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    • ScamAdviser Terms and Conditions

    These terms and conditions (“Terms”) apply to your use of our website(s) (“Websites”), mobile applications (“Apps”) and any data, products, tools, software, application, or any services of any other kind owned, operated, or otherwise (collectively “Services”) provided by ScamAdviser to you. Please note that these Terms you are reading may differ depending on your country or region. We invite you to select the version applicable to your jurisdiction. Any terms that deviate from these Terms are only valid and binding for ScamAdviser if they have been agreed to by ScamAdviser in writing. The applicability of the general (purchase) terms and conditions you use are expressively rejected. Your reference to the applicability of your own general terms and conditions shall have no legal effect.

    ScamAdviser is an initiative of Ecommerce Operations B.V., a company incorporated and registered in The Netherlands with company number 66717809. 

    In these Terms, the words “we”, “us” and “ours” refer to ScamAdviser and the words “user”, “you” and “your” refer to anyone using our Service. 

    In addition to these Terms, ScamAdviser may issue guidelines (“Guidelines”) that describe and govern in a more detailed matter the manner in which you are entitled to use the Service. In case of conflict between a Guideline and these Terms, the contents of the Guideline shall prevail. 

    By registering as a member or using the Services, you acknowledge that you have read, understood, and agreed to be bound by these Terms. By clicking “Agree” (or a similar confirmation) in the App or on our Website, or by otherwise accessing or using the Services, you enter a legally binding contract with ScamAdviser. If you do not agree to these Terms, you should refrain from using the Services and may request cancellation of your membership. ScamAdviser reserves the right to suspend or discontinue all or part of the Services to protect your rights or the integrity of our Websites or Apps.

    ScamAdviser may update, amend, or supplement these Terms at any time. You are responsible for reviewing the latest version of the Terms before registering or using the Services and for periodically checking for updates.

    By registering and/or downloading, installing, or accessing the Services, either as a consumer or a business professional, you represent and warrant that:

    You are a natural person with full legal capacity and authority (or, if you are a minor, as determined in accordance with the laws and regulations applicable to you, you have obtained consent from your legal guardian), or a legal entity or other organization with the legal right to enter into this agreement and to use the Services in accordance with applicable laws. If you do not meet these eligibility requirements, you and your legal representative will be held liable for any consequences, and ScamAdviser may revoke your membership and/or suspend your access to the Services, and to seek compensation for any damages or losses incurred.
    You have the legal right to use the Services under applicable laws and regulations.
    The information you provide to ScamAdviser is true, accurate, and complete, and you agree to update such information as necessary upon request by ScamAdviser.
    In addition to the above, the following applies for users using the Services for business purposes or as a business professional:

    An agreement (“Agreement”) in respect of the Services between ScamAdviser and you shall be concluded upon your acceptance of a proposal from ScamAdviser. ScamAdviser may require you to confirm your acceptance in writing. In the event that you do not formally accept a proposal from ScamAdviser but nevertheless create such an impression (e.g. by having ScamAdviser carry out certain work), the proposal will be deemed to have been accepted in full. 
    After the Agreement has been concluded, ScamAdviser will use commercially reasonable efforts to fulfil its obligations with due care and skill and within the agreed timeframe or within a reasonable period of time if no timeframe has been agreed. Any obligations of ScamAdviser under the Agreement shall have the character of obligations to use reasonable efforts.Any (delivery) dates announced or otherwise communicated by ScamAdviser or agreed between the parties are indicative and do not constitute strict deadlines. ScamAdviser has the right to engage third parties for the performance of the Agreement. 

