Silicon Power takes your privacy very seriously and shall handle your personal data with the utmost security and care. In this Privacy Statement you will learn how we handle your data as well as learn about your rights concerning our processing of your data. We advise that you read this Privacy Statement thoroughly. Should you have any questions or remarks, please contact us at firstname.lastname@example.org.
Who is Silicon Power?
Silicon Power is the besloten vennootschap Silicon Power Computer & Communications Inc, with registered office at (1322 AB-16) Almere listed at the Traderegister of the Dutch Chamber of Commerce under .
Silicon Power is as the controller ultimately responsible with regard to the processing of your personal data.
How does Silicon Power use your personal data?
Underneath you will find an overview of the purposes for the processing of your personal data. You will also find a specification of which data Silicon Power uses for that specific purpose, the legal justification, and the amount of time Silicon Power keeps this data. For clarity’s sake, we have categorised the purposes.
(1) Services, customer management and financial administration
(a) Purpose: Invoicing
(b) Information: Home address, Delivery address, Billing address, Email, Phone, Payment information, Order Number, COC number, Customer number
(c) Legal basis: Necessary for the performance of a contract
(d) Storage period: As long as necessary for this purpose
(e) Purpose: CRM
(f) Information: Name, Email, Order history, Phone
(g) Legal basis: Legitimate interests
(h) Importance: Commercial interests
(i) Storage period: As long as necessary for this purpose
(a) Purpose: Newsletter
(b) Information: Name, Email Legitimate interests
(c) Legal basis: Legitimate interests
(d) Interest concerned: Commercial interests
(e) Storage period: As long as necessary for this purpose
(a)Purpose: Website analytics
(b)Information: Online behaviour, Location
(c)Legal basis: Legitimate interests
(d)Interest concerned: Commercial interests
(e)Storage period: As long as necessary for this purpose
(f)Purpose: A/B testing
(g)Information: Online behaviour, Location
(h)Legal basis: Legitimate interests
(i)Interest concerned: Commercial interests
(j)Storage period: As long as necessary for this purpose
(4) Security and fraud prevention
(a)Purpose: ID verification
(b)Information: Financial equity, Financial transactions, Professional activities, Agreements and settlements, Name, Address, Social security number
(c)Legal basis: Necessary for the performance of a contract
(d)Storage period: As long as necessary for this purpose
(e)Purpose: Credit check
(f)Information: Financial equity, Financial transactions, Professional activities, Agreements and settlements, Name, Address, Social security number
(g)Legal basis: Necessary for the performance of a contract
(h)Storage period: As long as necessary for this purpose
How did we obtain your personal data?
Silicon Power has obtained your data because you have provided this data to us.
What are your rights?
Under the European General Data Protection Regulation you have a number of rights with regard to your data and the processing thereof:
You may access your personal information and make any necessary changes in your account. If you would like to see which personal data Silicon Power has obtained about you, you may exercise your right of access by submitting a request to Silicon Power.
(2) Making changes
If you wish to make changes to the personal information that you have seen as a result of a request for access and you are unable to make the changes yourself in your account, you may request that Silicon Power makes these changes for you. You may request that Silicon Power modifies, corrects, supplements, erases or shields your information.
(3) Restriction of processing of personal data
You also have the right, under certain conditions, to ask Silicon Power to restrict the processing of your personal data.
(4) Right to object
If processing of your data takes place on the grounds of 'legitimate interest' by Silicon Power or a third party, you have the right to object to that processing.
(5) Portability of data
You have the right to obtain your personal data from Silicon Power. Silicon Power will provide this in a structured and commonly used format, which can easily be opened using commonly used digital systems.
(6) Automated processing
Whenever a decision about you is taken that is completely based on automated processing of your personal data, you have the right to request that that decision be re-evaluated by a person. You may at all times let us know your position on that decision or let us know that you do not agree with our decision.
(7) Withdrawing consent
When the legal basis for a particular processing is your explicit consent, you have the right to withdraw that consent. This does not affect past processing, but does mean that we will no longer be allowed to process this data in the future. It may also result in Silicon Power no longer being able to provide you with certain services.
