Smart Refund – Trenitalia – Terms of use and Privacy policy

TERMS OF USE

Last change: 13/06/2024

1. PREMISES AND INFORMATION ABOUT THE COMPANY

These Terms of Service (TOS) govern the use of the Smart Refund solution provided by Trakti (“Trakti”) on an experimental basis, for Trenitalia’s customer service business, including refund and compensation procedures. By accessing or using Smart Refund, you agree to be bound by these Terms.
Please read these TOS carefully. Access to the Trakti Smart Refund Website and use of its Services are subject to your acceptance of these TOS and compliance with them. 
The website at https://trenitalia-smartrefund.trakti.com and the services provided on these pages are offered by:

TRAKTI LTD, a company registered in England (company registration number 10460041), with its registered office at 124 City Road, London, EC1V 2NX, England, United Kingdom. Trakti is a registered trademark (trademark registration number 011915808). Trakti is registered as a Data Controller with the UK Information Commissioner’s Office under number ZA385141.

2. PURPOSE AND DESCRIPTION OF THE SMART REFUND SERVICE

Smart Refund is TRAKTI’s solution for the automation of claims for compensation or reimbursement by means of Trakti’s smart legal contract platform, provided on an experimental basis to Trenitalia for the automation of the corporate back office of Trenitalia’s customer support and to speed up the reimbursement and indemnity procedures requested by Trenitalia customers in full transparency thanks to the use of blockchain. 

Smart Refund, based on the Trakti platform, is a smart legal contract and blockchain system capable of automating the execution of the sales contract between Trenitalia and the Customer and immediately resolving the requests for compensation/refunds made by the Customer for high-speed trains on Italian territory, based on Trenitalia’s national transport rules and European Regulation no. 782/21

At the following links you can find the rules of Trenitalia and the relevant legislation:

https://www.trenitalia.com/en/info_contacts/compensation_for_delays_and_refund.html

https://www.trenitalia.com/it/informazioni/condizioni_generaliditrasporto.app.html

The services offered by Trakti are:

For the Applicant:

  • Account creation, creation and monitoring of refund/compensation requests: it is possible to initiate a refund/compensation request by filling in the mandatory fields, search and select the travel document, obtain the information on the request, monitor the status of the request in real time, view the result of the request (not eligible/accepted/processing due to lack of bank details/pending due to lack of data),  verify the resolution time, the assigned value certified in Blockchain, send replies to requests for more information sent by operators by replying to messages and attaching files to the response.
  • Certification of the procedure and response times: the registration and time stamping of the request and resolution times.

For Operators:

  • Creation of new requests: create new requests associated with registered and unregistered users, activate the automated resolution of the case, verify the audit trail of the case and the checks carried out on it, intervene and operate manually to finalize the case. Create massive resolutions and check their status;
  • View the files and interact with the applicant: view the status of the assigned files, the history of the checks carried out by the platform for each individual file, ask for information and attachments from the customer, reassign the file to another operator;
  • Import/export requests: import/export requests from/to third-party systems, view import status;
  • Creation of measures:create measures for specific events (e.g. strike, delay, cancellation of trains), request permission to publish, activate or modify measures.
  • Data quality management: visualisation of the status of files blocked due to lack of data, activation of certified data enrichment procedures and re-initiation of massive practices;
  • View history and checks performed: monitor and track requests, checks made, rules and procedures applied, and approvals and authorisations received.
  • Certification of procedure and response times: notarisation (i.e. the recording and timestamping of the request and resolution times) and control of the correct automation of the investigation phase in blockchain.
3. DEFINITIONS

The following terms shall be construed according to the following definitions:

Trakti Ltd:
A web platform that allows members to create their own online profile and to create and manage automatic reimbursement and compensation procedures through the tools provided by the website. The term Trakti, in this Agreement, also refers to the Company that owns the software platform (and all rights to the website) and its subsidiaries, parents, subsidiaries, affiliates, directors, employees, contractors, and any successors or assigns.

Trenitalia S.p.A.:
entity that manages the Smart Refund service offered by Trakti on an experimental basis for the automation of compensation and reimbursement practices.

Website:
https://trenitalia-smartrefund.trakti.com

Applicants:
subjects who can initiate claims for reimbursement or compensation.

Beneficiaries of the payment:
subjects who are entitled to reimbursement or compensation and to whom Trenitalia’s payment systems will allocate the amount due on the basis of the percentages established in Trenitalia’s Conditions of Carriage.

Operator:
registered subject who opens one or more requests. Once the request has been entered into the platform, the Operator must also enter any specifications and/or rules of the individual request.

Agreement:
these Terms of Service (TOS) and the Privacy Policy, which you agree to read and know in full, as well as to comply with. Trakti reserves the right to modify and supplement the Terms of Service and Privacy Policy at any time by posting the changes and updates on the Website.

User(s):
the applicant and user of Smart Refund.