    1.     Services

    1. The Services provided by ScamAdviser consist solely of aggregated content derived from publicly available information. ScamAdviser does not independently evaluate, verify, or express any opinion on such content, and the inclusion of such information shall not be construed as representing the views or positions of ScamAdviser.
    2. Unless agreed otherwise, our Services are provided to you free of charge and on an “as-is” basis. If you use our Services free of charge,  available features may change from time to time without notice being required and we may terminate or suspend such free of charge Services provided to you at any time and without notice or explanation. 
    3. We endeavour to ensure continuous availability of the Services but do not warrant uninterrupted availability.
    4. For users using the Services for business purposes or as a business professional:
      1. ScamAdviser will make reasonable efforts to provide you with (continued access to) the Service and will do so with due observance of sufficient care and expertise. However, ScamAdviser does not warrant uninterrupted availability of the Services.
      2. In case of errors in the Services, ScamAdviser will strive to resolve these as quickly as possible. ScamAdviser is entitled to perform maintenance on its Services and make changes to the Services. Such changes may result in change or loss of functionality of the Services. ScamAdviser will use reasonable efforts to notify you of planned maintenance in advance.
      3. Unless otherwise stipulated otherwise, Services will be provided indefinitely. In such case, either party may terminate the Services by written notice taking into account a notice period of two months. If a Service is provided for a specified (minimum) term, the term shall, upon expiry of this term, subsequently be renewed with additional periods equal to the initial term. Either party may prevent such renewal by providing a written termination notice to the other party taking into account a notice period of two months. Services provided for a specified or minimum term cannot be terminated by you in the interim. Section 7:408, paragraphs 1 and 2 of the Dutch Civil Code do not apply.
      4. Termination or rescission will in no case affect amounts owed or payable to ScamAdviser and will not result in restitution of amounts paid to ScamAdviser. Services provided free of charge may be terminated by either party in writing at any time without notice to the other party being required.
    5. If our Services consist of providing Apps, the following applies in addition to any other relevant provisions:
      1. Our Apps are distributed through third-party app stores. These Terms apply only between ScamAdviser and you and not to any app store provider. You acknowledge that the app store provider has no obligations towards you regarding any support or maintenance of our Apps.
      2. If you are a consumer that uses the Apps free of charge, we grant you a limited, non-exclusive, non-transferable, revocable license to use the App on any mobile device that you own or control. The App may be used only on the device onto which the App was downloaded and installed. This license is granted to you for personal, non-commercial use only and does not allow you to use the App for any commercial purposes or on behalf of any third-party. The license is granted to you at no charge, and we reserve the right to terminate or suspend your license and applicable Services at any time, with or without cause, at our sole discretion, for example if we discontinue free licenses or when you are in breach of these Terms. If you are a consumer that has purchased a paid license, we may suspend or terminate the license and applicable Services provided to you (i) in case of non-payment, misuse of license and/or the Services, or material breach of these Terms; or (ii) if we discontinue the paid license and applicable Services, in case you will be entitled to a pro-rata refund of any prepaid fees, where applicable. 
      3. The App may be available for download on various app stores, such as Apple App Store for iOS or Google Play for Android, and you agree to comply with the additional terms and conditions imposed by those app stores. We are not responsible for any such additional terms and conditions, and your use of the App may, in addition to these Terms, be subject to such terms and conditions.
      4. The App may, depending on your device and app store settings, automatically download and install Updates, or you may be prompted to manually download and install the Updates. We may require you to install Updates before continuing to use the App. If you do not install Updates when prompted or required to do so, certain features or functionality of the App may no longer be available to you.
      5. You acknowledge and agree that Updates may be made available subject to additional terms and conditions, which will then be presented to you prior to installation of the Update. You will have the option to accept or reject such additional terms and conditions. If you do not install Updates when prompted or required to do so, certain features or functionality of the App may no longer be available to you.
      6. You acknowledge that as mobile operating systems and devices are updated, the App may no longer be compatible with certain versions or features of those systems and devices. We will make reasonable efforts to ensure that the App remains compatible with the latest and most widely used mobile operating systems and devices, but we make no guarantees or representations regarding such compatibility.
      7. Any warranties provided by us under these Terms are only provided by us and not by the third-party app store the App is distributed by.
    6. We may, from time to time, provide updates or upgrades to the Website or the App that may for example include bug fixes, new features, or other enhancements (collectively, "Updates"). However, you acknowledge and agree that we have no obligation to provide any Updates, and that we may modify, suspend, or discontinue any aspect of the Website or App at any time, without notice or liability to you.
    7. Our Websites and Apps may contain open-source software that is subject to open-source licenses. Your use of the open-source software is subject to the terms and conditions of the applicable open-source license(s), and nothing in these Terms limits your rights under or grants you rights that supersede the terms and conditions of any applicable open-source license. If the Website or App contains open-source software and when required by law, the applicable open-source licenses are mentioned in the App or on the Website or the documentation provided along with the App or Website, as the case may be. To the extent that any such open-source software is distributed under the terms of a license that require us to make the corresponding source code available, we will make the corresponding source code available to you upon your request.
    8. You understand and agree that the Services do not guarantee completeness or accuracy. You are solely responsible for independently verifying information retrieved from the Services and for any decisions made based on such information. All actions performed through your account are presumed to be conducted by you; accordingly, you shall bear full legal liability for such activities.