(8) Response from Silicon Power
A request can be sent to email@example.com. Silicon Power will comply with your request as soon as possible and in any case no later than one (1) month after Silicon Power has received such a request. If Silicon Power rejects your request, we will indicate in our reply why the request was rejected.
(9) Recipients of your personal data
Your data may be transmitted to:
(a) Data processors
(b) Parties that are involved in the execution or fulfilment of an agreement between you and Silicon Power
(c) External consultants
It is possible that Silicon Power is required to submit your data to a third party, for example to fulfil a legal obligation.
Transfer to third countries or international organisations
It may be necessary, for instance for technical and operational reasons, to transfer your (personal) data to affiliates of Silicon Power located outside the European Economic Area. Due to the possibility that the regulations in the area of privacy protection do not offer the same protection as within the European Economic Area, Silicon Power will use the Privacy Shield or the EU Model Clauses to protect your privacy as much as possible. If that is not possible, Silicon Power will ask your consent to transfer your (personal) data to countries that do not maintain an adequate protection level. You may withdraw your consent at any time.
Automated Decision Making
Silicon Power can use automated decision-making processes based on your data, when you have given us permission to do so. It is possible that, based on your profile, you will be shown an adjusted price for Silicon Power’s products or services.
What are cookies and how does Silicon Power use them?
Cookies are small pieces of (text) information that are sent to your browser when you visit the website of Silicon Power and then stored on the hard disk or in the memory of your device. The cookies placed via Silicon Power’s website cannot damage your device or the files stored on it. With 'cookies', we also mean comparable techniques collecting information, such as device fingerprinting.
Can changes be made to this Privacy Statement?
This Privacy Statement is subject to changes. We therefore advise you to regularly read the Privacy Statement for any such changes.
Questions, remarks, and complaints
If you have any questions regarding this Privacy Statement or the way in which Silicon Power uses your data, you can send an e-mail to firstname.lastname@example.org. If you have a complaint about the way your data is processed, please send an e-mail to email@example.com. Furthermore, you always have the right to contact the competent national data protection authority. In The Netherlands, this is the Autoriteit Persoonsgegevens.
GENERAL TERMS AND CONDITIONS OF Silicon Power Computer & Communications Netherlands B.V
1. GENERAL TERMS AND CONDITIONS OF Silicon Power Computer & Communications Netherlands B.V.
The following are the general terms and conditions ("Terms and Conditions") in respect to all products of Silicon Power Computer & Communications Netherlands B.V and its branch, affiliated company ("Silicon Power"). These Terms and Conditions are effective as of the date of delivery hereof to Silicon Power's customer.
Customer shall be deemed to have accepted these Terms and Conditions upon the earlier to occur of receipt hereof or customer’s acceptance of any product or service referenced herein.
2. EXCLUSIVE TERMS AND CONDITIONS OF SALE. Together with any Silicon Power document into which these Terms and Conditions may be incorporated, these Terms and Conditions represent the exclusive terms and conditions of sale of Silicon Power’ products to customer.
Silicon Power' failure to expressly object to any provisions contained in any purchase order or other communication from any customer shall not be construed as either a waiver of these Terms and Conditions, or an acceptance of any such provisions on the part of Silicon Power.
3. TAXES. Sales or other taxes are not included in any price of any products sold. All personal property taxes assessed or assessable on any product after delivery shall be borne by customer.
In the event Silicon Power is required to pay any such tax, levy, duty or assessment, customer shall forthwith reimburse Silicon Power.
4. DELIVERY, RISK OF LOSS, ETC.
(a) Delivery. Unless Silicon Power shall have otherwise agreed in writing, any delivery shall be EXW- Netherlands (Almere).
All transportation charges or costs of insurance which may be assessed in connection with all products delivered hereunder shall be in addition to the price and shall be paid by customer.
(b) Drop Shipments. Silicon Power will direct ship orders only to “Ship To” addresses previously authorized by Silicon Power.
