The undersigned
Smrt.bio, established and having its registered office in Eindhoven, represented in this matter by Smrt.bio, hereinafter referred to as "Licensor", and End User hereinafter referred to as "Licensee",
Considering
1. Licensor is authorized to grant Licensee, through registration, the user rights to the computer program Smrt.bio;
2. Licensee will only use the Smrt.bio program for himself and wishes to acquire the right to use Smrt.bio through this end user license agreement;
3. Licensor is willing to grant Licensee the aforementioned right to use Smrt.bio under the conditions set out in this agreement;
4. The content of this agreement is accepted by Licensee and the agreement is established by registration as a user as stipulated in this agreement.
AGREE AS FOLLOWS:
Article 1.0 Subject of this license agreement
Article 1.1
Licensor hereby grants Licensee a non-exclusive right to use the computer program Smrt.bio and the documentation as offered by Licensor.
Article 1.2
The non-exclusive right to use the computer program Smrt.bio and the accompanying documentation as aforementioned will be granted in the form of registration. To this end, a user name, as well as a password, is provided to Licensee by Licensor.
Article 1.3
Upon registration, Licensee chooses a password. Licensee is obliged to keep this confidential. Smrt.bio stores the password encrypted so that the Licensor can not retrieve the password or can provide it to third parties.
Article 1.4
The Smrt.bio computer program has a modular structure as a result of which Licensee can provide a non-exclusive right to use that module (s) per module as part of the Smrt.bio computer program.
Article 1.5
By concluding the registration procedure, Licensee gives an offer to Licensor, to enter into this agreement on the use of Smrt.bio with Licensor. Licensor accepts this offer from Licensee by clearing the relevant Smrt.bio modules or providing access to those modules. By this acceptance, this agreement comes into being.
Article 2.0 Duration and termination of the license agreement
Article 2.1
The license agreement is concluded for the duration of one year and can be renewed each time with the same period. The license agreement will only end if and insofar as termination takes place in accordance with the provisions of this article.
Article 2.2
The agreement shall be tacitly extended each time by the same period of one year, unless a party terminates this agreement with the other party at least three months before the end of that period. Notice is given in the Settings section on Smrt.bio. The username (this is always the registered e-mail address) has to be declared at the time of cancellation.
Article 2.3
Without prejudice to the grounds and method of termination as provided in this article, a party is entitled to terminate the license agreement by dissolution if and insofar as it is entitled to do so on the basis of the Act. Dissolution leads to the consequences that the Law attaches to this.
Article 2.4
Licensor is entitled to terminate this agreement with immediate effect without incurring any obligation to compensate any Licensee if Licensee does not comply with the obligations under this agreement despite being summoned to do so in writing and failed to comply with them. the requirements set by the Act.
Article 2.5
If this license agreement ends for any reason whatsoever, Licensee undertakes to cease the use of Smrt.bio.
Article 3.0 Fee
Article 3.1
As far as the 'Smart CV' is concerned, no annual license costs are payable if Licensee uses Smrt.bio as an individual customer. For the further use of Smrt.bio, Licensee will owe an annual license fee as determined in the Settings section of the relevant program within Smrt.bio. If the Licensee is registered via the (potential) employer, the costs for participation in Smrt.bio are for the account of the (potential) employer.
Article 3.2
Licensor is entitled to change the level of the annual license fee to be paid, once a year, in accordance with the CBS index for household consumption.
Article 3.3
If the Licensor has not received the license fee owed by the Licensee within the payment term set by the Licensor, Licensee will owe statutory interest on the outstanding amount after legal default.
Article 4.0 Terms of use
Article 4.1
Licensee is permitted to load, display, perform or store Smrt.bio for the duration of the license agreement, insofar as this corresponds to the intended use of Smrt.bio.
Article 4.2
The license provided relates to personal use by Licensee.
Article 4.3
The Licensee is not permitted to give Smrt.bio and the documentation as aforementioned, into use to third parties or to use them for third parties or to make them available to third parties in any other way.
Article 4.4
Licensee is not permitted to change or modify Smrt.bio and the documentation as aforementioned.
Article 4.5
Licensee is not permitted to reconstruct the source code of Smrt.bio by means of reverse engineering.
Article 4.6
Licensee is not permitted to remove and / or change any indication concerning copyright, (word and/or image) trademark and/or trade names or other intellectual property rights from Smrt.bio and/or the documentation.
Article 4.7
Licensor is at all times entitled to investigate whether Licensee uses Smrt.bio in a manner that complies with the conditions set out in this license agreement. Licensee hereby undertakes to cooperate with such research and, if necessary, grant Licensor access to Licensee's configuration (s).