    2.     Fees and Payment 

    1. Fees payable for the Services and/or the App, if any, are specified in the Agreement. All prices quoted by ScamAdviser are in Euros and are exclusive of VAT and other government taxes and duties, unless mentioned otherwise.
    2. Unless agreed otherwise, fixed fees are payable and invoiced in advance, and fees that cannot be calculated in advance, such as pay-per-use fees, will be invoiced monthly in arrears. ScamAdviser will issue invoices for amounts due and is entitled to invoice electronically. Invoices must be paid within thirty days after the invoice date.
    3. During the term of the Agreement, ScamAdviser has the right to increase its fees once per year in accordance with the consumer price index of the month June or the annual average of the index, of the previous calendar year (as published by Statistics Netherlands) plus a separate five percent. 

    3.     Privacy 

    1. While delivering our Services, we collect and process specific personal information as outlined in ScamAdviser's Privacy Policy which can be found at www.ScamAdviser.com/privacy-policy and/or as referenced within the respective Service. ScamAdviser’s Privacy Policy forms an integral part of these Terms. ScamAdviser generally acts as an independent data controller and determines the purposes and means of processing personal data in connection with the Services.
    2. In certain cases, for example if ScamAdviser provides business services and processes personal data on your behalf, ScamAdviser acts as a data processor within the meaning of the European Data Protection Regulation (“GDPR”). In such cases, our Data Processing Addendum applies and forms an integral part of the Agreement.


    4.     Registration 

    1. To be able to make full use of our Services, you may be required to register for an account. ScamAdviser has the right to review, suspend, or terminate your account at its sole discretion. We may offer you the option to register for an account by using certain third-party services (e.g. Google or Facebook Login) in which case the following also applies.
    2. You may only register for an account if you are 18 years (or the age as determined in accordance with the laws and regulations applicable to you) or older. Accounts are personal and may not be shared or transferred to other people. You are only allowed to create one account, which is only for your own use.
    3. When you are asked to choose a username, please note that the username may be displayed and visible to other people using our Service. For example, your username may be displayed online when you submit information (e.g. reviews, comments, reports) for the purpose of publishing it within our Service. 
    4. When you are asked to choose a password, you are responsible for choosing a sufficiently reliable password. The foregoing also applies if you use a third-party service account (e.g. Google) to create and subsequently access your account created with us.
    5. You must keep your login credentials, username, and password strictly confidential. We cannot be held liable for any misuse of the login credentials and may assume that any use of an account is done by the person that created the account in the first place – unless we were notified that access to the account may have been compromised.
    6. Users may request termination of their membership or access rights via customer service.
    7. By registering as a member, you understand and agree to the following obligations:
      1. Provision of Personal Data: You agree to provide complete and accurate personal information, including but not limited to your phone number, name, and other registration-related data, to ScamAdviser or its lawfully appointed processors. You authorize ScamAdviser to collect, process, and use such personal data, and to take any reasonable measures based on the results of internal or user-generated queries or reports.
      2. To access full membership features, you agree to log in prior to using the Services and maintain active authentication during use. You must safeguard your login credentials and shall not imply, disclose, transfer, lend, or authorize any third party to access your account. ScamAdviser has the right to forcibly log out accounts that are detected as logged into multiple mobile devices simultaneously.
      3. In the event of a forced logout, you agree to reauthenticate, and you acknowledge that ScamAdviser bears no liability for any losses resulting from this process.
      4. Incident Reporting: If you discover or suspect that your account has been compromised or accessed without authorization, you must immediately change your password and notify ScamAdviser’s customer service. ScamAdviser has the right to suspend the account during investigation and assist in reactivating access upon resolution.

