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Privacy Policy

Last Updated: October 25th, 2022

This is the Privacy Policy offered by :

Peter & Clark – Multilingual Communication S.A.
Peter & Clark – Services S.A.
Peter & Clark – Technologies S.à r.l.

In their capacity of Joint-Controllers pursuant to the terms of the Regulation (EU) 2016/679 of the European Parliament and of the Council 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, the general data protection regulation (GDPR).

For detailed contact information, visit our websites:

To contact our Data Protection Officer (DPO), please write to dpo@peterandclark.com

 

In short:

 

We will not give your data to third parties to use for their benefit without asking your permission.

We will never sell your data to any third-parties. We will not harvest or buy personal data in bulk and use them without permission from those who the data are about. We will not collect data about your behavior on our websites. For all the details on what we will do with your data, please read on.

Peter & Clark entities need some of your personal data if you purchase or use our products or services, or when you contact us, request for a quote or a deal, or when you access certain services or documents on our websites or portal. We also collect personal data when someone applies for a job by e-mail or through our LinkedIn pages.

If you represent an organization that purchases or uses our products and services, your personal data will be used in connection to this organization.

Peter & Clark entities are the data controllers and, in most cases, the data processing agent for your personal data.

We control, process, and protect your personal data according to the 2016/679/EC (GDPR) regulation of the European Commission, domestic data protection regulations as well as our audited information security management system.

 

 

A. General policies

1. What personal data do we collect?

In general, we collect the following types of data from you :

      • Name
      • E-mail address
      • Organization (company)
      • Country
      • City
      • Address
      • Phone numbers

If you purchase or subscribe to products or services, we also collect your billing details.

Whenever we collect personal data from you, as data subject, we assume that you provide your own details, not the details of someone else. If, however, you fill in someone else’s data, please make sure you have the express, written, and voluntary consent of that person – or else a written authorization if you are filling in data on behalf of your employer or a manager at work.

For more specific information on the data we collect and the purposes we use them for, please read on below for the sections that apply to you.

 

2. Why do we need your data?

In general, we need your personal data for the following purposes:

      • Processing your translation needs/use of our iTMS platform;
      • Billing you for paid services you purchase or subscribe to;
      • Inviting you to surveys about our products or services for the purpose of quality assurance as well as more accurate planning;

Storing and keeping some of your data may be required by law – see the section about how long we keep your data.

Processing your data for some purposes may be required for us to comply with existing contracts. In such cases, opting out from data processing is not possible without terminating the related contract.

For more specific information on the data we collect and the purposes we use them for, please read on for the sections that apply to you.

 

3. How we will not use your data

We will not disclose your personal data to any unauthorized third-party recipients without your prior express consent.

If you are a citizen of the European Union, we will not transfer your data to external data processing agents that store or process the data in countries that are not approved by the European Commission due to lack of appropriate data protection regulations or infrastructure.

Your data will be processed in the European Union or in the United States, by external data protection agents that either offer GDPR compliance and being recognized as providing adequate protection.

For more details about the external data processing agents we use, see the next section.

 

4. Who will process your data and where?

For the purposes of mass e-mailing, surveys and recruitment, and translating your documents, we are contracting and using the following external data processing agents :

      • SurveyMonkey : Survey collection and analysis service. This provider is based in the United States. Their privacy policy is available at https://www.surveymonkey.com/mp/legal/privacy-policy/. In their privacy policy, you are a ‘Respondent’.
      • LinkedIn : Communications and recruitment service. This provider is based in the United States. Their privacy policy is available at https://www.linkedin.com/legal/privacy-policy. In their privacy policy, you are either a ‘member’ or a ‘visitor’.
      • Kilgray Zrt, as we are using a MemoQ server to translate your documents. This provider is based in Hungary and their privacy policy is available at https://www.memoq.com/en/privacy-policy.

The above data processing agents are exclusively used for the specific purposes outlined above. For all other purposes, we store and process your data on servers we host or have hosted in Luxembourg and Ireland.

As of May 24, 2018, we have a data processing agreement with each of the above data processing agents.

 

5. How long do we keep your data ?

Under Luxembourgish law, we are required to keep your billing details and all documents about your business transactions with Peter & Clark entities for 10 years after your last purchase according to the Data Retention Policy.

These documents include offers, quotes, contracts, invoices, banking documents and customer support communication. After this period, your personal data will be irreversibly destroyed.

Any personal data held by us for marketing and service update notifications will be kept by us until such time that you notify us that you no longer wish to receive this information. If you wish to know more about our data retention policy, please contact us.