Registration:
It is obtained by completing the registration process. By registering, the applicant becomes a Trakti User and can use the Services reserved for Users following the acceptance of the terms and conditions and the privacy policy. Users undertake to guarantee, indemnify and hold Trakti harmless from any liability and/or claim by third parties interested in, or beneficiaries, or connected, even indirectly, to the use of the Services provided.

Registration cancellation procedure:
the procedure through which a Member or User obtains the cancellation of his/her subscription to Trakti’s Smart Refund. Cancellation will result in the loss of Membership and therefore the ability to access the Services reserved for Members. Cancellation also entails the closure of the profile of the User who has obtained the cancellation of the Membership, but not the removal of information relating to previously concluded transactions. The cancellation procedure can only be initiated if the user does not have any operation/practice in progress (you can check this on the Home page).

Services:
all the activities and services offered to Users through the Site, as described in Article 2. The Services offered through the Site may change over time, either with the introduction of new Services, currently unavailable, or with the removal and/or modification, even substantial, of existing Services, subject to prior notice.

Contents:
the content published on the Website, including, but not limited to, texts, links, news, images, photos, videos, data and information and, in general, anything that Members may post on the Website (including comments and feedback). The publication of Content on the Website is the result of a free voluntary decision of the Member, who creates and/or shares the Content, through the Website under his/her sole responsibility.

4. AGREEMENT BETWEEN TRAKTI AND USERS, AMENDMENTS AND ADDITIONS

The use of any present or future Service offered by Trakti will be under the sole responsibility of the Users who access the website; they agree to abide by this Agreement and any future amendments and/or additions.

Access to or use of Smart Refund, as well as registration with Trakti, requires acceptance and compliance with this Agreement in all its parts; the User undertakes to read its content in its entirety and to comply with it. Your access to and use of the Services is conditioned upon your acceptance of and compliance with the Terms of Service, including any future amendments and additions.

The User acknowledges that Trakti may amend and supplement this Agreement at any time and undertakes to review the published Agreement, including any changes and updates, each time he accesses the Website and to observe it, implicitly accepting, through the use of the Website, all changes and updates that may have been made to the Agreement.

If you do not agree to the terms and conditions of this Agreement or any future changes or updates thereto, you must immediately stop using the service, provided that you have no ongoing operations.

5. PRIVACY

Trakti treats the privacy of its users with utmost importance and respect. For this reason, we have prepared a special Privacy policy that you accept at the time of registration; therefore, we advise all Users to read the privacy policy in order to make informed decisions regarding the information to be shared with Trakti and other Users.

6. USER WARRANTIES AND REPRESENTATIONS

The User guarantees and declares the following, committing himself to provide only genuine information, under his sole responsibility:

  1. You are at least 18 years of age
  2. to act in full compliance with any applicable law or regulation, including future ones;
  3. not to use the Content for illegal or discriminatory purposes;
  4. have no charge for sexual and/or computer and/or other crimes related to or in connection with the use of our Services;
  5. not to use the Content for commercial purposes that have not been previously authorized in writing by Trakti;
  6. not be a competitor of Trakti and not act on behalf of any actual or potential competitor of Trakti;
  7. not to jeopardize the safety of Trakti and its Users in any way.

By completing the Registration Procedure, Members warrant and declare, in addition to the above, always under their sole responsibility:

  1. comply with the Registration Procedure;
  2. provide only authentic, complete and factual information;
  3. provide all required data and information;
  4. keep your data up to date;
  5. not to publish on the Site any Content whose disclosure is prohibited or constitutes a criminal offence under applicable laws, including future ones;
  6. always act in full compliance with current legislation;
  7. not to disclose Content whose disclosure would result in a violation of applicable laws or damage to the rights of third parties;
  8. not to infringe in any way the industrial and/or intellectual property rights of third parties;
  9. not to violate, even partially, rights or agreements of secrecy or confidentiality or, in general, any confidentiality obligation.

Users also declare that they have entered authentic and correct data and that they are the legal representative or person designated by the Entity or the Company pursuant to the registration of the Company Profile. The insertion of false information, the use of the Service for illegal activities and/or in contrast with the Conditions accepted at the time of registration at Trakti will be prosecuted according to the law. It is also expressly and strictly forbidden to publish on the pages of Trakti any offensive content, which may promote or celebrate in any way or form racism, bigotry, hatred or physical violence of any kind against persons or groups of people, any type of discrimination, any type of harassing content or that may promote in any way or form the harassment of other people,  content aimed at sexual or violent exploitation of persons, images or themes involving nudity, excessive violence or offensive language, as well as adult-only links, or links to illegal or inappropriate content, content that requires or is thought to require personal information contrary to applicable laws, content that publicly reveals information that may endanger the privacy or safety of others,  content that constitutes or promotes information that you know to be false or misleading, or that promotes illegal activities or conduct that is offensive, threatening, obscene, defamatory or libelous; content that constitutes or promotes illegal or unauthorised copies of other people’s copyrighted works, such as pirated software or links to such files, information on how to circumvent copyright protection devices installed by the manufacturer, pirated audio files or links to such files, content that involves sending spam, chain letters, or unsolicited group messages,  instant messages, SPIM or spam, content containing restricted or password-protected pages, or hidden pages or images (not linked to or from other accessible pages); content that may facilitate or promote criminal activity or behavior or that provides information related to illegal activities including, but not limited to, the illegal manufacture or purchase of weapons, the violation of people’s privacy, or the creation or supply of computer viruses; content that requires or is expected to require passwords or personal data from other Users for commercial or unlawful purposes, images or videos of another person published without the consent of the data subject, content that promotes propaganda and/or symbols of organisations made illegal by English law or the laws in force in the User’s country of residence.