    5.     Access

    1. To use and access the Services, authentication may be required. User credentials may not be shared with third parties, except for third parties that are engaged by you for use of the Services on your behalf.
    2. You are obliged to keep credentials secure and strictly confidential. ScamAdviser has the right to assume that all acts performed using these credentials are performed under your supervision and with your approval. You must notify ScamAdviser immediately if you suspect abuse or any other form of unauthorised use.

    6.   General Rules of Conduct

    1. While using our Service, you must comply with these Terms. Additionally, as mentioned above, certain Guidelines may also apply. If you use Services in violation of these Terms and those Guidelines, we may take action in the manner described therein.
    2. You shall not use the Services in a manner that violates any applicable laws and regulations. You may not use Services in a manner that causes nuisance, hindrance, or loss and/or damage to ScamAdviser and third parties, including other users of the Services of ScamAdviser.
    3. While making use of our Services, you are not permitted to:
      1. violate applicable laws and regulations or any Guidelines issued by ScamAdviser;
      2. distribute information which is unlawful, libelous, racist, deceptive, misleading, fraudulent, threatening, abusive, harassing, tortious, obscene, pornographic or profane;
      3. use indecent language;
      4. submit off-topic reviews or experiences;
      5. submit information that is not based on the truth or experiences that are not genuine;
      6. violates other people's rights, including any intellectual property rights;
      7. submit information on behalf of someone else or pretend to be someone else in your published information;
      8. make commercial statements in your review, including naming competitors of the party to which the review relates;
      9. access or interfering with ScamAdviser’s systems or data in an unauthorized manner, or Access, disrupting, or using non-public systems belonging to ScamAdviser or its partners without authorization;
      10. Transferring, selling, auctioning, or distributing membership accounts, activation codes, discount codes, or other paid service items in any unauthorized manner, including via online forums or social media platforms;
      11. attempt to scan, probe, or test the vulnerability of the Service’s systems or network, or bypassing security mechanism;
      12. forge identifying information or otherwise transmitting false or misleading origin data;
      13. exploit security vulnerabilities or bypassing protection mechanisms to alter, delete, or collect personal data of others.
    4. If ScamAdviser takes notice of any use of the Service that violates these Terms, the Guidelines, any applicable laws and regulations or and any other agreements we have with you, ScamAdviser shall have the right to take measures (including but not limited to refusing, suspending, or terminating access to the Services, freeze the user’s account, remove offending content and pursue all legal remedies available) to stop the (suspected) unlawful or unauthorized use and shall not be liable for any damage resulting from measures taken.
    5. You warrant that any information, statements, or claims submitted by you to the Services, including domains and associated information reported by you to be added to a (public) warning list, are fully correct. You shall indemnify and hold ScamAdviser harmless against all third-party claims pertaining to loss and/or damages arising from your breach of these Terms.
    6. For the purpose of verification, we may at any time request you to promptly provide us with additional information regarding the information you have submitted to us while making use of the Service. Not timely or adequately complying with any such request shall give us the right to suspend the Service without further notice being required. We may then, for example, decide to change, delist or not to publish information you have provided to us.
    7. We may recover from you any loss or damage sustained due to a breach of these Terms, the Guidelines, the applicable laws and regulation and any other agreements we have with you. You shall indemnify and hold us harmless against any and all third-party claims pertaining to loss and/or damages arising from your violation of these Terms, the Guidelines, the applicable laws and regulation and such agreements we have with you .