5. PRICE, PAYMENT AND SECURITY INTEREST.
(a) Price. All prices for products reflected in any documents or instruments delivered to customer essentially simultaneously with these Terms and Conditions supersede all previous price lists.
Bulk price items include all discounts.
(b) Payment Terms.The payment term state to each Silicon Power invoice separately.
(c) Set off; Recoupment. Under no circumstances, from whatever source derived, may customer set-off or recoup any amount which customer asserts that Silicon Power is, or may become, obligated to pay customer against any amount customer is, or may become, obligated to pay Silicon Power in connection with any sale of product pursuant to these Terms and Conditions.
6. WARRANTY. THE WARRANTIES PROVIDED IN THESE TERMS AND CONDITIONS ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED.
THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THESE TERMS AND CONDITIONS, ALL OF WHICH SILICON POWER EXPRESSLY DISCLAIMS,
INCLUDING THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE AND/OR THE WARRANTY OF MERCHANTABILITY.
Any descriptions, plans or specifications in respect to any products heretofore furnished or shown to customer were intended for the limited purpose of identifying such products, or to generally suggest the nature of such products, and such descriptions, plans or specifications were not intended to serve as a representation or warranty as to the nature or quality of such products or to become a part of the basis for the bargain between customer and Silicon Power.
(a) Products Manufactured by Silicon Power. Unless otherwise stated to the customer in a writing signed by an authorized officer of Silicon Power,
In the event of a claim made pursuant to Silicon Power warranties, then at Silicon Power’s sole election.
(I)customer shall return the defective product with the invoice or other purchased certificates to Silicon Power and Silicon Power shall repair or replace the defective item, (II) customer shall repair the defective product using replacement materials supplied by Silicon Power, or (III) Silicon Power may repair the defective product where it is located.
SILICON POWER’S SOLE OBLIGATION UNDER THE WARRANTY SHALL BE WITH RESPECT TO DEFECTIVE PRODUCT
ABOUT WHICH SILICON POWER ACTUALLY RECEIVES WRITTEN NOTICE OF DEFECT DURING THE WARRANTY PERIOD.
(b) Return. All returns to Silicon Power are to be in accordance with Section 8 “RETURNS” below, cost of shipment shall be paid by customer to the address specified by Silicon Power.
Customer shall be responsible for proper packaging and undamaged arrival of returned products at proper destination.
Silicon Power assumes no responsibility for improper or unauthorized returns
Silicon Power will in turn prepay shipment to customer of products or materials intended as replacements under this warranty.
None of Silicon Power’ Warranties shall extend to any product that has been subjected to misuse for any reason, including operation contrary to
Silicon Power's printed instructions, neglect, accident, improper installation, application of improper power, improper matching, or to repairs or modifications performed by anyone other than Silicon Power’ own personnel or outside personnel whom Silicon Power shall have authorized in writing.
SILICON POWER’ WARRANTIES MAY BE ASSERTED ONLY BY CUSTOMER AND NOT BY CUSTOMER'S OWN CUSTOMERS OR ANY OTHER PARTY WITH WHOM SILICON POWER IS NOT IN PRIVITY OF CONTRACT.
7. LIMITATION OF LIABILITY. NOTWITHSTANDING ANYTHING IN THESE TERMS AND CONDITIONS SUGGESTIVE TO THE CONTRARY,
THE LIABILITY OF SILICON POWER UNDER ANY LEGAL OR EQUITABLE THEORY OF INDEMNNITY OR DAMAGES RELATING TO ANY BREACH OF WARRANTY,
ANY DEFECTIVE PRODUCT, OR USE OF ANY DEFECTIVE PRODUCT, SHALL BE LIMITED TO THE ACTUAL PRICE PAID BY CUSTOMER FOR SUCH PRODUCT.
