General Terms and Conditions Privacy Assistant
Article 1 Definitions
- In these General Terms and Conditions the following terms are used with the following meaning, unless explicitly stated otherwise or if the context proves otherwise:
- General Terms and Conditions: These general terms and conditions.
- Privacy Assistant: Privacy Assistant is a general partnership with the objective of assisting companies in meeting (some of) the obligations related to privacy-related documentation. Located at Duiveland 28 in Zoetermeer, registered with the Chamber of Commerce under number: 72159065.
- Service: All products and / or services delivered by Privacy Assistant to the Client.
- Client: The natural person or legal entity or representative of a natural person or legal entity who has given accord or instructed the Privacy Assistant for the Service and thereby entered into an Agreement with Privacy Assistant. In principle, the Client will represent a legal entity.
- Agreement: The agreement between Privacy Assistant and the Client.
- Website: The website of Privacy Assistant: privacyassistant.com
- Account: The profile created by the Client on the Website where the Client can view the Service.
Article 2 Applicability of these General Terms and Conditions
- The General Terms and Conditions apply to all Agreements and Services of Privacy Assistant.
- All natural persons and legal entities engaged by Privacy Assistant, who are involved in any way in the work of Privacy Assistant, can appeal to the General Terms and Conditions.
- The most recent version of the General Terms and Conditions is applicable. The most recent version can be found on the Website. The Client must regularly review the Terms and Conditions.
- Deviations from the General Terms and Conditions are only valid if they have been agreed explicitly by both parties.
- In the event of a lack of clarity or conflict about a provision or agreement between Privacy Assistant and Client, this must be explained in the spirit of these General Terms and Conditions. This explanation is also used when the relevant situation is not specifically regulated within these General Terms and Conditions.
- The applicability of any conditions from or by the Client is explicitly rejected.
Article 3 Service
- The Service of Privacy Assistant enables the Client to generate a limited number of Documents by filling in questionnaires within his Account on the Website. The Documents are generated in Dutch and English. With changed laws and regulations, Privacy Assistant tries to adjust the questionnaires accordingly.
- The Service gives the Client the option to generate a maximum of one privacy statement, one cookie statement and banner, one register of processing activities, 20 data processing agreements and 20 confidentiality statements.
- The Documents as referred to in article 3.2 have a standardized character, the intention of which is to apply to the situation of the Client by completing the questionnaire as completely as possible.
- Privacy Assistant does not guarantee in any way the applicability of the Documents to the situation of the Client. The Client must judge for himself whether the Documents apply to his own situation.
- Using the Documents from Privacy Assistant and / or entering into rights and / or obligations based on this is at the Client’s own risk.
Article 4 Agreement
- The Agreement is established by acceptance of the Service by the Client.
- Privacy Assistant only has a best efforts obligation and gives no guarantees to achieve an intended result.
- Privacy Assistant may prematurely terminate or change the Agreement if there are circumstances that make it impossible to implement the Agreement or if the Client acts contrary to the General Terms and Conditions.
- If the Client acts contrary to the Agreement or General Terms and Conditions, Privacy Assistant is entitled to compensation. In such a case, the Client is not entitled to compensation.
- After the Agreement has been concluded, the Client explicitly agrees to waive his right of withdrawal. Since the Service concerns the delivery of downloadable digital content, no return is possible and therefore no reversal of payment and delivery of services can take place.
Article 5 Liability and responsibility
- Much care is paid to the quality of the Service. However, Privacy Assistant can not be held responsible or liable for the consequences of usage by the Service of the Client.
- The Documents could contain inaccuracies or other errors. Privacy Assistant is not responsible or liable for this.
- The Client is fully responsible for any use of the Service.
- Privacy Assistant is never liable for damage that the Client has caused to himself or to third parties during the performance of acts, rights or duties that are came directly or indirectly from the Service.
- Liability arising from incorrectness of implementation of the Documents and any other Services of Privacy Assistant lies with the Client. The Client has a duty to complete the Privacy Assistant questionnaire completely, clearly and concisely for his own situation.
- The Client has the duty and responsibility to check the Documents and other Services of Privacy Assistant for lawful, complete, correct and complete alignment with his own situation.
- The Client guarantees the accuracy, completeness and reliability of the information provided to Privacy Assistant. This also applies if the information comes from third parties.
- All claims of the Client concerning failure of Privacy Assistant lapse if they are not disclosed in writing and clearly substantiated to Privacy Assistant within two months after delivery of the Product.
- If Privacy Assistant is held legally liable, the liability of Privacy Assistant is limited to the maximum invoice value of the Subscription.
- The Client is responsible and liable for the application and use of the Service.
Article 6 Data
- Client’s data will be treated confidentially by Privacy Assistant.
- Client Data can be used by Privacy Assistant in accordance with applicable laws and regulations for purposes of direct marketing and commercial purposes.
- Privacy Assistant and Client mutually commit themselves to confidentiality of confidential information obtained in the context of the activities of each other or from another source. Information is considered confidential if this has been reported by the other party or if this results from the nature of the information.
- With regard to the personal data of the Client, Privacy Assistant refers to the privacy statement of Privacy Assistant, which can be found on the Website.
Article 7 Intellectual property
- All intellectual property rights on the Documents provided by Privacy Assistant or any other type of information, are exclusively held by Privacy Assistant.
- The Service received by Client from Privacy Assistant is exclusively intended for own use within the company which the Client represents, any form of distribution, exploitation and / or reproduction of the products is a violation of the intellectual property rights of Privacy Assistant.
- Privacy Assistant could use knowledge obtained during the performance of the Agreement or through contact with the (possible) Client may Privacy Assistant use for other purposes, unless the relevant knowledge relates to confidential knowledge or data from (possible) Client.
Article 8 Applicable law and competent court
- Dutch law applies to every Agreement between Privacy Assistant and the Client.
- Any disputes that may arise between the parties will only be adjudicated by the competent court in the Netherlands within whose jurisdiction the location of Privacy Assistant is located.
Article 9 Contact Privacy Assistant
Privacy Assistant can be reached for questions and comments via firstname.lastname@example.org.