7. POSTING OF CONTENT BY USERS

The publication of Content on the Website (texts, images, links, feedback, comments and events) is subject to a voluntary decision of the User, who will be solely and exclusively responsible for any consequences that may arise from the publication of the Content(s) on the Website and undertakes to fully guarantee, indemnify and hold Trakti harmless from any consequences and/or claims that may relate to and/or be related to the Contents and/or their publication on the Website web.

The publication of content on the Site cannot in any way entail legal, juridical or any other liability on the part of Trakti which, as mentioned, cannot be held responsible for the Content published and its publication.

Trakti reserves the right (without assuming any obligation in this regard) to monitor and review all or part of the Content published on the Site and to remove, delete, delete, in whole or in part, at any time, any Content published on the Site that may be deemed inappropriate, in its own and unquestionable judgment, as well as to delete and/or delete personal profiles,  or to prevent access to the Site at its discretion; the user who has published such Content(s) and/or is the recipient of the aforementioned decisions and/or measures, will have no right to raise any type of objection or complaint in this regard.

8. RELATIONS BETWEEN TRAKTI AND THE USERS

The parties involved in the negotiation are Trenitalia S.p.A., the Operator, the Applicant and Trakti. Trakti’s role is to offer a service for the provision of a software platform and a blockchain layer to verify in real time the validity of a refund/compensation request, the status of the request, the automatic calculation of any amount due based on the rules predefined by Trenitalia and the accounting of the same on the Applicant’s personal wallet.

The User undertakes not to carry out operations contrary to the Terms of Service, under penalty of nullity of the same.

9. CONTRACTUAL RELATIONSHIPS

Each User acknowledges that the contracting parties hereto are independent entities. Therefore, none of the provisions of this User Agreement is eligible to create a partnership, joint venture, agency or any other type of relationship between Trakti and users.

All requests processed on Trakti give rise to contractual obligations that exist only between Trenitalia S.p.A., the Applicants and the Beneficiaries of the payment. Trakti shall not be liable for any disputes arising from the above relationships.

10. PAYMENT FOR THE SERVICE

The Smart Refund service for Applicants is offered free of charge.

11. PAYMENTS BETWEEN TRENITALIA AND APPLICANTS

Any sums awarded to the Applicant on the basis of the rules established by Trenitalia’s Conditions of Carriage are disbursed directly by Trenitalia’s payment systems. Trakti does not pay any money, in any form or manner. The wallets mentioned in these Terms of Service are for accounting purposes only and not for currency; As a result, the tokens created are neither transferable nor spendable. The wallet does not allow the deposit or transfer of these tokens.

12. WAIVER

Trakti assumes no responsibility for any errors, omissions, interruptions, deletions, failures, delays in the operation or provision of the Service, anomalies on the line, theft, destruction, unauthorized access or alteration of the communications of Users or Subscribers, identity theft and any other unlawful conduct perpetrated by Users or third parties whether online or in any other situation. Trakti, in particular, is not responsible for technical problems or failures of telephone networks or lines, online systems, servers or providers, devices and equipment, software, malfunctions of email customers or media players caused by technical issues or problems with congestion of Internet traffic or Trakti services. Trakti cannot guarantee, and refrains from guaranteeing, specific results resulting from the use of the Trakti Services, as well as the regularity and continuity of the Services. Trakti shall not, in any case, be liable to Users and/or third parties for any type of direct or indirect damage of any kind, including exemplary or punitive, including, by way of example but not limited to, damages for loss of earnings and/or any other claim, relating or connected, or even just occasioned by the use of our Services for any purpose.

13. SECURITY

When registering, the User will have to choose a password. The responsibility for keeping the password secret lies entirely with the Member, who undertakes to keep it in a safe and secret place and not to disclose it to third parties. Members agree never to use the account, username, email address or password of any other Member and not to disclose their password to any third party. Members also undertake to inform Trakti immediately in the event that they suspect unauthorized access to their account and/or password. The Subscriber is entirely responsible for the use of his/her account. The User who wishes to register acknowledges that Trakti reserves the right to undertake, at any time, authentication and/or verification procedures for the data and information provided by any User at the time of registration, in compliance with the applicable legislation, also in terms of privacy, giving hereby its consent to the authentication and verification procedures that may be implemented,  it being understood that the execution of these procedures represents an option for Trakti and not a commitment, a guarantee or an obligation, in this sense, on the part of Trakti. Trakti has the right to revoke the User’s registration at any time, without prior notice and without having to provide any information in this regard.

