Terms and Conditions for ScamAdviser.com Visitors

For Terms & Conditions for Users of ScamAdviser Business Services, please see below. You can download the terms as PDF as well.

  1. Terms of Use
    1. These terms of use (“Terms of Use”) apply to your use of the website www.scamadviser.com, including subdomains and other top-level-domains, and any other channels or services Scamadviser (“Scamadviser”) provides you access to (“Service”).
    2. In these Terms of Use, the words “we”, “us” and “ours” refer to Scamadviser and the words “user”, “you” and “your” refer to anyone using our Service in a non-business capacity.
    3. Scamadviser is an initiative of the company Ecommerce Operations B.V. a company incorporated and registered in The Netherlands with the company number 66717809.
    4. In addition to these Terms of Use, 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 the Terms of Use, the contents of the Guideline shall prevail.
  2. Services
    1. Unless agreed otherwise, our Services are provided free of charge and on a “as-is” basis. Available features may change from time to time without notice being required.
    2. We endeavor to ensure continuous availability of the Services, but do not warrant uninterrupted availability.
    3. We may at any time and without notice or explanation being required terminate or suspend Services that are provided to you.
  3. Registration
    1. To be able to make full use of our Services, you must register for an account. 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 older. Accounts are personal and may not be shared or transferred to other people. You are only allowed to create one account which must be for your own use.
    3. When you are asked to choose a user name, please note that the user name will be displayed and visible to other people using our Service. For example, your user name may be displayed online when you submit information (e.g. reviews, comments, reports) for the purpose of publishing in on our website or other channels. 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.
    4. You must keep your login credentials, user name 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.
  4. General rules
    1. While making use of our Service, you must comply with the rule set out in the Terms of Use. Additionally, as mentioned above, certain Guidelines may also apply. If you use Services in violation of the agreement, we may take action in the manner described therein.
    2. 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 are 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.
    3. 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.
    4. If we determine that you have violated the agreement or applicable laws and regulations or receive a complaint from a third party of the same, we may take measures to end such violation. These measures may, without limitation, include the suspension or termination of the Services (e.g. blocking access to account or removing information you submitted to us).
    5. We may recover from you any loss or damage sustained as a result of a breach of the agreement 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 the agreement, these Terms of Use and any applicable Guidelines.
  5. Intellectual Property Rights
    1. All intellectual property rights vested in the Service and other materials developed and/or made available by us belong to 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. All information 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 you have provided to us while making use of the Service.
    3. You warrant and represent that you are the rightful owner or rightful licensee of all intellectual property rights vested in the information supplied by you making use of the Service and have the right to grant us the license described in the previous paragraph. You will indemnify and will hold us harmless from any claims from third parties in relation to or arising from intellectual property rights vested in such information.
  6. Changes
    1. We may amend these Terms of Use 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.
  7. Other
    1. The agreement between us is governed by Dutch law. Any dispute between us in connection with or rising from the agreement will be submitted to the competent court in the Netherlands in the district where we have our registered office.
    2. Our liability for damages as resulting from any breach of the agreement between us, whether in tort or otherwise, is per event capped at seventy-five euros. Any limitation of liability as included in the agreement shall lapse if and insofar as the if there is damage by death or personally injury or the damage is the result of intent or deliberate recklessness on the part of the liable party.

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Terms and Conditions for ScamAdviser Business Services

Article 1 Applicability

1.1 These terms and conditions (“Terms and Conditions”) apply to any data, products, tools, software, websites, or any services of any other kind (hereinafter: “Services”) owned, operated, or otherwise provided by Scamadviser (“Scamadviser”) to you.

1.2 Scamadviser is a tradename of Ecommerce Operations B.V., a company incorporated and registered in The Netherlands with company number 66717809. In these Terms and Conditions, “you”/”your”/”yours” refers to the individual, organization or company that concluded an agreement with Scamadviser in respect of the Services.

1.3 Terms that deviate from these Terms and Conditions 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 used by you are expressively rejected. Reference by you to the applicability of your own general terms and conditions shall have no legal effect.

Article 2 Conclusion and Performance of the Agreement

2.1 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 not formally accept a proposal from Scamadviser, but nevertheless create such impression (e.g. by having Scamadviser carry out certain work), the proposal will be deemed to have been accepted in full.

2.2 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.

Article 3 Access


3.1 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.

3.2 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 and any other form of unauthorized use.

Article 4 Responsibilities

4.1 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.

4.2 Unless agreed otherwise, Scamadviser has no obligation to develop, maintain, support, or assist you in realizing any integrations between the Services and other software you use.

