ScamAdviser Terms and Conditions

Table of Contents

If you use our services (including our website and mobile applications) as a private individual and not for business purposes, the Terms of Use outlined in Section 1 apply.??

If you use our services for business purposes or as a business professional, please refer to the Terms and Conditions for Business Services provided below in Section 2.?

• Section 1 - Terms of Use (PDF download)?
• Section 2 - Terms and Conditions for Business Services (PDF download)?

?

ScamAdviser Terms of Use

1.? ? ?Terms of Use?

a)? ? ? These terms of use (“Terms of Use”) apply to your use of our website(s), mobile applications and any other services (“Service”) provided by ScamAdviser to you.?

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

c)? ? ? 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.?

d)? ? ? 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?

a)? ? ? Unless agreed otherwise, our Services are provided free of charge and on an “as-is” basis. Available features may change from time to time without notice being required.?

b)? ? ? We endeavour to ensure continuous availability of the Services but do not warrant uninterrupted availability.?

c)? ? ? We may terminate or suspend the Services provided to you at any time and without notice or explanation.?

d)? ? ? If our Services consist of providing mobile applications ("Apps"), the following applies in addition to any other relevant provisions.?

e)? ? ? Our Apps are distributed through third-party app stores. These Terms of Use 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.?

f)? ? ? 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 your license at any time, with or without cause, at our sole discretion.?

g)? ? ? You may not (a) decompile or reverse engineer the source code of the App, except to the extent permitted by mandatory law or applicable open source license; (b) supply copies of the App to third parties; (c) sublicense the App or to make the App available to third parties; (d) modify the App, except to the extent permitted by mandatory law; (e) remove or make unreadable any copyright notices included in the App; (f) use the App for any unlawful purpose or in any way that could harm us or any third-party.?

h)? ? ? 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 of Use, be subject to such terms and conditions.?

i)? ? ? The app 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 of Use limits your rights under or grants you rights that supersede the terms and conditions of any applicable open-source license. If the App contains open-source software and when required, the applicable open-source licenses are mentioned in the App or the documentation provided along with the App. 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.?

j)? ? ? We may, from time to time, provide updates or upgrades to 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 App at any time, without notice or liability to you.?

k)? ? ? 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.?

l)? ? ? 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.?

m)? ? ? 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.?

n)? ? ? Any warranties provided by us under these Terms of Use are only provided by us (ScamAdviser) and not by the third-party app store the App is distributed by.?

?

3.? ? ?Privacy?

a)? ? ? While delivering our Services, we collect and process specific personal information as outlined in ScamAdviser's Privacy Policy which can be found at www.dvds123.com and/or as referenced within the respective Service.?

?

4.? ? ?Registration?

a)? ? ? To be able to make full use of our Services, you may be required to 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.?

b)? ? ? 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 is only for your own use.?

c)? ? ? 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.??

d)? ? ? 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.?

e)? ? ? 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.?

?

5.? ? ?General Rules?

a)? ? ? While using our Service, you must comply with the rules 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.?

b)? ? ? While making use of our Services, you are not permitted to:?

?

? ? ? ? ? ? ? ? ? ? ? i.? ? ? violate applicable laws and regulations or any Guidelines issued by ScamAdviser;?

? ? ? ? ? ? ? ? ? ? ? ii.? ? ? distribute information which is unlawful, libelous, racist, deceptive, misleading, fraudulent, threatening, abusive, harassing, tortious, obscene, pornographic or profane;?

? ? ? ? ? ? ? ? ? ? ? iii.? ? ?use indecent language;?

? ? ? ? ? ? ? ? ? ? ? iv.? ? ?submit off-topic reviews or experiences;?

? ? ? ? ? ? ? ? ? ? ? v.? ? ? submit information that is not based on the truth or experiences that are not genuine;?

? ? ? ? ? ? ? ? ? ? ? vi.? ? violates other people's rights, including any intellectual property rights;?

? ? ? ? ? ? ? ? ? ? ? vii.? ?submit information on behalf of someone else or pretend to be someone else in your published information;?

? ? ? ? ? ? ? ? ? ? ? viii.? make commercial statements in your review, including naming competitors of the party to which the review relates.?

?

c)? ? ? 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.?

d)? ? ? 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).?

e)? ? ? We may recover from you any loss or damage sustained due to 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.?

?

6.? ? ?Intellectual Property Rights?

a)? ? ? 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.?

b)? ? ? 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.?

c)? ? ? 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.?

d)? ? ? 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 using the Service and have the right to grant us the license described in the previous paragraph. You will indemnify and hold us harmless from any claims from third-parties in relation to or arising from intellectual property rights vested in such information.?

?

7.? ? ?Changes?

a)??????????? 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.?

b)?????????? 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.?

?

8.? ? ?Other?

a)??????????? Our agreement is governed by Dutch law. Any dispute arising from or in connection with the agreement will be submitted to the competent court in the Netherlands in the district where we have our registered office.?

b)?????????? Our liability for damages resulting from any breach of the agreement between us, whether in tort or otherwise, is capped at seventy-five euros per event. Any limitation of liability as included in the agreement shall lapse if and insofar as there is damage by death or personal injury or the damage is the result of intent or deliberate recklessness on the part of the liable party.?

?

-------------

?

ScamAdviser Terms and Conditions for Business Services

Article 1.? ? ? ?Applicability?

1.1.????????????? These terms and conditions (“Terms and Conditions”) apply to any data, products, tools, software, application, 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, organisation or company that concluded an agreement with ScamAdviser with respect to 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 you use are expressively rejected. Your reference 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 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.?

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 or any other form of unauthorised 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 realising any integrations between the Services and other software you use.?

4.3??????? 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.?

?

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 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.?

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 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 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 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. 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.?

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 capitalised 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 as 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 Processor engages in 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 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.?

13.3????? 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.?

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 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.?

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 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.?

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 organisation shall be done only based on 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. Those Processing activities involve a transfer of Personal Data within the meaning of Chapter V of the GDPR; Processor and Sub-Processor can ensure compliance with Chapter V of the GDPR 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 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 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.?

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 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 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 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.?

17.2?????? 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.?

17.3?????? 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 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 being 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 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 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 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 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 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 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.?

?