The User whose registration can be revoked will not be able to claim any rights against Trakti, for any reason. In addition, Trakti reserves the right (without assuming any obligation or liability in this regard), at its own discretion, to refuse, reject the publication or remove individual practices, proposals or offers published by the User or to refuse, restrict, suspend or terminate access to all or part of the Trakti Services or the Website, at any time, for any reason or no reason,  with or without notice or explanation, without any claim or demand being made against you. Trakti also reserves the right, at its sole discretion, to reassign or rename the URL of the User’s profile. Trakti expressly reserves the right to remove the User’s profile and/or to restrict, suspend or terminate the User’s access to all or part of the Trakti Services in the event that it verges, in its sole discretion, that such User has violated the applicable law and/or this Agreement and/or any rights of third parties or that such User constitutes a threat to Trakti,  its employees, business partners, Users and/or the general public.

14. APPLICABLE LAW AND COMPETENT COURT

This Agreement, the dealings, the Services and generally everything governed by this Agreement, shall be subject to the exclusive application of English law.

* * *

By registering for our service, the User declares that he/she has carefully read, acknowledged and approved all the provisions of the Terms of Service, and declares that he/she accepts in particular the following articles:

  • Art. 4 (Agreement between Trakti and users, amendments and additions);
  • Art. 6 (Warranties and Representations of the User);
  • Art. 7 (Publication of content by members);
  • Art. 8 (Relations between Trakti and members);
  • Art. 9 (Contractual Relations);
  • Art. 10 (Payment of the service);
  • Article 11 (Payments between Trenitalia and Applicants);
  • Art. 12 (Waiver);
  • Art. 13 (Security);
  • Art. 14 (Applicable Law).

SMART REFUND PRIVACY POLICY


Last change: 13/06/2024

Our Privacy Policy for Smart Refund

This page describes how we collect and manage the personal data of Trenitalia users who access our website or the Trenitalia CRMWEBFORM. This privacy policy is due in compliance with: the Data Protection Agreement signed between Trakti ltd and Trenitalia S.p.A., the New Data Protection Act 2018 (DPA2018) and the General Data Protection Regulation (GDPR 2016/679, as amended or replaced from time to time, and any applicable law implementing it) to individuals who interact with Trakti Services via the Internet by connecting to the website: https://trenitalia-Smart Refund.trakti.com. This privacy policy only applies to Trakti’s website and not to other websites that the User can access via hyperlinks. It is agreed that, in any case, Trakti is not responsible for such websites. The following guidelines are also inspired by those provided by the Article 29 Working Party – now the European Data Protection Board (EDPB) regarding the collection of personal data on the web, with the aim of identifying the minimum measures to be implemented towards data subjects to ensure the integrity and relevance of such practices.

Data Processor

The Data Controller is TRAKTI LTD, located at 124 City Road, London, EC1V 2NX, England, United Kingdom. As part of the service provided by Trakti Ltd, relating to the service of providing a software platform and a blockchain layer for the testing of a new end-to-end instant refund system in real time, Trakti Ltd, Data Processor, processes personal data on behalf of Trenitalia S.p.A, Data Controller, in accordance with the agreement signed between the parties and in compliance with the provisions of the GDPR, the provisions of which in any case prevail.
Trenitalia S.p.A., the Data Controller, determines the means, limits and purposes and duration of data processing that the Data Processor must carry out on its behalf in the performance of the Activities.
Trakti Ltd, the Data Processor, guarantees the requirements, specialist knowledge, reliability and resources, to implement appropriate technical and organisational measures that meet the requirements of the GDPR, including the security of processing to ensure the confidentiality and protection of the rights of data subjects.

Personal data processed on behalf of the Data Controller

Personal data provided by users The personal data provided by users at the time of registration on the site and the documentation uploaded on the platform used to support requests will be used to allow the use of the service. In addition, this information may be used to improve the use and functionality of the platform.

  • Contact Details:
    Name, surname, e-mail address, address, telephone contact, CartaFreccia number;
  • Financial information:
    Credit/debit card details, bank details.

The computer systems and software procedures used to operate this website may acquire, in the course of their activity, some personal data whose transmission is implicit in the use of Internet communication protocols. Such data is not collected to be matched to data subjects, although they may be able to identify users, through processing and association with personal data belonging to third parties. This category of data includes IP addresses, the domain names of the computers used by users who connect to the Site, the URI (Uniform Resource Identifier) addresses of the requested resources, the time of the request, the method used to submit the request to the server, the size of the file obtained in response, the numerical code indicating the status of the response given by the server (successful, error, etc.) and other parameters related to the user’s operating system and IT environment. These data are used for the sole purpose of obtaining anonymous statistical information on the use of the site and to improve the services and check their correct functioning and are deleted immediately after processing. Personal data may be processed to ascertain responsibility in the event of computer crimes against the site.

