Article 1. Definitions
The following definitions are written with a first capital letter and have the following meaning:
1. Account details The personal details provided by the client for the purposes of placing spots or receiving a Alert and in doing so generating an account, which in any event includes: name and address details, email addresses, phone number and license plate.
2. GDPR The General Data Protection Regulation. Where a reference is made in the Agreement and/or the Terms and Conditions to provisions from the GDPR, this refers to the corresponding provisions from the Personal Data Protection Act.
3. Sign up form Form Electronic document ("shopping cart") that is made available on the Website and/or is integrated in the user panel which includes a further description of the Service or the Product and/or whereby the client makes an offer for the delivery of a Service or Product.
4. Client Any natural person or legal entity with whom/which Autogespot has or entered into an Agreement or intends to do so.
Article 2. Applicability
1. The Terms and Conditions apply to all Agreements and all legal (acts) between Autogespot and the client, also when those (legal) acts do not result in or are not related to an Agreement.
2. If any provision of these Terms and Conditions are cancelled or nullified, this does not affect the validity of the other provisions.
3. Autogespot is authorized to change these Terms and Conditions at all times. By notifying these changes to the client, the new Terms and Conditions take the place of the Terms and Conditions. Changes are notified in writing by email.
4. Autogespot ensures that the Terms and Conditions are made available before or upon concluding the Agreement to the client. The Terms and Conditions can be consulted on the Website before completing the sign up form.
Article 3. Communication
1. Each communication between Autogespot and the client is done by email except insofar as this is deviated from in the Terms and Conditions and/or the Agreement. The version saved by Autogespot with regard to the communications is proof thereof, except proven otherwise by the client.
2. If an Agreement is entered into with an underage client, Autogespot may assume that the client is acting with the permission of his legal guardian, insofar it doesn't involve a legal act which is considered usual for under age persons of his age to perform independently in light of generally prevailing opinions.
Article 5. Concluding the sign up
1. The sign up is concluded once the following conditions have been complied with:
The Client has completed the sign up form and notified it to Autogespot;
2. The Client has confirmed on the sign up form to have received the Terms and Conditions, to be aware of and accept the content of the Terms and Conditions; and
3. Autogespot has received and accepted the sign up form. Autogespot retains the right not to accept an sign up form.
4. The Agreement is entered into for a unlimited period unless otherwise is agreed in writing or by email.
Article 6. Intellectual Property rights
1. All that published on the website of Autogespot forms part of Autogespot’s intellectual property right. Nothing may be multiplied, saved or made public without the written prior permission of Autogespot.
2. The Intellectual Property rights on all Products and Services Autogespot makes available as part of the Agreement will continue to be held by Autogespot or by a third party from which Autogespot obtained the right to make (part of) these Products and/or Services available to the Client.
3. By sending a picture to Autogespot, the visitor gives Autogespot the permission to use the footage rights free. By sending one or more pictures to Autogespot, the visitor gives Autogespot the protection for the damage caused by the picture to third parties.
4. By sending spot data to Autogespot, the visitor gives Autogespot the permission to use this spot data rights free. By sending spot data to Autogespot, the visitors gives Autogespot the protection for the damage caused by the spot data to third parties.
5. Links on this website to a website of a third party is not Autogespot's responsibility. Autogespot is not responsible for the content of these third party websites. The provision of third party website is seen by Autogespot as a service, not as a requirement.
Article 7. Privacy
1. It is possible that Autogespot processes personal data within the meaning of Article 4 (1) of the General Data Protection Act for the client during the performance of the Agreement. Autogespot is in that case is regarded as a processor within the meaning of Article 4 (8) of the GDPR. The client is regarded as a party responsible for processing within the meaning of Article 4 (7) of the GDPR.
2. Autogespot will not process the personal data for any other purpose other than those agreed in the Agreement. The Client will inform the Autogespot in writing of the processing purposes insofar as these have not already been listed in the Agreement. Autogespot is only responsible for the processing of the Personal data under this Agreement in accordance with the instructions of the Client and subject to the explicit (ultimate) responsibility of the Client. Autogespot is not responsible for other processing of personal data, including, but not limited to, the collection of personal data by the client, processing for purposes not reported by the client to Autogespot, processing by third parties and/or for other purposes. The Client is solely responsible for this processing.
3. The Client guarantees that the content, the use and the assignment for the processing of personal data within the meaning of the Agreement is not unlawful and does not violate any right of third parties.
4. With regard to the processing referred to in Article 7.1, Autogespot will ensure that the Terms and Conditions are complied with that are made on the basis of the GDPR to the processing of personal data by Autogespot as processor.
5. Autogespot will inform the Client on its request thereto and within a reasonable period about the measures it has taken with regard to its obligations under articles 7 and 8.
6. The Client is responsible for the compliance with the measures agreed by the Parties with regard to the processing of the personal data as detailed in Articles 7 and 8.
7. The obligations of Autogespot resulting from Articles 7 and 8 also apply to those that process that personal data under the authority of Autogespot.
8.The processing of personal data by Autogespot will never involve the databases of Autogespot being enriched by the data obtained from the data sets of the client unless it involves the data in an aggregated and non-traceable form. In that case Autogespot is permitted to use this data for its own other purposes.
9. Autogespot can process the personal data in countries inside the European Union. The client also gives Autogespot permission for the processing of personal data in countries outside the European Union provided the requirements with regard to the forwarding to third countries, as stated in the GDPR, has been complied with.