 

6. What are your rights ?

Regarding the personal data we collect and use, you have the right to :

      • require us to inform you about the data we are storing and processing about you;
      • require us to rectify or erase these data (exceptions may apply if the law or existing contracts require so);
      • restrict or object to the data processing;
      • transfer your data without restrictions to another data controller. This is called the right to data portability;
      • withdraw your consent to process your data in general or for specific purposes (opt-out). Our actions to process your data before the time you withdraw your consent will still remain lawful.

More specifically:

If you believe that any personal data we hold on you is incorrect or incomplete, you may request to see this information, and have it corrected or deleted. Please contact us through our DPO.

If you wish to complain about how we have handled your personal data, please contact our DPO by e-mail or in writing at Solarwind Building, 11, rue de l’Industrie, L-8399 Ecoparc Windhof, Luxembourg. Our DPO will then look into your complaint and work with you to resolve the matter.

If you still feel that your personal data have not been handled appropriately according to the law, you may contact the Luxembourgish Data Protection Authority and file a complaint with them.

 

7. Exceptions and restrictions

To these rights, the following exceptions and restrictions may apply:

      • The above rights may not apply to non-personal data – if the data are about an organization and are not suitable to identify individuals.
      • For specific (contractual) purposes, you – as an individual – may have the right to opt out from data processing. However, the organization you represent may not have this right. In this case, you are kindly asked to provide the data of another (consenting) representative to be the contact for your organization.

8. What rights do organizations have?

Privacy rights apply to individuals only. Organizations – legal entities – do not have these rights.
The rights of organizations originate from the General Terms of Service, as well as the Civil Code of Luxembourg, except where an individual agreement specifies otherwise.

 

B. Specific policies by service

You need to read these sections in order to learn all the specifics about the data we collect from you and the purposes we use them for. Read all sections that apply to you – there can be more than one.

 

1. Are you an individual user of Peter & Clark – Multilingual Communication and/or Peter & Clark – Services?

As an individual user of our services, you have two agreements with us: a quote/contract and a service agreement (see our General Terms of Service through the link provided).

We collect the following data from you:

      • Name
      • E-mail address
      • Organization (company)
      • Country
      • City
      • Address
      • Phone numbers

What gives us the right to process these data?

      • Tax regulations : For 10 years after a purchase, we must be able to provide proof of the business transaction to the tax authorities. For this purpose, we must retain the billing details and the related documents.
      • Contractual obligations : Our agreements require that you specify valid contact details, so that we can check your eligibility to contract to the related services and communicate with you concerning the products and services you are using. If you ask us to erase your data or restrict this type of data processing, you may only do so if you terminate your agreements with us.
      • Your consent : We may send you e-mails containing general or targeted offers, invitations to events or surveys concerning quality assurance. By entering into a service agreement with us, you consent to receive such communication from us. However, you may withdraw your consent at any time, without giving a reason.

2. Do you represent an organization that uses our iTMS platform (Peter & Clark – Technologies)?

As a representative of a corporate user of iTMS, your organization has two agreements with us: a contract and a service agreement (see the General Terms of Service).

We collect the following data from you:

      • Name
      • E-mail address
      • Organization (company)
      • Country
      • City
      • Address
      • Phone numbers
      • In case of purchase: Billing address of the organization (which, depending on the circumstances, may or may not be personal information)

What gives us the right to process these data?

      • Tax regulations: For 10 years after a purchase, we must be able to provide proof of the business transaction to the tax authorities. For this purpose, we must retain the billing details and the related documents.
      • Contractual obligations: Both the contract and the related service agreement require that you specify valid contact details, so that we can check your organization’s eligibility to the related services and communicate with you concerning the products and services you are using. Such communication includes information about the licenses and services you are using, expiry reminders, update notifications, etc.
      • If you ask us to erase your personal data or restrict this type of data processing, your organization will be required to appoint another contact person and supply us with their details.
      • Your consent: We may send you e-mails containing general or targeted offers, invitations to events or surveys concerning quality assurance. By entering into a contract or service agreement with us, you consent to receive such communication from us. However, you may withdraw your consent at any time, without giving a reason. Your organization may also appoint another contact person who consents to receive such communication.

3. Are you applying for a job?

You will be asked to provide us with your resumé and give your consent to process your data. Personal data in the resumé will be processed in by us.

You may deny or withdraw your consent to process your resumé, but that may make you unable to apply for a position with us.