  • Data that identifies you:
    IP address, browser type and version, operating system and version, language setting, email, name, address, blockchain wallet address, geolocation information about where you may be;
  • Data on how you use Trakti:
    Activity stream (functional activities you perform on the website), application logs.

 

Sensitive data
We do not collect any “sensitive data” about you (such as ethnic origin, political opinions, religious/philosophical beliefs, genetic data, data about health, sexual life or orientation, crimes or alleged crimes), except where we have your specific consent, or when we need to comply with the law.

Use of Personal Data

Information relating to claims/indemnification (closed and in progress), will be used primarily to enable the use of the service.

  • Data from your requests/measures:
    Request type, variable fields, passenger information, request activity, contact information, counterparty messages and other related data types;
  • Financial information:
    Blockchain wallet ID, credit/debit card details, bank details.

How and why we handle your data

TRAKTI manages your data on the basis, within the limits and in the manner established by Trenitalia S.p.A., the Data Controller.
Data protection law states that we can only use your data for certain reasons and when we have a legal basis to do so. Security measures are applied to prevent data loss, illegal or incorrect use and unauthorized use in accordance with legal obligations that provide for minimum security measures. Here are the reasons why we process your data:

Management and improvement of the Trakti system
Managing your requests (such as connecting your Trakti account to other services), login and authentication, storing your settings, hosting and back-end infrastructure. Functionality testing, interaction with feedback platforms and questionnaires, landing page management, heat mapping of our site, traffic optimization, and data analysis and research, including profiling and the use of machine learning and other techniques on your data and, in some cases, the use of third parties for this purpose.

Customer support
Notifying you of any changes to our service, troubleshooting via chat, phone, or email, including fixing any bugs.

Rights of the data subjects
Trakti, the Data Processor, at the option of the Data Controller, will return or delete all personal data after the provision of the services related to the Processing has ended and, unless Union or Member State law provides for the retention of the data.

Right of access: the Data Controller shall guarantee the data subject’s right to access (pursuant to Article 15 of the GDPR) by cooperating with the Data Controller to confirm to the Data Subject whether or not personal data concerning him or her is being processed, together with further information that may be at the exclusive disposal of the Data Controller.

Right to Erasure: the Data Processor, subject to precise and explicit confirmation from the Data Controller, in the event that the conditions regarding the existence of the right claimed by the data subject are met (pursuant to Article 17 of the GDPR), must delete, in whole or in part, according to the indications of the Data Controller, the personal data to which the data subject’s request refers and provide a declaration of cancellation/destruction of the personal data subject to the request.

Right to Portability: the Data Processor shall guarantee the Data Subject’s right to data portability (pursuant to Article 20 of the GDPR) by allowing the Data Controller to transmit Personal Data concerning the Data Subject, directly to the Data Subject or to another Data Controller indicated by the Data Subject, through a secure channel and using a structured, commonly used and machine-readable format.

Right to Rectification: the Data Processor shall guarantee the Data Controller the rectification and/or integration of Personal Data, without undue delay (pursuant to Article 16 of the GDPR) of the requesting data subjects.

Right to Restriction: the Data Controller shall guarantee the Data Controller the possibility of restricting the processing of the personal data of the requesting data subject, in the event that the conditions regarding the existence of the right claimed by the Data Subject (pursuant to Article 18 of the GDPR) are met, e.g. by means of technical devices that clearly indicate that the processing of personal data has been restricted, so that the personal data are not subjected to further processing and cannot be processed Modified.

Right to Object: the Data Processor must guarantee to the Data Controller that, in the event of opposition to the processing by the data subject and in the event that the conditions provided for by the GDPR (art. 21) are met, he/she refrains from carrying out any further processing of personal data.

Transfer of data to third countries
The Controller is permitted to transfer personal data originating from the Data Controller outside the European Economic Area (EEA) only with the prior written consent of the Data Controller and on the basis of the instructions provided by the Data Controller, in order to ensure that the level of protection of data subjects provided for by the applicable legislation on the protection of personal data is not compromised.

However, the transfer of personal data to third countries or international organisations may take place, subject to notification to the Data Controller, also for the purposes of reporting obligations towards data subjects, in the event that the European Commission has decided that the third country of destination ensures an adequate level of protection.

In addition, in the absence of the aforementioned adequacy decision of the Commission, the Processor may transfer personal data to third countries if one of the safeguards referred to in Articles 46 and 47 of the GDPR is met (i.e. the use of standard contractual clauses approved by the Commission or a Supervisory Authority, binding corporate rules approved by a Supervisory Authority or others).

Third parties who process your data
Trakti, like all other tech companies, uses third parties to host their applications, host data, handle customer service, send emails, etc. We partner with the best suppliers in the industry, recognized leaders in the industry.