    7.     Intellectual Property Rights 

    1. All intellectual property rights in the Service and any materials developed and/or made available by or licensed to ScamAdviser in connection with the Services are owned by ScamAdviser or its licensors. We grant you a non-exclusive, non-transferable and non-sublicensable right of use with regard to the Service and materials provided under the agreement for a limited duration of the agreement.
    2. You acknowledge and agree that we may use any feedback, suggestions, or ideas that you provide in connection with the Service (through app stores or otherwise), without any obligation to compensate you or acknowledge your contribution. All information, including any feedback, suggestions, or ideas, submitted by you while using the Service will remain the property of you or your licensors. We will not make any proprietary claims with regard to any such information. Notwithstanding the foregoing, you provide us an unlimited, non-revocable, worldwide, perpetual, non-exclusive, transferable, and sublicensable right to use any information, feedback, suggestions, or ideas you have provided to us while making use of the Service, as necessary for provision and/or improvement of the Services.
    3. You warrant and represent that you are the rightful owner or rightful licensee of all intellectual property rights which forms part of, or is included in, the information supplied by you when using the Service and have the right to grant us the license described in the previous paragraph. You will not submit any information that infringes the rights of third parties. To the extent you knowingly or negligently provide infringing information, you will indemnify and hold us harmless from any related third party.
    4. You may not (1) decompile or reverse engineer the source code of the Website or the App, except to the extent permitted by mandatory law or applicable open source license; (2) supply copies of the Website or App to third parties; (3) sublicense the Website or App or to make the Website or the App available to third parties; (4) modify the Website or the App, except to the extent permitted by mandatory law; (5) remove or make unreadable any copyright notices included in the App or on the Website; and (6) use the Website to the App for any unlawful purpose or in any way that could harm us or any third-party. 


     8.    User’s Responsibilities

    1. You shall be solely responsible for the correct and lawful use of the Services and the subsequent use of any information you may acquire via the Services.
    2. Unless agreed otherwise, ScamAdviser has no obligation to develop, maintain, support, or assist you in realising any integrations between the Services and other software you use.
    3. ScamAdviser makes no representations regarding the quality and usability of data you may obtain via the Services. It shall be your responsibility to determine whether such data is fit and lawful for your intended use. 


    9.    Liability 

    1. For users in non-business capacity: Our liability for damages resulting from any breach of the agreement between us, whether in tort or otherwise, is capped at  five hundred euros per event. Any limitation of liability as included in the agreement shall lapse in cases of damage by death or personal injury, or where the loss or damage is the result of willful misconduct or gross negligence on the part of the liable party.
    2. For users for business purposes or act as a business professional:
      1. ScamAdviser’s liability for loss and/or damages resulting from a failure in the performance of the Agreement, an unlawful act or otherwise, is limited to the amount that you have paid under the last invoice immediately preceding the breach for the act giving rise to liability (exclusive of VAT) but will in any event not exceed the amount of two thousand euros on an annual basis.
      2. Any right to claim compensation is at all times subject to the condition that you notified ScamAdviser of the loss and/or damage in writing within no more than six months of discovery. Any limitation or exclusion of liability stipulated in this Agreement will not apply in the event that the loss and/or damage is attributable to willful misconduct or deliberate recklessness, death or bodily injury, or any other matter for which it is unlawful to limit or exclude liability. 

    10.   Changes 

    1. For users in a non-business capacity:
      1. We may amend these Terms and applicable Guidelines at any time and will announce changes or additions via our Service at least fourteen (14) days before the date they take effect.
      2. If you do not wish to accept any such changes or additions, you may terminate the agreement by requesting to remove your account or to otherwise stop making use of our Services. Use of our Services after the announced effective date will be regarded as acceptance of the proposed changes or additions.
    2. For users using the Services for business purposes or as a business professional: ScamAdviser may amend these Terms and Conditions at any time. ScamAdviser will announce changes to you in writing at least seven(7) days before they take effect. If you do not want to accept the proposed changes, you may give notice to terminate the Agreement against the date the changes become effective. Use of the Services after the effective date shall constitute your acceptance.