 

 

 

Danielle COMODI

Erik HERMANS

Gabriel BLESER

Terms of Use

Last Updated: March 30th, 2021

These Terms of Use (these “Terms of Use”) form a part of the agreement (the “Agreement”) between Peter & Clark –  Multilingual Communication S.A. and its affiliated companies (“Affiliates”) (collectively, “Peter & Clark”, “We”, “Us” or “Our”)  and you (“You”, or ‘”Your”) in connection with Peter & Clark’s services including financial and legal translation, plain language services, transcreation, authoring/copywriting and online & social media, and the content (which also includes information and data) created or provided and the deliverables and other results thereof  (each, a “Service”, and collectively, the “Services”)  These Terms of Use cover Your access and use of Our Services, which includes, without limitation, websites and domains owned, operated or offered by, through, on behalf of, or in conjunction with Peter & Clark. “Users” are persons that access and use the Services, including persons as may from time to time be designated or permitted by or through You.  Any capitalized terms not defined herein are as set forth in the Agreement between You and Peter & Clark.

By accessing and using the Services, You agree to the terms and conditions of these Terms of Use.  If You do not agree to these Terms of Use, please do not access or use the Services.

These Terms of Use are subject to change at any time and from time to time without notice in Peter & Clark’s sole and absolute discretion.  You can determine when these Terms of Use were last revised by referring to the “Last Updated” legend at the top of this page.  Any changes to these Terms of Use will become effective upon posting of the revised Terms of Use on Peter & Clark’s website. If You don’t agree to any changes to these Terms of Use, please stop using the Services. Your access and use of the Services following such changes constitutes Your acceptance of the revised Terms of Use then in effect.  You should in any event periodically review these Terms of Use to assure that these Terms of Use aligns with Your needs and expectations, as they may also change from time to time.

 

License

Provided You comply with these Terms of Use, Peter & Clark grants You a limited, nonexclusive, nontransferable, revocable license to access and use the Services, solely for the purposes of using the Services in strict accordance with the terms of the Agreement. This license is revocable at any time by Peter & Clark in its sole and absolute discretion.

This license does not include: (a) modifying or otherwise making any derivative works or uses of the Services, or any portion thereof; (b) use of any data mining, robots, or similar data gathering or extraction methods; (c) downloading of any portion of the Services, except as expressly permitted by the Services; and (d) the use of the Services other than for their intended purposes.  Any unauthorized use may also violate applicable laws including, without limitation, copyright and trademarks laws, and other local, state, national and international laws, rules and regulations (collectively, “Laws”).

Nothing involving the Services or these Terms of Use shall be construed as conferring any ownership to intellectual property rights, whether by estoppel, implication or otherwise.  Without limiting the foregoing, all content and Our trademarks, service marks, logos, slogans set forth or shown on or through the Services are the sole and exclusive property of Peter & Clark.  Any unauthorized use or misuse is strictly prohibited and may result in legal action and penalties.

 

Acceptable Use

You agree not to misuse the Services or help or assist anyone else to do so.

Without limiting the foregoing, You agree not to create, post, upload, transmit, distribute, store, or otherwise publish on or through the Services any of the following:

  • content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, false, misleading, fraudulent, or otherwise objectionable;
  • content that promotes or advocates bigotry or hatred against any person or group of persons based on any protected category under applicable Laws including, without limitation, based on their race, religion, ethnicity, sex, gender identity, sexual preference, disability or impairment, or that stalks, intimidates, threatens or harasses or causes discomfort to any User or other person;
  • content that violates or would create any liability under any Laws in any way, or that would constitute or encourage or provide instructions for a criminal offense, or that would violate the privacy or legal rights of any person;
  • content that constitutes or involve unsolicited or illegal promotions, advertising or solicitations;
  • content that would constitute or include false-source identifying information (e.g. “spoofing” or “phishing”), or otherwise impersonates any User or other person or otherwise misrepresents who You are, or who You represent or are affiliated with;
  • content that constitutes or includes any corrupted data, virus or other malware, or constitutes or includes a denial-of-service attack or spam, breaches or otherwise circumvents or attempts to circumvent any filtering, security or authentication measures, probes, scans or tests the vulnerability of the Services, any system or network, or otherwise interferes with, or disrupts or is destructive of the Services, any User, host, network or system; or
  • content that sells the Services, or promotes or advertises any products or services, or sends unsolicited communications, promotions or advertisements, or constitutes a chain letter or pyramid scheme.

Enforcement of User content or conduct rules set forth in these Terms of Use is at Peter & Clark’s sole and absolute discretion, and failure to enforce such rules in some or any instances does not constitute a waiver of Peter & Clark’s right to enforce such rules in other instances.  These rules do not create any private right of action on the part of any third party, or any reasonable expectation that the Services will not contain any content that is prohibited by such rules. Although Peter & Clark has no obligation to screen, edit or monitor any content, Peter & Clark reserves the right, and has absolute discretion, to remove, screen or edit any content at any time with or without cause or reason and without notice.  You are solely liable for creating backup copies of and replacing any content at Your sole cost and expense.