In this case, it is sometimes necessary to share your data with them in order for the services to function properly. Your data is only shared when strictly necessary and according to the guidelines described in this Privacy Policy. Below are details of our main third-party service providers and the data they collect or share with them, where they store/process the data and why they need it:

EU

Service Provider Data collected
or shared
Purpose Place of processing
Amazon Web Services, Inc.
Privacy policy
– Data of entire
Trakti system
This is a web hosting provider: we use it to store contracts and other data you generate by using the service securely in the cloud. EU
Trakti Xeltium
Blockchain
– ID that identifies you
– ID that identifies your refund request
– TicketId and refund amounts connected with request
This is the permissioned blockchain service we use to notarise requests and execute smart contracts. EU


UK

Service Provider Data collected
or shared
Purpose Place of processing
tawk.to inc.
Privacy policy
– Contact details
– How you use Trakti
– Cookies
We use this service for customer communications, user interaction and helpdesk assistance. US
Microsoft Corporation
Privacy policy
– Contact details
– Procedures
We use this service for backoffice management and customer communications. UK

Changes to this Privacy Policy

TRAKTI LTD may update this privacy policy to adapt it to current legislation and the documented instructions of the Data Controller. In the event of changes to this Privacy Policy by TRAKTI LTD, users will be adequately informed of the changes.

How We Protect Your Information

To protect your information, TRAKTI uses physical and managerial tools. These tools are applied based on the sensitivity of the information collected, used, and stored, and the current state of technology. Although we take steps to prevent unauthorized access to or use of your personal information, the Internet and our software are not 100% secure. For this reason, we cannot guarantee that the information we store will always be protected from unauthorized access or use, solely as described in this Policy.
At any time, you can ask for more information to our DPO -DATA PROTECTION OFFICER- at the email address: privacy@trakti.com

 

USE OF COOKIES

Last change: 13/06/2024

What are cookies?

Information Commissioner’s Office defines as cookie “a small file of letters and numbers that is downloaded on to your computer when you visit a website. Cookies are used by many websites and can do a number of things, eg remembering your preferences, recording what you have put in your shopping basket, and counting the number of people looking at a website”.

Cookies allow access to the provision of the service working as security filters and to allow web applications to submit information to single users. The portal, in order to improve the use of the service, uses session cookies.

You can block cookies by activating a setting on your browser allowing you to refuse the setting of cookies. You can also delete cookies through your browser settings. If you use your browser settings to disable, reject, or block cookies (including essential cookies), certain parts of our website will not function fully. In some cases, our website may not be accessible at all. Please note that where third parties use cookies we have no control over how those third parties use those cookies

Below we explain how Trakti and other third parties use these technologies.

Essential features

  • Authentication and security: to log you into Trakti
  • Preferences: to remember information about your browser and your preferences

Analytics and research

  • To help us improve and understand how people use our services. For example, cookies help us test different versions of our services to see which particular features or content users prefer.
Service Provider Data collected
or shared
Purpose
Google, Inc. _ga
_gid
Google Analytics uses cookies allows us to see information on the activities of visitors to our website and users of our service, including page views, source and time spent on Trakti. The information is depersonalized and is displayed as numbers, meaning it cannot be tracked back to individuals. This will help to protect your privacy.
To opt out of being tracked by Google Analytics across all websites click here.

 

Thirdy party

    • We give support through the live chat provided by tawk.to .
Service Provider Data collected
or shared
Purpose
tawk.to inc. _zlcmid Tawk.to uses cookies to recognise particular people who have interacted with tawk.to through Trakti previously.

How to control cookies

You can control and/or delete cookies as you wish – for details, see aboutcookies.org. You can delete all cookies that are already on your computer and you can set most browsers to prevent them from being placed. If you do this, however, you may have to manually adjust some preferences every time you visit a site and some services and functionalities may not work.



SUPPORT AND SLA POLICY

Last change: 13/06/2024

The Support and SLA Policy is part of and subject to the TRAKTI SOFTWARE RIGHTS USE agreement applicable to Software (the “Agreement”).  

GENERAL 

This Service Level Agreement (“SLA”) describes the service levels for the maintenance and support on the Software provided by Trakti in Cloud as Software as a Service. 

Trakti offers a standard SLA for all plans as described in the table at point 3) and 4). 

Furthermore, Trakti offers to its Corporate Clients, with separate agreements, the choice of additional paid packages for advanced SLA (Bronze, Silver and Gold).  

If the Service is granted for a limited period of time and ONLY for an experimental use, Trakti will use its best effort to support the Client and make the Software available to the Client. There is no guarantee of uptime, availability, or durability of systems. 

The duration of the SLA is linked to that of the subscription to the Trakti software. 

The Policy may be regularly modified by Trakti. Any changes will be communicated to the Client. If the Client does not agree with the modification, he must notify the resolution from the Policy within 15 days from Trakti’s communication. 