10. The client gives Autogespot permission to use a subcontractor for the processing of personal data in the framework of the Agreement, with due observance of the applicable privacy legislation. Autogespot will always inform the client, if requested, of the subcontractors engaged by Autogespot for the performance of the Agreement. Autogespot will inform the client when a change is going to take place at the subcontractors whose services Autogespot engages. The client then has the right to file a written and substantiation object against the relevant change within two weeks of Autogespot's notification. If the client fails to object to the change within this period, the client expresses its permission for the change. Permission will not be refused on unreasonable grounds.
11. If a person involved sends Autogespot a request to exercise his/her legal right, then Autogespot will forward the request to the client and will inform person involved thereof. The client will then deal with the request independently.
12. If the Agreement ends on request Autogespot will immediately destroy the personal data (7.1) it had received, unless the Parties agree otherwise or if it not permitted due to a legal obligation.
Article 8. Security and audits
1.This article covers the processing referred to in Article 7.1.
2. Autogespot endeavors to take suitable technical and organizational measures to secure the personal data against loss or against any form of unlawful use by third parties.
3. Autogespot has taken the following security measures:
- use is made of hashing in the storage and processing of passwords;
- organizational measures for access security;
- keeping the Systems up-to-date;
- a ban for employees of Autogespot to process the data of the Client on their own devices;
security of network connections via Secure Socket Layer/Secure Shell (SSL/SSH) technology.
4.The Client will only provide personal data to Autogespot for processing if it has ensured that the required security measures have been taken.
5. In the event of a data leak, i.e. a violation of the security that inadvertently or unlawfully leads to the destruction, loss, change or the unlawful providing of the unauthorized access to the forward, stored or otherwise processed data within the meaning of Article 4 (12) of the GDPR, Autogespot will do its utmost to inform the Client about it immediately on the basis of which the Client determines whether he will inform the supervisory authorities and/or the persons involved. The notification obligation only applies if the leak has indeed taken place.
6. The Client will ensure that any (legal) notification obligations are complied with. If so required by law and/or regulations Autogespot will cooperate with the informing of the relevant authorities and any persons involved.
7. The Client has the right to have an audit performed by an independent ICT expert who must maintain confidentiality, to inspect the compliance with all the points from Article 7 and 8. This audit only takes place after the Client has requested Autogespot whether similar audit reports are present and if this is the case, has requested and assessed the similar audit reports present at Autogespot and introduces reasonable arguments that still justify the audit initiated by the Client. Such an audit is justified when the similar audit reports already present at Autogespot do not provide (sufficient) information on whether Autogespot complies with Articles 7 and 8. The audit initiated by the Client takes place two weeks after prior notification by the Client and will take place no more than once a year.
8. Autogespot will cooperate with the audit and provide all the information reasonably required for the audit, including supporting data such as system logs and employees as soon as possible and within a reasonable period, whereby a period of no more than two weeks is deemed reasonable unless this is not possible due to an emergency interest. The Client will ensure that the audit affects Autogespot's other business operations as little as possible
9. The findings of the performed audit will be discussed by the Parties in consultation, after which they will either be introduced or not by one of the Parties or by both Parties jointly.
10. The reasonable costs for the audit are paid by the Client in the understanding that the costs for the hiring of independent ICT-expert and the costs Autogespot incurs for the cooperation to the audit will always be paid by the Client.
Article 9. Use of personal details of the Client
1. The Client agrees that his personal details which he makes available to Autogespot, with due observance of the applicable legal regulations, are processed for market research and direct marketing purposes for the Services of Autogespot, even if these Services do not form part of an Agreement. If the Client objects to the processing of his personal details or wishes to withdraw permission given earlier, then the Client must inform Autogespot of this in writing or by email. Autogespot will then delete all information from the database.
2. The Client can view the personal data Autogespot has collected on him on request by e-mail at email@example.com and have it corrected. The Client has the right to ask Autogespot to remove or screen off any relevant data of the Client, unless this is not permitted due to a legal obligation. Autogespot will decide on this request within four weeks after having weighed the interest involved of Autogespot and the privacy interest of the Client and will, in the event of a decision for screen or removal, inform the Client to which extent the use the Client makes of Products and/or Services will be limited or hindered.
3. The Client is aware that Autogespot processes the personal data of the Client including the data on the activities of the Client on the Website, such as the pages visited, the time spent on the various parts of the Website, the internet address of the website the Client comes from and the Products or Services ordered by the Client. Autogespot will save this data in a data base that is used for the performance of the Agreement, including measures to improve the services provided to the Client and the making available of information or offers to the Client.
4. The Client can always request to see the data saved about him in Autogespot's database. This data can be accessed, free of charge, on request at firstname.lastname@example.org. If the Client wishes a written overview, then Autogespot will provide this overview to the Client within four weeks. Autogespot can charge a fee for this.
5.Autogespot will not make the personal data of the Client available to third parties, except:
- for invoicing and debt collection activities;
- if Autogespot is obliged to do so by law;
- the Client gives his explicit permission to provide the personal data;
- in the event of urgent and substantive reasons insofar as these do not disproportionately harm the personal life of the Client;
- if the making available of information to third parties is logically necessary in light of the assignment provided and the performance of the Agreement.
Article 10. Confidentiality
1. Both the Client and Autogespot must keep confidential any confidential information and correspondence they exchange and to not make them available to third parties. This confidentiality obligation does not apply insofar as the Customer has given its explicit permission to provide the information to third parties, if the providing of the information to third parties is logically necessary in light of the nature of the assignment given and the performance of this Agreement, or if a legal requirement exists to provide the information to a third party.
Article 11. Autogespot Tours
Autogespot is not responsible for any damage occured during a trip organised by Autogespot. Also, any factory visits aren't guaranteed as we have to relay on the availability given us by the brands we are visiting. No reclaims can be made when this occurs.
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