- General
As of 1 January 2018, these participant terms and conditions (the “Participant Terms”) apply to every participant of JoinData (whether via your computer or via mobile device or any other software application), to all services offered by JoinData. The participant is referred to in these terms and conditions as “you”, “your” or
“participant”.
By using JoinData’s platform, you agree to these Participant Terms and Conditions. JoinData advises everyone who uses the platform or one of these services to read these Participant Terms in advance. JoinData may change these Participant Terms. We will make reasonable efforts to notify you of any changes and give you a chance to review the changes before they take effect. If you continue to use our services, you agree to the amended terms and conditions.
- About our services
The JoinData platform is an infrastructure used by companies that generate data about your business operations, for example through the sale or rental of equipment that you use for your business operations. This company then supplies the data via the equipment to companies that process this data with an application. Your data is then offered together with the application as a new service to participants of JoinData, in order to enable a participant to optimize his business operations. In short, the platform brings data suppliers and application suppliers together. As a participant, you have the final say via the authorization register: you decide which data and for what purpose is provided to application suppliers.
- Account Information
To access the services, you need to create an account. You must create an account with correct and complete information. You are responsible for maintaining the confidentiality of your account information, password, and other security codes to prevent unauthorized access to your account. You must take all necessary steps to secure your password and other security codes and keep them confidential. You are responsible for all activities that occur under your account. We will never ask you to share your password or other personal security code with us or any third party.
- Misuse of JoinData’s services
You agree to use the Services only for lawful purposes and in accordance with the law. If we receive instructions and/or complaints from other participants or other parties involved (data suppliers/application suppliers) or for other reasons believe that you are not acting in accordance with the law and/or the Participant Terms, we may take the following measures for security reasons and to protect other participants. JoinData can also take these measures if you make unreasonable use of the platform, for example if your use hinders other participants or disrupts the proper functioning of the platform:
- JoinData may exclude you from JoinData’s services or restrict certain functionalities for you. You can think of suspending your account, for example.
- JoinData can delete your data without refund of the amount you paid.
- This is what we offer
We are committed to providing a user-friendly and trouble-free platform. However, we cannot guarantee that the Platform Service will be error-free and will function without interruptions. We aim for our services to be 99.5% available per month outside of maintenance. However, it is possible that this is not the case, for example due to malfunctions. We guarantee that in the event of errors, disruptions, complaints and/or questions during office hours (Mon-Fri 9 a.m. to 5 p.m.) we will solve your problem as soon as possible or at least inform you within the foreseeable future about the expected resolution times. We prefer to plan maintenance outside regular office hours, so that you experience as little inconvenience as possible.
We are committed to providing you with a safe environment. To this end, we take reasonable organizational and technical security measures. We do not guarantee that information security is effective in all circumstances. As far as the security of communication is concerned, you also have a responsibility yourself. To prevent something from going wrong with communication, you use communication tools safely and carefully. This means, for example, that you protect your computer or other equipment as well as possible against viruses, malicious software (malware, spyware) and other abuse.
- Research for the improvement of services
JoinData can periodically conduct research to improve or expand its services. To improve the service, JoinData may send out surveys or research questions asking customers to participate. Of course, this is done on a completely voluntary basis and there is always the possibility to unsubscribe from studies and surveys.
- Limitation of liability JoinData
We exclude, to the extent permitted by law, liability for any damage suffered by a participant as a result of:
- using JoinData’s services;
- incorrect information from data suppliers;
- services provided by application suppliers; or
- changes to JoinData’s services or changes in or on the platform.
If we are liable for whatever reason, our liability is limited to a maximum of the total compensation that you as
a participant have paid to JoinData during the 12 months prior to the action that caused the liability. The foregoing
limitation of liability is extended if JoinData can successfully claim compensation for the damage under its
insurance and if the insurer reimburses JoinData’s damages. In such cases, the liability of JoinData is limited to
the amount that the insurer has actually paid to JoinData.
- Changes to the Services
JoinData may change the platform or parts thereof at any time. We may also change or terminate our services at any time. We will use all reasonable efforts within our reasonable power to give notice of any such change or termination within a reasonable period of time before it is implemented.
- Application Vendor Services
Bringing together data suppliers and application suppliers does not mean that JoinData is responsible for the services of the application suppliers. A data supplier and application supplier make mutual agreements, without JoinData being involved. And application suppliers develop services for participants at their own expense and risk. In short, JoinData has no control or influence whatsoever on the content of these services. You must conduct sufficient research yourself and be sufficiently informed before using the services of an application supplier.
We do not control the quality of the services of application providers, the security or legality of those services, the authority of application providers to provide services, and/or the authority of participants to purchase the services. JoinData does not guarantee this and JoinData cannot guarantee that the services offered by these application suppliers via the platform meet your expectations.
For services of the application supplier, the (privacy) rules of the relevant application supplier apply. If you have any questions about these rules, please refer to this application supplier. The use of these services will then fall under the (privacy) rules of the relevant application supplier.
- Protection of your privacy
If your personal data is included in data flows that are exchanged via the platform, JoinData processes this data on behalf of the data supplier. The data supplier is the “controller” and JoinData is the “processor” within the framework of the General Data Protection Regulation (GDPR). If you have any questions about the processing of your personal data, you should therefore contact the data supplier. JoinData is the controller for your profile data. You can find more information about this in our privacy statement.
- Complaints procedure
Complaints about JoinData’s services can be submitted using the complaint form. Complaints must be submitted within 2 months after you have noticed a defect in the service. Complaints must be submitted in a complete and clearly defined manner. We aim to respond within 14 days of submitting the complaint. If this is not possible, we will give you an indication of the time frame for responding within 14 days of submitting the complaint.
- Intellectual Property Rights
All intellectual property rights in the Services, including the software and the graphical user interface (GUI), are vested solely in us or our licensors. If we are willing to commit to the transfer of an intellectual property right, such an obligation can only be entered into in writing and expressly.
- Miscellaneous
JoinData is a trade name of Coöperatie JoinData U.A. and is located at Agro Business Park 82 in Wageningen. JoinData can be reached on telephone number 088 2015 800 and is registered with the Chamber of Commerce under number 64039641.
If we fail to enforce any provision of the Participant Terms, this shall not result in us waiving the right to enforce it at a later time or against any other participant. Agreements that deviate from what is stipulated in the Participant Terms are only valid if they have been confirmed in writing by JoinData.
If one or more provisions of the Participant Terms are declared invalid by a competent court, this will not affect the other provisions of the Participant Terms. Notifications to JoinData can be addressed to JoinData, Agro Business Park 82, 6708 PW Wageningen. Notifications to participants will be sent to the e-mail address provided, or by registered mail if there is reason to do so and an address is available. Notices given by registered mail will be deemed to have been received 5 working days from the date of sending.
JoinData is at all times entitled to transfer its rights and obligations from the agreements relating to the services of JoinData. Participants will be informed about this.
These Participant Terms constitute the entire agreement between JoinData and the participant and supersede all previous agreements with the same subject matter. This agreement is governed by Dutch law. In the event of a dispute arising from this agreement, only the court in the district of Gelderland will have jurisdiction.
