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Software Privacy Policy

Pursuant to Art. 13 of EU Regulation 2016/679 (hereinafter, “GDPR”) Tender Brain S.r.l. protects your Privacy regarding the processing of personal data. Personal data acquired as a TenderBrain user.

General Information

Users of accounts referring to Clients, as well as the individuals representing the client (hereinafter, “data subjects”, pursuant to art. 4(1) GDPR), are informed of the following general profiles, valid for all processing purposes:

  • The Data Controller is Tender Brain S.r.l., represented by its legal representative Guglielmo Ela Oyana, with registered and operational office in Gorgonzola (20064 – MI), via Milano n. 37/c – tax code and VAT number: 13931000965, reachable at: amministrazione@tenderbrain.it .
  • All user data, referring directly or indirectly to individuals, is processed lawfully, correctly and transparently towards the data subject, in compliance with the general principles set out in art. 5 GDPR.
  • We have adopted specific security measures to prevent data loss, unlawful or incorrect use, and unauthorized access.
  • We process, through the Tender Brain platform (the “tool”), only “common” data, i.e. information that does not include “special categories of data” or “judicial data”.
  • The tool hosting is provided by Google Cloud Platform, appointed as external data processor, whose servers are located within the European Economic Area; any transfers of data to sub-processors abroad will be covered by standard contractual clauses and/or Privacy Shield adherence, in accordance with articles 45 and 46 GDPR.
  • The updated list of persons authorized to process data on behalf of the Data Controller, as well as external data processors appointed by Tender Brain, is available at the Data Controller’s office.
  • Tender Brain’s privacy policy does not involve the processing of personal data of individuals under 18 years of age.

We collect personal information as follows:

Personal information you provide: we collect personal information if you create an account to use our services or communicate with us:

  • Account information: when you create an account with us, we collect information associated with your account, including your name, email, and account credentials.
  • User content: when you use our services, you provide information through chat input, files you upload to create Indexes or files you upload directly in chat, or feedback you provide.
  • Communication information: if you contact us (e.g. to request technical support or information), we collect your name, contact information and the content of the messages you send.

Personal information we automatically receive from your use of the services:

  • Log data: information your browser automatically sends when you use our services, including your IP address, browser type and settings, date and time of the request.
  • Usage data: we may automatically collect information about your use of the services, such as the types of content you view or interact with, features you use, and actions you take.
  • Device information: includes device name, operating system, device identifiers and the browser you are using.

The legal bases are as follows:

  • Contract performance or fulfillment of pre-contractual commitments: allowing you to use, update and maintain the platform; activating, providing, suspending and managing your subscription; providing all services included in the Data Controller’s commercial offering; improving technical support and our services; managing and renewing your subscription.
  • Legitimate interest of the Data Controller: managing complaints and disputes, recovering credits, preventing fraud and illegal activities; performing aggregated anonymous statistical analysis; sending you commercial communications about similar services already used; preventing crime and safeguarding public safety.
  • Compliance with legal obligations: complying with obligations set out by laws, regulations, EU rules, orders and requirements of competent authorities.

How we use personal information

We may use personal information to: provide, administer, maintain and/or analyze the services; communicate with you; develop new programs and services; prevent fraud, criminal activity or misuse of our services and protect the security of our IT systems; comply with legal obligations and protect our rights, privacy, security or property, or those of you or third parties.

Disclosure of personal information, nature of provision and retention period

Under certain circumstances, we may provide your personal information to third parties without further notice, unless required by law: providers of hosting, cloud and other IT services will access, process or store personal information only within the scope of performing their tasks for us.

Providing data is optional but necessary for the delivery of the service. Refusal to provide data does not allow part of the service to be delivered during use of the tool.

  • Identification and contact data: processed for service purposes, for no longer than 10 years from the end of the contractual relationship and in any case for the statute of limitations period provided by law.
  • Usage data: user accounts will be deleted immediately at the end of the subscription/contractual relationship; log data will be deleted six weeks after termination of the subscription/contractual relationship.
  • Data processed for the Data Controller’s legitimate interest in exercising rights, for the entire duration of any dispute.

Your rights

You may freely exercise the following rights regarding the processing of data by Tender Brain:

  • Obtain confirmation as to whether data concerning you is being processed and, if so, access to the data and related information.
  • Request rectification of inaccurate data.
  • Request erasure of data where, among other reasons, it is no longer necessary for the purposes for which it was collected.
  • Request restriction of processing.
  • Object, in whole or in part, for legitimate reasons, to the processing of your data.
  • Receive, in a structured, commonly used and machine-readable format, the data provided to Tender Brain, or request its direct transfer to another controller, where technically feasible.
  • Withdraw consent given, where relevant, without prejudice to the lawfulness of processing based on consent given before withdrawal.

The above rights may be exercised by sending a request to Tender Brain via registered letter with return receipt to the operational office of Tender Brain S.r.l. in Gorgonzola (20064 – MI), via Milano n. 37/c, or by email to info@opengate.biz , or by certified email (PEC) to tenderbrain@legalmail.it .

Data subjects have the right to lodge a complaint with the competent supervisory authority.

Third-Party Products and Services

TenderBrain uses third-party services and products:

Cloud infrastructure: TenderBrain resides in a Google Cloud Platform account owned by Tender Brain. The contracting party on behalf of Google is Google Cloud Italy S.r.l., whose servers hosting the Tool are located within the European Economic Area (infrastructure in St. Ghislain, Belgium, with backups within the European Union).

Third-party AI services: TenderBrain uses generative AI services provided by third parties, namely OpenAI OpCo, LLC and Google Cloud Italy S.r.l., purchased through Open Gate S.p.A.

Privacy policy updates

Please note that this notice may be subject to periodic review, including in relation to applicable regulations and case law. In the event of significant changes, appropriate notice will be given for a reasonable period of time. Data subjects are invited to periodically review this policy.

This is a notice, provided pursuant to art. 13 of the GDPR, valid exclusively for the use of the Services offered by TenderBrain and not for other websites and/or services of the Data Controller and/or third parties reachable via external link.