We are constantly reinventing ourselves in the pursuit of perfection and user satisfaction. Therefore, we really value your opinion, and would love to hear from you! The User Forum (“Forum”) allows you to interact with us and others, by submitting information, feedback, data, text, messages, or other materials (each, a “Submission”). Your Submissions will allow us to make a better PrivacyPerfect for all.
You can only access the Forum through a secure, password-protected account created by us, upon your request. You are eligible to an account only if you are an existing customer and authorised user of PrivacyPerfect. PrivacyPerfect has the sole discretion to accept or reject a request for account creation. PrivacyPerfect also has the right to terminate your account and access to the Forum at any time, at its sole discretion. If you are no longer an authorised user and/or customer of PrivacyPerfect, your account will be immediately terminated, and PrivacyPerfect has the right / but no obligation to delete all or part of your Submissions from the User Forum.
Responsibility for Submissions
You agree that you are completely and solely responsible for all of your Submissions and that any such Submission is considered both, non-confidential and non-proprietary. By posting any Submission, you are promising us that you own all rights in your Submission, or that you have the required authorisations, permissions and license to make these Submissions, and that they do not infringe on the rights of others, do not violate law, and are not in poor taste.
If you use our Forum, you also understand that anyone can see your Submissions. We do not endorse, nor are we required to pre-screen or monitor your Submissions (although we might), and, like elsewhere on the internet, your Submissions could offend other people and vice versa. We are not liable to you or to any third party for any damages arising out of the Submissions shared by you, including but not limited to, copyright protected works and/or trademarks.
You will be able to edit or delete any Submission you have made, through your user account. In some cases, as further detailed in our Notice and Take-Down Procedure (“NTD Procedure”), another user or PrivacyPerfect may reasonably request you to delete the whole/part of any of your Submissions. If you do not comply with such request, it is possible that, in accordance with the NTD Procedure, PrivacyPerfect may remove the whole/part of the allegedly unlawful/undesirable Submissions or provide your name and contact details to the Notifier as described in the NTD Procedure.
If you choose to make any Submissions either directly to us, or via this Forum, you agree that we can use them without any restrictions or compensation to you. You grant to us an irrevocable, perpetual and royalty-free license to copy, modify, publish and display your Submission, and to make, use and sell (and permit others to do the same with) your Submission for any purpose (including, without limitation, to use your Submission on our Website, Website Services and other products and/or services).
Supplementary to the General Restrictions contained in these Terms, you also agree not to transfer, distribute or store any Submissions that:
(a) Are obscene, defamatory, libellous, slanderous, profane, indecent or unlawful;
(b) Contain any form of pornography, including child pornography;
(c) Promote racism, violence or hatred;
(d) Are factually incorrect, false, misleading or deceptive;
(e) You don’t have the right to copy and/or transfer;
(f) Infringe, violate or misappropriate intellectual property rights, privacy rights including personal data protection rights and/or any other kinds of rights;
(g) Infringe on, or violate any applicable law or regulation;
(h) Constitute ‘hate speech’, whether directed at an individual or a group, and whether based upon the race, gender, sex, creed, national origin, religion, sexual orientation or language of such individual or group, and/or;
(i) Facilitate or promote gambling, or the sale or use of liquor, tobacco, tobacco products or illicit drugs.
In addition, you also agree not to:
(a) Impersonate or falsely make yourself out to be associated or affiliated with any individual or entity;
(b) Stalk, harass, or harm another individual;
(c) Access any non-public areas of the Website and/or Website Services;
(d) Send viruses, worms, malware, spam, junk mail, phishing mails, chain letters, unsolicited promotions, advertisements of any kind and for any purpose;
(e) Make any Submissions that prejudice or tarnish, or that according to any reasonable person would tarnish the image, goodwill or reputation of PrivacyPerfect and/or its products and services.
Notice and Take-Down Procedure
PrivacyPerfect respects your rights and expects you to respect our rights and the rights of others. We follow the Dutch Code of Conduct for Notice and Take Down. Therefore, in case we discover, either on our own, or through the notification of others, that criminal/unlawful/undesirable Submissions are made or distributed through our Forum, we will follow the procedures described here to remove the Submissions from our Website.
Any person or organisation is permitted to report unlawful content (“Report”) to us, at email@example.com. Such person (the “Notifier”) has the duty to ensure the accuracy and completeness of such report. Incomplete Reports shall not be processed. PrivacyPerfect should be able to verify that Reports following an investigation regarding a criminal offence have originated from an inspection or investigation service, or in the case of a formal legal order, from the Public Prosecutor’s Office. A Report of any other nature than the foregoing should include at least the following information:
• Notifier’s contact details, name, function, organisation, address, email address;
• All information PrivacyPerfect needs in order to evaluate the lawfulness of the disputed Submission, including the specific location of the allegedly unlawful content (a specific URL and not the home page);
• Motivation of the reasons why PrivacyPerfect is the most appropriate intermediary to deal with the matter.
PrivacyPerfect shall evaluate the Report and classify it into one of the three categories below, and take measures associated therewith.
|Punishable content reported by an inspection or investigation service, or, in the case of a formal legal order, by the Public Prosecutor’s Office
|Unequivocally unlawful content and/or punishable content reported by other sources than the authorities listed above
|Content concerned in not unequivocally unlawful according to us
||Content shall not be removed, and Notifier will be informed accordingly, together with reasons.
In case PrivacyPerfect is unable to reach an unequivocal judgment as to whether the content is unlawful or punishable, we will inform the content provider whose Submission is at dispute (hereafter referred to as “Submitter”) about the Report, with the request to (i) allow us to remove the content; or (ii) contact the Notifier. If Notifier and Submitter are unable to reach an agreement, Notifier can make an official report to the police if an alleged criminal offence might be concerned. If it concerns content that is alleged to be unlawful under civil law, Notifier can bring the dispute with the Submitter before a Dutch court of law. Should Submitter be unwilling to sufficiently identify himself to Notifier, PrivacyPerfect has the right to (i) provide Notifier with the Submitter’s name, email address and IP address; or (ii) remove concerned content.
Evaluation and measures will be taken as soon as possible, depending upon PrivacyPerfect’s assessment as to the severity of the allegations and the urgency of the matter, and in any event within 10 days of receipt of a complete Report containing all relevant details requested by PrivacyPerfect. The Notifier can, while providing the Report, request for urgency in the take-down procedure, with reasons for the same.
In the event that content is to be removed, PrivacyPerfect shall exercise due caution to ensure that no more than the necessary content is removed.
Notifier hereby provides us with an explicit indemnity against claims from the Submitter relating to any actions we take in relation to handling the Report, or in relation to the allegations made in the Report or the illegality of the Report itself. Where requested, the Notifier shall include a specific indemnity in the Report, or in a subsequent document.