Diagnosis Times, Resolution Times and other service levels can only be delivered if the Client and related organisation Key-User or Administrator are sufficiently able to communicate and cooperate. If there are specific requirements for IT infrastructure (e.g. VPN access in case of on-premises installations), the services as mentioned in this SLA can only be provided if the Client provides (access to) such an infrastructure. Any delay caused by the client in this respect needs to be added or considered in the before mentioned times and services. 

If Trakti needs to enquiry additional information about a Support Request form the client, the time between Trakti’s follow up enquiries and the Client’s answer (support ticket status “Pending”) will not be considered in the calculation of the Diagnosis and Resolution Times. The administrative records of Trakti will determine whether the agreed service levels have been met. The provisions of this SLA are not applicable to the extent that they are beyond Trakti’s control, e.g. disruption or malfunction in connected external systems such as those from third party components. In addition, this SLA is not applicable to software add-ons that require installation on the computer of the end-users, such as Web Browser. The software is supported to be used in the most recent versions of the Chrome and Brave browser. The Service Levels do not apply for other browsers. 

1) Defined terms

The terms used in this SLA are defined as follows: 

Business Day means, for the purpose of this Policy, a daily 8-hour period, from Monday to Friday and excluding UK public holidays. 

Customer or Client means an entity executing an Agreement with Trakti. 

Diagnosis time means the time needed to assess the content of a Problem or an Incident and to establish problem-solving approaches. The Diagnosis Time is measured from the confirmation of a Support Request concerning a Problem or Incident until Trakti indicates that a start has been made to resolve the issue. 

Downtime means the period of time consisting of the number of unavailable minutes in a calendar month, caused by Trakti’s actions or omissions. A minute is unavailable if all continuous requests initiated by a user for Cloud Software to perform operations throughout the minute do not return a response or return a response indicating a failed operation. Downtime does not include the unavailability of the Cloud Software due to Support Exclusions in the Policy, or due to Scheduled Downtime or reasonable emergency update. 

Incident means an event at the Client causing a disruption for using the Software as intended. This includes events related to: The Client’s configuration of the Software A modified user interface resulting from maintenance. 

Problem means a reproducible defect in the Software or service provided by Trakti that blocks the software from performing in accordance with the Agreement. 

Corrective measures means the rectification of problems in the Software.

Maintenance Window means timeframe for execution of Preventive maintenance.

Resolution time means the time between the Diagnosis of a Support request and: 1)In the event of a Problem/Incident: the communication made by Trakti that an update is available; 2)In the case of other Support: the answering of the question and closing of the Support ticket (status: solved/closed).

2) First line Support, Customer Care, submission and processing of Support Requests 

Before submitting a Ticket, Customer will perform first line support for itself by investigating any connectivity, access permission, database provisioning or security issues related to its systems, networks or applications interacting with the Software. 

Support per organization is most efficiently when it is managed and funnelled through a single KeyUser. The Client’s Key-User is therefore designated as the single point of contact for the Trakti Support Center for receiving Support Requests. 

The Support Center can be contacted via support@trakti.com or submitting a ticket through http://support.trakti.com/ 

Once the Support Request has been received, confirmation of receipt will be sent by e-mail to the KeyUser. A diagnosis will be made by Trakti in which the applicable category (Problem, Incident or Question) and priority (Urgent, High, Normal or Low) will be determined. The following definitions for the priorities apply: 

PRIORITY  TYPE OF SUPPORT REQUEST  EXAMPLES 
URGENT  Problem or Incident because of which the Software cannot be used at all by the Client. There is a problem with the Software that prevents it from running.
HIGH Essential functionality of the Software is not available to the Client.  The Software freezes when a certain critical feature is being used 
NORMAL  Problem or Incident that prevents one or more functions of the Software from working properly, but the Software can be used without any direct problems. The Software freezes when a non-critical functionality is used, or when a functionality is used that only occurs in very specific cases that is considered to be non-blocking for working with the Software.
LOW Support Requests for Upgrades, user support and questions.  A question concerning the use of the Software 

 

Following completion of the diagnosis, the Key-User will receive a notification via phone or e-mail on the subject, after which Trakti initiates the resolution. The Diagnosis and Resolution times as defined in Article 3 are maintained. The priority of a Support Request can change on an interim basis, e.g., because an alternative or temporary solution is available that affects the Priority. Support Requests are always processed according to the tables in Article 3.  

As said at the beginning of this agreement, additional advanced SLA can be purchased with separately agreement. 

Additional support hours may be purchased either when needed (at 100% price) or additionally pre-paid per year for a reduced price. 

3) Diagnosis, resolution and workhours 

The Diagnosis Time and Resolution Time are applicable to Problems and Incidents if they are identified as such based on a Support Request. Diagnosis and Resolution Times are applicable exclusively during Office Hours of Business Days.

