SAFEBOX (KITEWORKS) TERMS OF USE
Welcome to SafeBox platform (“SafeBox” or “the Platform”), a secured online Platform made available to you to securely exchange files between Deloitte Audit, Deloitte Tax & Consulting and/or Deloitte General Services on the one part (“Deloitte Luxembourg”, “we”, “us” or “our”) and their clients on the other part as contractually agreed between them.
As authorized user of the Platform, you are allowed to access and use the Platform in accordance with these Terms of Use and your personal data will be processed in accordance with the Platform privacy notice made available to you hereto.
To be eligible to access and use the Platform, you must (i) have received full power and authority to use the Platform, (ii) accept these Terms of Use or any change thereto when appropriate and use the Platform for the permitted use and (iii) not be prohibited from complying with these Terms of Use and/or using the Platform.
Deloitte Luxembourg reserves the right, at its sole discretion, to update portions of these Terms of Use at any time. Any such update shall apply only after such modifications have been communicated to you via a message displayed on the Platform the first time you connect after such modifications are approved by you. If you does not agree to the content of the Terms of Use as modified, please do not use the Platform.
Notwithstanding anything to the contrary contained herein, you shall only access and use the Platform for professional purposes and always in strict conformity with the provisions of these Terms of Use and applicable laws.
The Platform is provided on an as-is basis and in so far as your equipment (including without limitation the hardware, software and operating systems) is and remains suitable for the access and use of the Platform. The relevant Deloitte Entity is not responsible for any adaptation to the user’s equipment, including the hardware, software and operating systems needed to allow the user to be able to use the Platform, and shall not bear the costs of any required change or migration.
You acknowledge and accept that Deloitte Luxembourg has no control on the underlying technologies of the service provided by third parties (such as a web hosting service).
The relevant Deloitte Entity does not guarantee that the Platform will be available without any interruption or malfunction.
Deloitte Luxembourg reserves at any time the right to develop, modify or suspend any aspect of the Platform including, but not limited to, the content available through the Platform or the user’s access to it.
You further acknowledge that an internet connexion is necessary to access and use the Platform.
To the extent permitted by law, we do not guarantee the availability, quality, operation or support for data traffic on the networks or lines of Internet service providers or the operation of the web hosting service.
The Platform is a data sharing platform, but not an archive or storage system: you may only upload or download and print any document shared via this Platform.
You hereby acknowledges and agrees that:
To the extent legally permitted, none of the Deloitte Entities nor Deloitte General Services, their respective directors, managers, employees, subcontractors and agents shall incur any liability whatsoever in connection with the access to and the use of the Platform under these Terms of Use, including any liability for direct or indirect damages, loss of profits, loss of revenue, loss of goodwill, loss of any software or data, loss of opportunity, loss of use of computer equipment or for any consequential or special loss, save as provided for in the agreement in place between the Deloitte Entities and the client which designated you as authorized user.
In particular, none of the Deloitte Entities nor Deloitte General Services takes responsibility for damages and non-performance caused by unforeseeable, insurmountable, or unavoidable events including without limitation: case of force majeure, strike or labour dispute, war or other violence, fire or other casualty, or any law, order or requirement of any governmental agency or authority.
Although Deloitte Luxembourg takes measures to be up to standards in terms of security to avoid viruses, or other circumstances that could lead to damaging systems, the use of the Platform is made at each user own risk. Accordingly, none of the Deloitte Entities will be liable for any loss or damage caused by viruses or any other technologically harmful material that may infect the user’s computer equipment, computer programs, data or other proprietary materials due to its use of the Platform or to its downloading of any material posted on the Platform, or on any website linked to them, to the extent legally permitted.
None of the Deloitte Entities excludes or limits its liability resulting from gross negligence or willful misconduct; or for death or personal injury resulting from its negligence, fraud or any other liability which may not be excluded or limited under applicable law.
No professional relationship of any nature is created by the sole use of the Platform between any authorized user and/or the company allowing his/her use of the Platform (generally his/her employer) on one hand and Deloitte Luxembourg on the other hand.
The Platform (all its elements including the layout as well as any registered or unregistered trademarks here disclosed) is protected by applicable intellectual property laws. All rights of reproduction in whatever form and by whatever means, are reserved and these Terms of Use do not grant the user any right to use any trademarks.
If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of the Terms of Use shall continue in full effect.
A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved.
The failure of the relevant Deloitte Entity to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect.