 

Disclaimer; Services “As Is”

TO THE FULLEST EXTENT PERMITTED BY LAW AND NOTWITHSTANDING ANYTHING IN THESE TERMS OF SERVICE, THE AGREEMENT OR OTHEWISE TO THE CONTRARY, PETER & CLARK AND AFFILIATES, SUPPLIERS, DISTRIBUTORS AND BUSINESS PARTNERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES, THEIR AVAILABILITY, FUNCTIONALITY, ACCURACY OR RELIABILITY, OR YOUR ACCESS OR USE THEREOF, OR THAT THEY ARE ACCURATE, CORRECT, USABLE, RELIABLE, MEET YOUR EXPECTATIONS, ARE ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICES ARE PROVIDED SOLELY ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. PETER & CLARK EXPRESSLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT AS TO THE SERVICES, INCLUDING, WITHOUT LIMITATION, THE INFORMATION, DATA, CONTENT AND MATERIALS CONTAINED THEREIN.

Peter & Clark reserves the right in Our sole and absolute discretion to change any and all content contained on or through the Services, and to modify, suspend or discontinue all or any part of the Services or any features or functionality of the Services at any time and from time to time without notice and without obligation or liability to You or anyone else.  References to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation with Us, or any right, title or ownership of or in or to such third party’s content, trade name, trademark or other intellectual property rights owned or licensed by anyone else.

 

Limitations of Liability

PETER & CLARK DOESN’T EXCLUDE OR LIMIT ITS LIABILITY TO YOU WHERE IT WOULD BE ILLEGAL TO DO SO.

TO THE FULLEST EXTENT PERMITTED BY LAW AND NOTWITHSTANDING ANYTHING IN THESE TERMS OF SERVICE, THE AGREEMENT OR OTHERWISE TO THE CONTRARY: (A) IN NO EVENT SHALL PETER & CLARK OR AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, MEMBERS, OFFICERS, EMPLOYEES OR AGENTS  (COLLECTIVELY, THE “COVERED PARTIES”) BE LIABLE FOR (i) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOST REVENUES, LOST PROFITS, LOST SAVINGS, LOST BUSINESS, LOST OPPORTUNITY OR LOST, CORRUPTED OR INTERCEPTED DATA, REGARDLESS OF THE LEGAL THEORY OR CAUSE OF ACTION, ARISING  OUT OF OR IN ANY WAY CONNECTED WITH OR RELATING TO THE USE OR INABILITY TO USE THE SERVICES, WHETHER OR NOT PETER & CLARK OR ANY AFFILIATE IS AWARE OR HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, (B) IN NO EVENT WILL THE AGGREGATE LIABILITY OF PETER & CLARK AND AFFILIATES TO YOU ARISING OUT OF OR IN ANY WAY CONNECTED WITH OR RELATING TO THE USE OR INABILITY TO USE THE SERVICES EXCEED AN AGGREGATE OF ONE UNITED STATES DOLLAR (US$1.00), REGARDLESS OF THE LEGAL THEORY OR CAUSE OF ACTION.

 

Entire Agreement; No Third-Party Beneficiary

These Terms of Use constitute the entire agreement between You and Peter & Clark with respect to the subject matter of these Terms of Use and supersede and replace any other prior or contemporaneous representations, understandings, commitments, agreements, or terms and conditions applicable to the subject matter of these Terms of Use. These Terms of Use create no third-party beneficiary rights.

 

Assignment

You may not assign or transfer any of Your rights under these Terms of Use, and any attempt to do so shall be void and of no force and effect.  Peter & Clark may assign or transfer all or any portion of its rights and obligations to any one or more Affiliates, or to any successor in interest of any business associated with the Services.

 

Governing Law; Exclusive Dispute Forum

These Terms of Service shall be governed by and interpreted in accordance with the internal laws of the Grand-Duchy of Luxembourg excluding any conflict of laws principles. 

All claims and disputes under or arising out of these Terms of Service shall be exclusively resolved by arbitration at the Arbitration Center of the Chamber of Commerce of the Grand-Duchy of Luxembourg in accordance with its Rules of Arbitration and before a single arbitrator whose costs and fees shall be split equally between the parties. The arbitrator’s decision shall be final and binding and may be entered as a judgement in any court having jurisdiction.

 

Contact Information

If You have any questions concerning these Terms of Service, please send Peter & Clark an email at: contact@peterandclark.com