    11.     Other 

    1. ScamAdviser’s Privacy Policy, the Guidelines, and any attachments to these Terms shall form an integral part of these Terms, which shall constitute an agreement between ScamAdviser and you.
    2. These Terms and any dispute in connection with or rising from the Agreement shall exclusively be governed by Dutch law and will be submitted to the competent court in the Netherlands in the district where ScamAdviser has its registered office, unless ScamAdviser submits the dispute to a different competent court. This clause is without prejudice to your statutory rights as a consumer to rely on applicable consumer protection rules of the country of your residence and to bring proceedings before the courts of that country.
    3. In these Terms, the words "in writing" or “written” also refer to communication via email, provided that the identity and the integrity of the contents of the communication can be sufficiently established.
    4. ScamAdviser is authorised to transfer the Agreement and all its rights and obligations arising therefrom to a third-party that acquires the business operations to which the Agreement is subject without further approval or cooperation from you being required.

     APPENDIX A: DATA PROCESSING ADDENDUM 

     Article 1.       Applicability and Definitions 

    1.1        This data processing addendum (“Data Processing Addendum”) applies only when ScamAdviser (hereinafter: “Processor”) is engaged by you (hereinafter: “Controller”) to process personal data on your behalf. 

    1.2      This Data Processing Addendum forms an integral part of the Agreement. It sets out the obligations of Processor and Controller regarding the Processing of Personal Data in connection with the performance of the Services under the Agreement. 

    1.3      Within the context of this Data Processing Addendum, the terms "Data Subject", "Personal Data", "Processing" (including “Process” or “Processed”), and "Personal Data Breach" have the same meaning as set out in Article 4 of the GDPR. The foregoing also applies to other terms capitalised in this Data Processing Addendum and defined in the GDPR. 

    1.4      In this Data Processing Addendum, the following additional terms are used: 

    a)           “Data Protection Laws” means the laws and regulations of a country containing rules for the protection of individuals with regard to the Processing of Personal Data, such as – but not limited to – the GDPR, insofar as applicable to the Processing of Personal Data under the Agreement. 

    b)          “EEA” means the European Economic Area, consisting of the Member States of the European Union together with Iceland, Liechtenstein and Norway. 

    c)           “GDPR” means the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation), as amended, consolidated or replaced from time to time. 

    d)          “Sub-Processor” means a processor in the sense of paragraph 4 of Article 28 of the GDPR that Processor engages in carrying out specific Processing activities on behalf of Controller. 

     

    Article 2.      Subject Matter 

    2.1        The details of the Processing activities, in particular, the categories of Personal Data, categories of Data Subjects, and the purposes for which the Personal Data is Processed, are specified in the relevant datasheets attached as Appendix to this Data Processing Addendum. 

    2.2      Regarding Processing Personal Data by Processor within the scope of this Data Processing Addendum, Processor and Controller commit to fulfilling their corresponding obligations as set forth by applicable Data Protection Laws. 

    2.3      Processor shall Process Personal Data only on documented instructions from Controller pursuant the Agreement, unless required by Union or EU member state law to which Processor may be subject. In the latter case, Processor shall inform Controller of that legal requirement before Processing, unless the law prohibits this on important grounds of public interest. Subsequent instructions may also be given by Controller to Processor throughout the duration of the Processing of Personal Data. These instructions shall always be documented. Processor shall Process the Personal Data only for the specific purpose(s) and duration of the Processing, as set out in the Agreement, unless Processor receives further (to be documented) instructions from Controller. Such instructions may include configuration and specific use of the Services by Controller. 

    2.4      Processor shall immediately inform Controller if, in Processor’s opinion, instructions given by Controller infringe applicable Data Protection Laws. This opinion may not be construed as a legal advice from Processor. 

    2.5      Controller acknowledges that it is and will remain solely responsible for determining the purposes and the means of the Processing of Personal Data under this Data Processing Addendum and for approving the technical and organizational measures applicable to the protection of Personal Data as specified in the Agreement. 

