-mail, including,

without limitation, promotions, or advertisements for products or services; (e) forging

any TCP/IP packet header or any part of the header information in any e-mail or in any

posting using the Service; or (f) attempting to modify, reverse-engineer, decompile,

disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form

any of the source code used by Company in providing the Site or Service. Any violation

of system or network security may subject you to civil and/or criminal liability.

12. INDEMNITY.

!You agree to indemnify Company for certain of your acts and

omissions. You agree to indemnify, defend, and hold harmless Company, its affiliates,

officers, directors, employees, consultants, agents, and representatives from any and all

third party claims, losses, liability, damages, and/or costs (including reasonable attorney

fees and costs) arising from your access to or use of the Site, your violation of these

any intellectual property or other right of any person or entity. Company will notify you

promptly of any such claim, loss, liability, or demand, and will provide you with

reasonable assistance, at your expense, in defending any such claim, loss, liability,

damage, or cost.

13. GOVERNING LAW.

!These Terms of Use shall be construed in accordance with and

governed by Dutch laws of Netherlands. You hereby irrevocably consent to Laws of

Netherlands in all disputes arising out of or related to the use of the Site or Service.

Explicitly the court of The Hague is chosen.

14. Mediation/ Arbitration/ Litigation.!All disputes between the parties will be

mediated to the fullest extent unless litigation form an essential part of the claim

which needs to be adjudicated and the dispute cannot be resolved through Mediation

first and then an arbitration process.

15. SEVERABILITY; WAIVER.!

If, for whatever reason, a court of competent jurisdiction

finds any term or condition in these Terms of Use to be unenforceable, all other terms

and conditions will remain unaffected and in full force and effect. No waiver of any

breach of any provision of these Terms of Use shall constitute a waiver of any prior,

concurrent, or subsequent breach of the same or any other provisions hereof, and no

waiver shall be effective unless made in writing and signed by an authorized

representative of the waiving party.

16. NO LICENSE.

!Nothing contained on the Site should be understood as granting you a

license to use any of the trademarks, service marks, or logos owned by Company or by

any third party.

17. MODIFICATIONS.

!Company may, in its sole discretion and without prior notice, (a)

revise these Terms of Use; (b) modify the Site and/or the Service; and (c) discontinue the

Site and/or Service at any time. Company shall post any revision to these Terms of Use

to the Site, and the revision shall be effective immediately on such posting. You agree to

review these Terms of Use and other online policies posted on the Site periodically to be

aware of any revisions. You agree that, by continuing to use or access the Site following

notice of any revision, you shall abide by any such revision.

18. ENTIRE AGREEMENT.

!This Agreement shall serve as the entire Agreement between

You and Company.

19. ACKNOWLEDGEMENT.!BY USING THE SERVICE OR ACCESSING THE SITE, YOU

ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE

BOUND BY THEM. IF YOU DO NOT AGREE TO THE TERMS MENTIONED IN THIS

AGREEMENT, THEN YOU MUST DISCONTINUE THE USE OF THE SITE AND/OR

SERVICE.