PRIORITY  STANDARD SLA
URGENT 9.00 AM-17.00 PM GMT
HIGH 
NORMAL
LOW 

 

4) A. Trakti diagnosis times concerning Problems and Corrective Measures 

(9 -17 GMT) Read  Open Closed
IMPORTANCE
LOW R: 4H O: 3d C: 3d
NORMAL R: 4H O: 3d C: 3d
HIGH R: 4H O: 3d C: 3d
URGENT R: 4H O: 3d C: 3d

 

Read: all the issues have to be read in 4h times and be assigned customer and priority, status change from new to read 
Open: the user has to receive a first reply message, the value is in addition to the Read status, i.e. 4h reply when reading the email 
Closed: the issue is to be closed by the agent, this means the issue has been addresses 

Solutions to Problems or Incidents are provided during Software updates, unless explicitly communicated otherwise with the Client. A Problem or Incident is considered resolved when the availability of the applicable Software update is communicated to the Client. 

5) Maintenance, updates 

Corrective Measures and Preventive Maintenance are taken at the sole discretion of Trakti. Client and Trakti may choose to annually identify and evaluate the need or wish for custom Upgrades. Trakti is not bound by any obligations based on this evaluation. Trakti will make a separate offer if custom Upgrades are requested and will perform said maintenance after obtaining the explicit approval of the Client. Diagnosis and Resolution Times for custom Upgrades, Corrective and Preventive Maintenance are not applicable, if they are not based on Support Requests made by the Client. 

Upgrades, Corrective Measures, Preventive Maintenance and, where applicable, solutions to Support Requests may result in a Software update. Trakti will deploy Software updates within the Maintenance Window unless otherwise agreed. If the Client makes use of an Acceptance Environment, updates will first be installed in this environment unless otherwise agreed, after which the Client can give approval to install the update in the Production Environment. 

The frequency and actual time of installation of updates, will be decided based on the impact of the installation (e.g., expected downtime) and the impact on the Client/End-user in the event the update is delayed. The priority is classified as Urgent, High, Normal or Low, based on the definitions given in Article 2. 

Trakti will provide on regularly basis bug fix and small improvements. 

In case of breaking changes (e.g., new design of UI) or new feature the Client is bound to buy and bear the costs of the upgrade. Trakti will provide in a separated document the estimated cost for these upgrades. 

UPDATE IMPACT  PRIORITY  FREQUENCY 
Major (>5 min.downtime) URGENT At the discretion of Trakti, in consultation with the client
HIGH Within the Maintenance Window
NORMAL Quarterly
LOW Quarterly
Regolare (>5 min.downtime) URGENT At the discretion of Trakti, in consultation with the client 
HIGH Within the Maintenance Window 
NORMAL Within the Maintenance Window 
LOW Within the Maintenance Window 
Minore (no downtime) URGENT At the discretion of Trakti 
HIGH At the discretion of Trakti 
NORMAL At the discretion of Trakti 
LOW At the discretion of Trakti 


The Client will receive a notification at least 14 days prior the quarterly updates. If the update is in response to a Support Request, the priority as
designated in the Support Request transcends. The Client will be informed as soon as an update is available that resolves the Support Request. The updates will be installed in accordance with the table above, based on impact and priority. If the Client wishes to install the update at a different time as planned, a request can be made to Trakti. Trakti will attempt to meet this request whenever possible, however its decision will remain at the discretion of Trakti. The Client is responsible for ensuring that Trakti has access to the systems to perform maintenance and to act on necessary measures (Upgrades, Corrective and Preventive Maintenance). The Client is obliged to provide any support needed for this purpose. If for any reason access cannot be granted on reasonable grounds, Trakti is exempted from any obligations set forth in this agreement.

 

6) Security, backup and restore 

The Client is responsible for access control to the infrastructure of the System installation, the Software, and the System database. The Client is responsible for server maintenance, monitoring in a manner that ensures the availability of the Software. The Client is responsible for setting up and implementing backup and restore procedures. 

7) Additional Interfaces 

This SLA does not include support for interfaces with external systems unless otherwise agreed. 

8) SLA

Trakti must   provide the Services with reasonable skill and care. Trakti must use reasonable efforts to maintain the availability of the Hosted Services but does not guarantee 100% availability. 

While we take steps to minimize downtime, occasionally there will be service interruptions that are beyond our control and do not constitute Downtime for the purposes of this SLA, including: 

  • Slowness or faults with a specific feature (such as search, filtering, etc) 
  • Delays with uploading or processing files 
  • External network problems outside of our control, such as bad routing tables between your internet service provider (ISP) and our servers 
  • “Scheduled Downtime” for maintenance 
  • Other Acts of God or Force Majeure events 

Trakti does not breach the Contract and is not liable to the Customer for any delay or failure to perform the obligations in question. 

If a Corporate Client desires advanced SLA, Trakti may charge the Client for the additional services. Trakti is not required to provide additional services unless the Client: 

  1. has approved Trakti’s quotation in writing; 
  2. has paid the costs of the additional approved services.