     

    Article 3.     Use of Sub-Processors 

    3.1        Processor will not engage Sub-Processors to Process Personal Data without the prior written specific or general authorisation of Controller. Processor shall remain fully responsible to Controller for the performance of the Sub-Processor’s obligations in accordance with its contract with Processor. 

    3.2      Controller hereby agrees and gives Processor authorisation to have Personal Data Processed by (a) any of Processor’s affiliates that are established in and/or outside the EEA, and (b) the Sub-Processors that are indicated in the Agreement. Notwithstanding the foregoing, and as required by applicable Data Protection Laws, Processor will notify Controller of any intended changes concerning the addition or replacement of any Sub-Processor within a reasonable time before implementing such change. This advance notice allows Controller to assess and, if desired, to object to such change. Upon request, Processor will provide Controller with the necessary information to exercise its right to object. If Controller objects, Processor will endeavour to offer alternate options for the delivery of the respective Services that do not involve the new Sub-Processor(s) without prejudice to any of Controller’s termination rights. 

    3.3      Where Processor engages Sub-Processors, it will impose on these Sub-Processors the same obligations, in substance, with respect to the Processing of Personal Data as to which Processor is bound by this Data Processing Addendum. Processor shall ensure that the Sub-Processor complies with the obligations to which Processor is subject pursuant to this Data Processing Addendum and the GDPR. 

     Article 4.     International Transfers 

    4.1        Any transfer of Personal Data by Processor to a third country or an international organisation shall be done only (i) based on documented instructions from Controller, or (ii) in order to fulfil a specific requirement under Union or EU Member State law to which Processor is subject and shall take place in compliance with chapter V of the GDPR. 

    4.2      Controller agrees that where Processor engages a Sub-Processor for carrying out specific Processing activities on behalf of Controller, and such Processing activities involve a transfer of Personal Data within the meaning of Chapter V of the GDPR; Processor and Sub-Processor shall ensure compliance with Chapter V of the GDPR. Such compliance may be achieved through any lawful transfer mechanism under the GDPR, including but not limited to adequacy decisions, or by using standard contractual clauses adopted by the European Commission in accordance with Article 46(2) of the GDPR, provided the conditions for the use of those standard contractual clauses are met. 

     

    Article 5.     Security and Confidentiality 

    5.1        Processor shall take appropriate technical and organisational measures against loss or any form of unlawful Processing (such as unauthorised inspection, interference, alteration or disclosure of Personal Data) in connection with the Processing of Personal Data under the Agreement. 

    5.2      Processor shall grant access to the Personal Data undergoing Processing to members of its personnel only to the extent strictly necessary for the performance of the Agreement. Processor shall ensure that persons authorised to Process the Personal Data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality. 

    5.3      In the event of a Personal Data Breach affecting Personal Data, Processor will, without undue delay, (a) inform Controller of the Personal Data Breach; (b) investigate and provide Controller as soon as reasonably possible with available detailed information about the Personal Data Breach; and (c) take reasonable steps to mitigate the effects and minimise any damage resulting from the Personal Data Breach as required by applicable Data Protection Laws. Processor shall reasonably cooperate with Controller in any post Personal Data Breach communication efforts. 

     

    Article 6.      Assistance 

    6.1        Processor shall notify Controller without undue delay of any request it has received from a Data Subject with regard to the Data Subject’s rights under applicable Data Protection Laws. Processor shall not handle the request unless authorised by Controller or if Processor is required thereto by applicable law. Processor shall assist Controller in fulfilling its obligations to respond to Data Subject requests, taking into account the nature of the Processing and shall follow Controller’s instructions. 

    6.2       Taking into account the nature of the Processing and information available to Processor, Processor shall assist Controller in ensuring its compliance with the following obligations, insofar applicable: 

    a.)         the obligation to carry out an assessment of the impact of the envisaged Processing operations on the protection of Personal Data (a ‘data protection impact assessment’) where a type of Processing is likely to result in a high risk to the rights and freedoms of natural persons; 

    b.)         the obligation to consult the competent supervisory authority/ies prior to Processing where a data protection impact assessment indicates that the Processing would result in a high risk in the absence of measures taken by Controller to mitigate the risk; 

    c.)         the obligation to ensure that Personal Data is accurate and up to date, by informing Controller without delay if Processor becomes aware that the Personal Data it is Processing is inaccurate or has become outdated; 

    d.)         the obligations set forth in Article 32 of the GDPR. 