Article 5.0 Transfer
Article 5.1
The Licensee is not permitted to transfer the rights and obligations from this license agreement to a third party without the prior written consent of the Licensor. The party that is asked for permission is entitled to attach conditions to the granting of that permission.
Article 6.0 Intellectual property rights
Article 6.1
The intellectual property rights relating to Smrt.bio and the documentation are vested in Licensor or its (sub) Licensors. Smrt.bio remains the property of Licensor or its (sub) Licensors.
Article 6.2
Licensor indemnifies Licensee in legal proceedings instituted against him by third parties and based on the statement that the use of Smrt.bio and / or the documentation infringes the intellectual property rights belonging to this third party, unless: 1. Licensee fails Licensor immediately notify in writing of the third party's claim, or; 2. the relevant claims of third parties that are caused by changes in the software that have been made by Licensee or by third parties engaged by it or; 3. the conscious claims of third parties are caused by the use of the software and / or documentation in a manner that is otherwise contrary to the conditions of this license agreement.
Article 6.3
The indemnification referred to in the aforementioned article only applies if Licensee leaves the handling of the matter, including conducting settlement negotiations, to Licensor and if requested provides the required cooperation to Licensor.
Article 6.4
Licensee declares that if a claim is submitted as aforesaid, he agrees that Licensor may, at his option: 1. Smrt.bio and / or modify the documentation in such a way that it no longer infringes; 2. Smrt.bio and / or the documentation will replace a functionally equivalent product; 3. Smrt.bio and / or request documentation from Licensee and pay a fee equal to the paid license fee.
Article 7.0 Use personal data
Article 7.1
Licensor complies with the legislation for the protection of personal data.
Article 7.2
Licensor uses the information that it collects from Licensee, including personal data, demographic, collective and technical data, for the purpose of the execution and management of Licensee's registration, to answer any Licensee's questions, to improve Smrt.bio and to provide the products and services that Licensor and/or its partners offer to its customers.
Article 7.3
Personal data, combined personal and demographic data of Licensee or information about the use of Smrt.bio by Licensee are provided by Licensor to third parties, including employers if Licensee agrees. The settings can always be changed in "Settings".
Article 7.4
Before entering into this license agreement, Licensee shall be given the opportunity to agree or not to disclose the aforementioned information to third parties, including employers in the aforementioned sentence.
Article 7.5
Licensee's personal data is stored and processed on Licensor's computers and / or its (sub-) Licensors. The collected data can be used (with permission obtained in accordance with Article 7.4.) In order to provide the products and services offered by Licensor and / or its (sub) Licensors to employers, such as support for searching for suitable employees by analyzing the profiles. of Licensee as included in the database of Licensor and / or its (sub-) Licensors.
Article 7.6
The Licensor may - regardless of Licensee's permission - disclose the aforementioned data if Licensor is required to do so under the Act, or is requested to do so by a government agency or regulatory authority, or if Licensor believes in good faith that this is necessary to: 1. to comply with a legal requirement; 2. to protect the rights or property (s) of Licensor and / or its (sub-) Licensors or affiliates; 3. to prevent a crime or to protect state security; 4. protect the personal safety of users or the public.
Article 8.0 Final provisions
Article 8.1
Smrt.bio has the right to change these conditions of use at any time, without informing the users. The most current terms and conditions of use will be available on the website Smrt.bio and / or its (sub-) Licensors. If Licensee continues the use of Smrt.bio after one or more changes to the conditions of use implies that Licensee irrevocably accepts this adjustment (s). It is therefore advisable to consult these conditions of use regularly.
Article 8.2
If one or more provisions of this agreement turn out to be non-binding, then the other provisions of this agreement remain in force between the parties. The parties then undertake to replace the non-binding provisions by such provisions, which are binding and which deviate as little as possible from the non-binding provisions, having regard to the purpose and the scope of this agreement.
Article 8.3
Dutch law applies to this agreement and disputes are submitted to the Court in 's Hertogenbosch.
Privacy Statement
Smart.bio Holding B.V., located at Schweizerlaan 2 9728 NP Groningen, is responsible for the processing of personal data as shown in this privacy statement.
Contact details:
https://smrt.bio Schweizerlaan 2 9728 NP Groningen +31651509821
Frank Melis is the Data Protection Officer of Smart.bio Holding B.V. He can be reached via frank@smrt.bio
Personal data that we process
Smart.bio Holding B.V. Process your personal data by using our services and / or by providing this information to us.