IN NO EVENT SHALL SILICON POWER BE LIABLE FOR ANY INCIDENTAL, INDIRECT, CONSEQUENTIAL OR LIKE DAMAGES INCLUDING SPECIFICALLY,
BUT WITHOUT LIMITATION, LOST PROFITS, SAVINGS OR REVENUES OF ANY KIND, WHETHER OR NOT SILICON POWER HAS BEEN ADVISED
OF THE POSSIBILITY OF ANY SUCH DAMAGES OR THE LIKE, INCLUDING ANY CASE IN WHICH A PRODUCT OF SILICON POWER PURCHASED HEREUNDER CREATES
OR CONTRIBUTES TO A VEHICLE OR OTHER PRODUCT REPAIR CAMPAIGN OR RECALL DUE TO A VEHICLE
OR OTHER PRODUCT DEFECT OR NON-COMPLIANCE WITH THE APPLICABLE LAWS.
A written copy from Silicon Power of the Return Merchandise Authorization (RMA) is required prior returning merchandise.
All returns must have the RMA number provided by Silicon Power clearly and boldly marked on the outside of the shipping container(s) or the shipment may be rejected.
(a) Force Majeure. Silicon Power shall not be liable for any delays in performance beyond the reasonable control of Silicon Power, including fire, flood, epidemic, unusually severe weather, strike, act of God, terror or public enemy, public disorder, act of customer, restriction of civil or military authority in their sovereign or contractual capacities, transportation failure, or inability to obtain labor materials, or manufacturing facilities. In the event of any such delay, delivery shall be appropriately adjusted.
(b) Product Maintenance. Silicon Power shall have no obligation to repair or maintain any product sold hereunder following the warranty period for such product, and then only in accordance with the terms of such warranty.
(c) No Waiver of Terms and Conditions. The failure of Silicon Power to insist upon customer’s strict performance of any of these Terms and Conditions or a delay by Silicon Power in exercising any of its remedies hereunder shall not constitute a waiver of these Terms and Conditions or a waiver of any default or any remedy.
(d) No Implied License. The sale or other furnishing of any product, part, or information (hereafter altogether referred to in this paragraph as "product or service") by Silicon Power, or any of its affiliates, is not be construed as any express or implied license, or other grant of rights to use, by implication, course of dealing, estoppel, or otherwise, any patent, know-how, technical data, or other trade secrets or proprietary rights of Silicon Power, or any of its affiliates, connected in any way to the product or service for any purpose other than that purpose which, as of the date hereof, customer has clearly caused Silicon Power to understand as the purpose of Buyer in the execution, delivery and performance of these Terms and Conditions.
(e) "Product" Defined. The word "product" as used in these Terms and Conditions shall refer to all goods sold pursuant hereto.
(f) No Commitment to Continue Manufacture. Silicon Power makes no promise, express or implied, to continue manufacture and sale for any period any product sold pursuant to these Terms and Conditions. Except in case of a pending customer order or agreement, Silicon Power expressly reserves the right, in its sole discretion, to cease manufacture and sale of any product at any time, with or without notice to any customer.
(g) Governing law and dispute resolution. These Terms and Conditions shall be governed by the laws of customer with Silicon Power / Silicon Power branch/ Silicon Power affiliate's located countries. The UN Convention on Contracts for the International Sale of Goods shall not apply to the Agreement. All disputes arising out of or in connection with These Terms and Conditions to be settled through consultation and negotiation in good faith and a spirit of mutual parties.
(h) Entire Agreement; Amendment. These Terms and Conditions, coupled with the terms and conditions reflected in (i) Silicon Power' forms; (ii) acknowledgments, (iii) quotations; (iv) invoices; (v) websites; (vi) catalogs; and (vii) extension of credit, are incorporated herein by reference, and constitute the entire and exclusive agreement between customer and Silicon Power, and supersede all other agreements between the parties in connection with the sale of product provided herein.
(i)Assignment. Customer shall not assign any order, or any interest therein, without the prior written consent of Silicon Power. Any actual or attempted assignment without Silicon Power' prior written consent shall entitle Silicon Power to cancel such order upon notice to customer.
(j) No Third Party Benefit. The provisions stated herein are for the sole benefit of the parties hereto, and confer no rights, benefits or claims upon any person or entity not a party hereto.