Last edited: March 7th, 2019
Thank you for using PrivacyPerfect. PrivacyAgent B.V. (“PrivacyPerfect”, “us” or “we”), having registration number 58796576, and with its main office located at Stationsplein 45, 4th floor, 3013 AK Rotterdam, The Netherlands, is the owner of this website and its features (the “Website”).
PLEASE REVIEW THE TERMS ON A REGULAR BASIS SINCE WE MAY AMEND THEM FROM TIME TO TIME. BY CONTINUING TO USE THE WEBSITE YOU ACCEPT ANY CHANGE MADE TO THE TERMS.
If you are entering into these Terms on behalf of your company or other organization, you hereby represent and warrant that you are authorized to do so.
These Terms supersede any and all prior oral and written quotations, terms, communications, agreements and understandings between you and PrivacyPerfect.
Our Website is free to use and ordinarily does not require registration, except in case of the User Forum, which is dealt with separately, below.
The Website provides information about us and our products and services. It contains explanatory videos as well as customer testimonials about our product, which you are free to access, subject to the restrictions contained in these Terms. We also offer blogs and other helpful resources regarding our products and services as well as information on GDPR compliance. Besides this, we also offer the following services to you, free of cost, through our Website (“Website Services”):
Besides the free demo videos available on our Website, it is also possible for you to request a live demo from one of our representatives, through our Website. For doing so, you must subscribe to a demo on the Website, by providing us certain personal information such as your name and contact details.
Our Website lists information regarding upcoming webinars, along with the language, date and time, in order to make it easier for you to request access to a webinar as per your desired specifications and when it is most convenient to you. You can simply subscribe using your name and contact details and we will get back to you.
You can also subscribe to our newsletters through our Website using your name and contact details. Our newsletters will provide you the latest news about our products, services and events.
We either hold our own events or sponsor certain events from time to time. Our Website provides information about such events, and you can also subscribe to/ register with the events through our Website. Sometimes this includes links to third party websites. In such cases, if you choose to click on these third-party links, please note that you will be governed by the terms and conditions and privacy policies of these third parties and we will have no liability or responsibility regarding the same. Therefore, we would urge you to review their terms, policies and procedures to know of your rights and responsibilities.
(e) User Forum
This feature is only available to our existing customers and not all visitors to the Website. PrivacyPerfect retains the right to reject any request to access the User Forum at its sole discretion.
(f) Live Chat
You can chat with the PrivacyPerfect team through our Website.
(g) Free Resources
We also offer blogs, whitepapers, guides and other helpful resources. Some of these resources are only available upon request. You can place your request via our Website itself, and we will send you an email linking it with the relevant resource.
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.
Intellectual property rights
Our Website may contain our service marks / trademarks as well as those of our affiliates, partners, customers, etc., in the form of words, graphics and logos. Your use of our Website does not, in any way, constitute a right, authorization, or license for you to use such service marks/trademarks, without the prior written permission of the corresponding owner of such service marks/ trademarks.
Our Website may also contain publications in the form of blog posts, whitepapers and other content and resources that is copyright protected. We own the copyright (or have been licensed the copyright) for the purpose of publication on the Website. Your use of the Website does not in any manner, constitute a right, authorization or license for you to use such material.
All intellectual property rights vested in our Website, including any software, is vested in us or our licensors. Your use of the Website does not in any manner, constitute a right, authorization or license of such intellectual property rights.
The copying, redistribution, use, publication by you of any portion of our Website is strictly prohibited. Your use of our Website does not grant you ownership rights of any kind in our Website.
In order to keep your personal data safe and secure PrivacyAgent and our partners have taken organisational and technical measures to protect your data from theft, loss or any kind of use that is not in line with the purposes for which the data was collected.
To be clear, we authorise your use of this Website only for Permitted Purposes. Any other use of this Website beyond the Permitted Purposes is prohibited and, therefore, constitutes unauthorised use of this Website. This is because as between you and us, all rights in this Website remain our property.
Unauthorised use of this Website may result in violation of various national and international copyright laws. Below are examples of things you are not permitted to do. The list is not exhaustive, and only indicative. You are not permitted to use our Website:
(a) In a manner that modifies, publicly displays, publicly performs, reproduces or distributes any of this Website;
(b) In a manner that violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law;
(c) To interfere with or disrupt this Website or servers or networks connected to this Website;
(d) To use any data mining, robots, or similar data gathering or extraction methods in connection with this Website;
(e) To attempt to probe, scan, compromise or test the vulnerability of the Website, Website Services or any related service, system or network or breach any security or authentication, whether through hacking, password mining, or any other means, unless you do so in accordance with our Responsible Disclosure Policy
PrivacyPerfect provides this Website and the Website Services on an “as is” basis, without express or implied warranty of any kind. Without limiting the foregoing, PrivacyPerfect explicitly disclaims any warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Website and Website Services are available on an uninterrupted, secure or error-free basis. Your use of the Website and Website Services is at your own risk. You acknowledge and agree that we are not responsible for any damages to your computer system, network or the computer system or network of any third party that result from use of the Website and/or Website Services, and we are not responsible for any failure of the Website and Website Services to store, transfer or delete a file or for the corruption or loss of any data, information or content contained in a file.
Indemnity and Liability
You will defend, indemnify and hold harmless, PrivacyPerfect, including its employees, affiliates, agents and representatives from and against any claims, incidents, liabilities, procedures, damages, losses and expenses, including reasonable legal and accounting fees, arising out of, or in any way related to your access to, or use of the Website and Website Services, or your violation of these Terms, including any third party claims that your Submissions infringe or violate any third party rights or any applicable law.
We are not liable for any damage or personal injury resulting from any use of this Website or Website Services. The limitation of liability shall not apply only if the damage is caused by intent or gross negligence on the part of PrivacyPerfect. In the event we are liable for damage under mandatory law, our aggregate liability to you for any and all claims arising out of or in connection with the use of the Website and/or Website Services shall in no event, exceed one hundred euros (Euro 100) per incident.
Governing Law and Jurisdiction
These Terms are governed by Dutch law. These Terms will not limit any consumer protection rights that you may be entitled to, under mandatory laws of your country of residence. Any disputes regarding these Terms will be submitted to the applicable jurisdictional courts in Rotterdam.