Below is an overview of the personal data we process:
- First and last name
- Sex
- Date of birth
- Birthplace
- Address data
- Phone number
- E-mail address
- IP address
- Other personal data that you actively provide, for example by creating a profile on this website, in correspondence and by telephone
- Location data
- Information about your activities on our website
- Data about your surfing behaviour across various websites (eg because this company is part of an advertising network)
- Bank account number
Special and / or sensitive personal data that we process
Our website and / or service does not intend to collect data about website visitors who are younger than 16 years. Unless they have permission from parents or guardians. However, we can not check if a visitor is older than 16. We encourage parents to be involved in the online activities of their children, in order to prevent data about children being collected without parental consent. If you are convinced that we have collected personal information about a minor without this consent, please contact us at hallo@smrt.bio and we will delete this information.
For what purpose and on what basis we process personal data
Smart.bio Holding B.V. Process your personal data for the following purposes:
- Handling your payment
- Sending our newsletter and / or advertising brochure
- You can call or e-mail if necessary to carry out our services
- Inform you about changes to our services and products
- Give you the opportunity to create an account
- To deliver goods and services to you
- Smart.bio Holding B.V. analyzes your behaviour on the website in order to improve the website and to tailor the range of products and services to your preferences.
Automated decision-making
Smart.bio Holding B.V. takes decisions based on automated processing on matters that can have (significant) consequences for people. These concerns decisions taken by computer programs or systems, without involving a person (for example an employee of Smart.bio Holding BV). Smart.bio Holding B.V. uses the following computer programs or systems:
Sharing personal data with third parties
Smart.bio Holding B.V. Share your personal data with various third parties if this is necessary for the execution of the agreement and to comply with any legal obligation. With companies that process your data in our assignment, we conclude a processor agreement to ensure the same level of security and confidentiality of your data. Smart.bio Holding B.V. remains responsible for these processing operations. In addition, Smart.bio Holding B.V. your personal data to other third parties. We only do this with your express permission.
Cookies, or similar techniques, that we use
Smart.bio Holding B.V. uses functional, analytical and tracking cookies. A cookie is a small text file that is stored in the browser of your computer, tablet or smartphone when you first visit this website. Smart.bio Holding B.V. uses cookies with purely technical functionality. These ensure that the website works properly and that, for example, your preferred settings are remembered. These cookies are also used to make the website work well and to optimize it. In addition, we place cookies that keep track of your browsing habits so that we can offer customized content and advertisements.
On your first visit to our website, we have already informed you about these cookies and we have asked you for permission to place them.
You can opt-out of cookies by setting your internet browser so that it does not store cookies anymore. In addition, you can also delete all information previously saved via the settings of your browser.
For an explanation, see: https://veiliginternetten.nl/themes/situatie/cookies-wat-zijn-het-en-wat-doe-ik-ermee/
Cookies are also placed on this website by third parties. These are for example advertisers and / or social media companies. Below an overview:
Cookie: Google Analytics
Name: NID
Function: Analytical cookie that measures website visits
Storage period: 6 months
View, modify or delete data
You have the right to view, correct or delete your personal data. You can do this yourself through the personal settings of your account. You also have the right to withdraw your consent to the data processing or to object to the processing of your personal data by our company and you have the right to data portability. This means that you can submit a request to us to send the personal information we hold to you or another organization mentioned by you in a computer file.
If you want to use your right of objection and / or right to data portability or if you have other questions/comments about data processing, please send a specified request to hallo@smrt.bio.
In order to ensure that the request for access has been made by you, we ask you to send a copy of your identity document with the request. Make your passport photo, MRZ (machine readable zone, the strip with numbers at the bottom of the passport), passport number and Citizen Service Number (BSN) black in this copy. This is to protect your privacy. Smart.bio Holding B.V. will respond to your request as soon as possible, but in any case within four weeks.
Smart.bio Holding B.V. you also want to point out that you have the opportunity to file a complaint with the national supervisory authority, the Dutch Data Protection Authority. This can be done via the following link: https://autoriteitpersoonsgegevens.nl/nl/contact-met-de-autoriteit-persoonsgegevens/tip-ons
How we protect personal data
Smart.bio Holding B.V. takes the protection of your data seriously and takes appropriate measures to prevent misuse, loss, unauthorized access, unwanted disclosure and unauthorized modification. If you feel that your data is not properly secured or there are indications of abuse, please contact our customer service or via hello@smrt.bio
Contact information
Chamber of Commerce Smrt.bio Holding: 72189916
VAT: NL859022511B01
e-Mail: hello@smrt.bio
Bank: NL81BUNQ2207107604