4.3 Scamadviser makes no representations in respect of 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 the purposes you intend to use it for.

Article 5 Restrictions

5.1 You shall not use the Services in a manner that violates these Terms and Conditions or 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.

5.2 You shall not access, store, distribute or transmit any information during the course of your use of the Services that (i) violates applicable laws and regulations or any guidelines issued by Scamadviser; (ii) is libelous, defamatory, insulting, racist or discriminating, or incites hate; (iii) infringes third-party rights, in any case including but not limited to intellectual property rights; (iv) violates the privacy of third parties, in any case including but not limited to distributing third-party personal data without a valid legal basis; or (v) is otherwise illegal.

5.3 If Scamadviser takes notice of any use of the Service that violates these Terms and Conditions, Scamadviser shall have the right to take measures to stop the (suspected) unlawful or unauthorized use and shall not be liable for any damage resulting from measures taken. Scamadviser may recover from you any loss or damage sustained as a result of your breach of the Terms and Conditions. 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 and Conditions.

Article 6 Availability and maintenance

6.1 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. Scamadviser does not warrant uninterrupted availability of the Services.

6.2 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.

Article 7 Fees and payment

7.1 Fees payable for the Services, if any, are specified in the Agreement. All prices quoted by Scamadviser are in euros, unless mentioned otherwise, and are exclusive of VAT and other government taxes and duties.

7.2 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.

7.3 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.

Article 8 Liability

8.1 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.

8.2 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.

Article 9 Amendments

9.1 Scamadviser may amend these Terms and Conditions at any time. Scamadviser will announce changes to you in writing at least seven 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.

Article 10 Term and termination

10.1 Unless otherwise stipulated otherwise, Services will be provided for an indefinite term. 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 that are provided for a specified term or minimum term cannot be terminated by you in the interim. Section 7:408 paragraph 1 and 2 of the Dutch Civil Code do not apply.

10.2 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 that are provided free of charge may be terminated by either party in writing at any time without notice to the other party being required.

Article 11 Miscellaneous

11.1 Any Agreement between Scamadviser and you shall exclusively be governed by Dutch law. Any dispute in connection with or rising from the Agreement 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.

11.2 In these Terms and Conditions, 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.

11.3 Scamadviser is authorized 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 12 Applicability and Definitions

12.1 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.

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

12.3 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 that are capitalized in this Data Processing Addendum and defined in the GDPR.

12.4 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 applicable to the Processing of Personal Data under the Agreement.

b) “EEA” means the European Economic Area, encompassing countries that have signed the ‘Agreement on the European Economic Area’.

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 is engaged by Processor for carrying out specific Processing activities on behalf of Controller.

Article 13 Subject matter

13.1 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.

13.2 Regarding the Processing of 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.

13.3 Processor shall Process Personal Data only on documented instructions from Controller pursuant the Agreement, unless required to do so 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.

13.4 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.
13.5 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 14 Use of Sub-Processors

14.1 Processor will not engage Sub-Processors to Process Personal Data without the prior written specific or general authorization 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.

14.2 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 endeavor 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.

14.3 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 15 International Transfers

15.1 Any transfer of Personal Data by Processor to a third country or an international organization shall be done only on the basis of documented instructions from Controller or 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.

15.2 Controller agrees that where Processor engages a Sub-Processor for carrying out specific Processing activities on behalf of Controller and those Processing activities involve a transfer of Personal Data within the meaning of chapter V of the GDPR, Processor and the Sub-Processor can ensure compliance with chapter V of the GDPR by using standard contractual clauses adopted by the European Commission in accordance with of Article 46(2) of the GDPR, provided the conditions for the use of those standard contractual clauses are met.

Article 16 Security and Confidentiality

16.1 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.

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

16.3 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 minimize 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 17 Assistance

17.1 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 itself, unless authorized to do so 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 in doing so.

17.2 Taking into account the nature of the Processing and information available to Processor, Processor shall assist Controller to ensure 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.

17.3 Should Processor determine in good faith that the request for assistance falling in 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 18 Audit

18.1 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 is initiated.

18.2 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 to cause minimal disruption to Processor’s business operation. Processor shall provide the auditor with reasonable assistance, as requested.

18.3 After conducting an audit, Controller will either itself or request its external auditors to send a preliminary version of the audit report to Processor. After issuance of a definitive audit report, the parties will convene to review the report and discuss the approach for addressing any findings therein.

Article 19 Termination

19.1 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.

19.2 Processor is granted the authorization 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 20 Miscellaneous

20.1 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.

20.2 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 described the processing activities in respect of 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.