    6.3       Should Processor determine in good faith that the request for assistance falling in the scope of this article is unreasonable, overly burdensome, or outside of industry expectation for assistance with each respective matter, Processor and Controller agree to discuss in good faith a fee to be charged to Controller for the assistance to be or as provided outside of the reasonable expected level of assistance. 

     

    Article 7.       Audit 

    7.1        Controller has - at reasonable intervals or if there are indications of non-compliance - the right to audit through a certified internal auditor or an external auditor (i.e. an independent certified auditor that could not reasonably be considered a competitor of Processor), Processor’s compliance with its obligations under this Data Processing Addendum. Processor has the right to require the respective auditors to agree to a non-disclosure agreement prior to the audit being initiated. 

    7.2 Auditors will only be given access during Processor’s regular business hours, and Controller is required to inform Processor in advance of any such audit, where such notification is reasonably possible. During the audit, Controller must ensure minimal disruption to Processor’s business operation. Processor shall provide the auditor with reasonable assistance, as requested. 

    7.3 After conducting an audit, Controller will either request its external auditors to send a preliminary version of the audit report to Processor or do so themselves. After a definitive audit report is issued, the parties will convene to review it and discuss the approach for addressing any findings. 

     

    Article 8.       Termination 

    8.1        Following termination of the Agreement and/or the underlying Processing activities of Processor, Processor shall, at the choice of Controller, delete all Personal Data, and, at the request of Controller, certify to Controller that it has done so, or return all Personal Data to Controller and delete existing copies, unless Union or EU member state law requires storage of the Personal Data. 

    8.2      Processor is granted the authorisation to delete the Personal Data if, following the termination of the Agreement and/or the underlying Processing activities, Controller has not issued any instructions to Processor to either delete or return the Personal Data within a period of thirty (30) days. Until the Personal Data is deleted or returned, Processor shall continue to ensure compliance with this Data Processing Addendum. 

     

    Article 9.       Miscellaneous 

    9.1      This Data Processing Addendum is governed by the law that governs the Agreement. Each party irrevocably agrees that all disputes which may arise out of or in connection with the Data Processing Addendum shall be resolved by the courts indicated in the Agreement. 

    9.2     Processor may modify the terms of this Data Processing Addendum in accordance with terms of the Agreement, and in addition in the following circumstances, (i) if required to do so by a supervisory authority or other government or regulatory entity, (ii) if necessary to comply with Data Protection Laws, or (iii) to implement or adhere to standard contractual clauses, approved codes of conduct or certifications, or other compliance mechanisms, which may be permitted under Data Protection Laws. Processor will provide notice of changes to this Data Processing Addendum to Controller, and the modified Data Processing Addendum will become effective, in accordance with the terms of the Agreement. 

     

    DATASHEET: CHECKMYLINK SERVICE  

    This datasheet describes the processing activities with respect to the CheckMyLink Service:

    1.     Categories of Data Subjects: website visitors 

    2.     Categories of Personal Data: IP address 

    3.     Processing Purposes: to be able to provide the web visitor with the functionalities of the white-label website 

    4.     Processing Duration: IP addresses are processed for the duration of the web session of the specific website visitors 

    5.     Sub-Processors: the service is hosted by Digital Ocean in the Netherlands. 

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    For Publishers

    We greatly appreciate that you are sharing your knowledge and experience. The following Content Guidelines apply to make your experience and those of others better. 

    • You own your Content: You are the owner of the Content you publish. You can edit and remove them on your profile page. This also means that you are legally responsible for all the Content you post. If a Reviewed Website disagrees with Content you posted, it will be able to contact you via our system to discuss the content.
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    Only if in your opinion the Content violates the Content Guidelines and after you have contacted the Publisher and you cannot come to a solution, you can start a Notice and Take Down procedure.