These Terms of Use shall be governed by and construed in accordance with the laws of Grand Duchy of Luxembourg and shall be subject to the exclusive jurisdiction of the Courts of Luxembourg-City.
Any claim related to the Platform must be brought within one (1) year after the cause of action has accrued under applicable law.
If you have any questions regarding the Platform and its use, please direct your questions to the Deloitte contact person(s) in charge of managing the relationship between Deloitte. Entities and the Deloitte client which designated you as authorized users.
Privacy Notice - SafeBox
SafeBox online platform (“SafeBox”) is an online Platform made available to you to securely exchange files between Deloitte Audit and Deloitte Tax & Consulting on the one part (“Deloitte Luxembourg”, “we”, “us” or “our”) and their clients on the other part as contractually agreed between them.
This privacy notice (the “Privacy Notice”) explains what information related to you (“Personal Data”) Deloitte Luxembourg may gather, how we use that Personal Data and who we give that Personal Data to when you (“User” or “you”) sign up to and/or use the Platform. It also describes your rights in relation to your Personal Data and whom you can contact for more information or queries.
By using our Platform and/or submitting your Personal Data to it, as User you acknowledge having read and understood the terms of this Privacy Notice. If you do not wish to share your Personal Data with Deloitte Luxembourg, please do not sign up for, log in and/or continue using the Platform.
If, as User of the Platform, you provide Personal Data of other persons, you must ensure that these persons have been adequately informed regarding the sharing of their Personal Data with Deloitte Luxembourg and that this Privacy Policy has been brought to their attention.
If you wish to obtain more information about how Deloitte Luxembourg process your Personal Data and about how you can, at all times, exercise your rights, please refer to our General Privacy Statement which supplements this Privacy Statement.
1. Who is responsible for the processing of your personal data?
Depending on the entity with which your company has a contractual relationship with, Deloitte Tax & Consulting or Deloitte Audit, will determine how and why your Personal Data are processed.
For the purposes 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 (“GDPR”), this entity, is the “Data Controller”.
2. What Personal Data do we collect and use and for what purposes?
We collect and use the following Personal Data in the context of your use of the Platform:
We may also collect and store on the Platform, even if we do not need to use them, any Personal Data embedded in any document you are sharing with your Deloitte Luxembourg contacts via the Platform . The Platform owner has no right to access to such document and data.
Please note that the Platform is not designed here for the use by, or intentionally targeted at, children. It is not our policy to intentionally collect or store information about children and the User should not provide minors’ Personal Data on the Platform.
3. On which legal grounds may we use your personal data?
Deloitte Luxembourg will use your Personal Data for the following purposes:
We process the above information given our legitimate interest in offering such a file sharing solution and ensuring its security.
4. Where are your data hosted?
The Platform is hosted in Deloitte Luxembourg infrastructure, located within Luxembourg.
5. For how long may we retain your data?
Files shared through the Platform will be deleted 7 days after being uploaded, save when the performance of agreed services require to extend such delay for a period to be agreed separately between Deloitte Luxembourg and our clients.
Authentication and technical data will be retained for a maximum period of 90 days upon collection, period which may be expended for up to one year to investigation security incidents or other events affecting the operation of the Platform .
We may retain personal data for a longer period if necessary to comply with our legal or professional obligations, enforce our agreements, or resolve disputes.
6. To whom may we disclose your personal data?
No third party will have access to data collected during your use of the Platform. However, we may need to disclose your personal data if required by law, a regulator or during legal proceedings.
7. Your rights in respect of your Personal Data
You have various rights in relation to your Personal Data processed in the context of the use of the Platform which are further detailed in the Deloitte Luxembourg General Privacy Statement.
To exercise any of your rights, or for questions about our use of your Personal Data or this Privacy Policy, please contact our Data Protection Officer (DPO) at DataPrivacy@deloitte.lu.
Furthermore, if you are unhappy with the way we have handled your Personal Data or any query or request that you have raised with us, please be reminded that you have the right to complain to the Data Protection Authority (“DPA”) in your jurisdiction (if in the European Union). For Luxembourg you may contact the National Commission for Data Protection (CNPD).
8. Information security
Access to the Platform, requires authentication through single sign-on (SSO) and/or multi-factor authentication (MFA).
9. Changes to our Privacy Policy
We may modify or amend this Privacy Policy from time to time at our discretion. When we make changes to this Policy, we will amend the revision date at the top of this page and the amended version will be presented to you during your next visit to the Platform.