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Our Terms, effective March 1st, 2017

All our terms related to HUIZER B.V.B.A. (hereafter 'Huizer, Huizer bvba, Place.Guru', The Site "we", or "us") may process and how we may use that information to better serve visitors and Users while using our website www.place.guru (the 'site') our mobile customer application (the 'App') and our on-demand services (collectively the "Service"). Please review the following terms carefully so that you understand our legal practices.


General

Welcome to Place.Guru !

In the following “The Site” refers to https://place.guru and all its related sub-domains.

The access to the Site is completely free but it implies acceptance of these conditions of use. Please read them carefully: continuing to use the Site or consulting it constitute a full acceptance of the condition.

About The Site

The Site provides an online service whereby the user shares places with others (like friends, clients, visitors, familiy, etc.) and whereby the receiving party gets access to these places via a URL.

WE REPEAT : PLEASE READ FULLY AND CAREFULLY THE PRESENT TERMS AND CONDITIONS, AS WELL AS OUR PRIVACY STATEMENT AND OUR COOKIE STATEMENT (WHICH FORM AN INTEGRAL PART THEREOF), BEFORE ACCESSING OR USING EACH OF THESE WEB-BASED APPLICATIONS. THESE DOCUMENTS SET FORTH THE LEGALLY BINDING TERMS THAT GOVERN YOUR ACCESS TO AND USE OF ‘THE SITE’. THIS AGREEMENT APPLIES TO ALL VISITORS, USERS, AND OTHERS WHO ACCESS THE SERVICE. IF, AT ANY TIME, YOU HAVE QUESTIONS OR CONCERNS ABOUT THESE TERMS, PLEASE CONTACT US AT CONTACT@PLACE.GURU

 

1. DEFINITIONS

In these Terms and Conditions, the following terms shall have the following meanings:

The Site is owned by HUIZER bvba, this is a private limited liability company founded in 2014, organized under the laws of Belgium, having its registered office at Paul Fredericqstraat 24, 9000 GENT, Belgium, and listed in the Central Databank for Enterprises under number BE 0552.857 834 (hereinafter also referred to as ‘we’, ‘us’ or ‘our’).

‘Company’: any legal entity that purchases or wishes to purchase the Service from Huizer bvba (hereinafter also referred to as ‘you’ or ‘your’).

‘End User’: any registered natural person, including those who have been granted the authorisation to use the Service (as defined herein) on behalf of the Company (hereinafter also referred to as ‘you’ or ‘your’, which can therefore mean the Company or the End User, as the context requires).

‘Administrator User’: any person appointed to manage the Company’s account. Every Company has one or multiple administrators, which have specific administrator functionalities at their disposal; they can create End Users, define their rights and modify settings.

‘Service’: the web application provided by Huizer bvba in the form of Software-as-a-Service (SaaS), being The Site and the underlying servers and software used to provide such application. The application is available online through our website at Place.Guru (‘The Site’).

‘Agreement’: the entire contractual agreement entered into between the Company and Huizer bvba for the provision of the Service, and any variations thereof or amendments thereto. The Agreement includes these Terms and Conditions, together with all additional policies that are incorporated therein by reference, including the Privacy Policy.

 

2. BINDING AGREEMENT

2.1. Acceptance of Terms

Huizer bvba provides via The Site its Service subject to your acceptance of the Agreement. We advise and expect you to take careful notice of all the legal documents it includes, and all additional information that may accompany.

By registering for and/or using the Service in any manner, including but not limited to visiting or browsing the Site, you acknowledge that you have read, understood and agree to be bound by this Agreement. As End User creating an account for the first time, you also warrant that you have the authority to bind the Company or other legal entity you represent to this Agreement. If you do not have such authority, or do not agree to all of the terms of this Agreement, you must not accept it and may not use the Service.

If you register for a free trial of our Service, this Agreement will also govern that free trial.

2.2. Modifications of Terms

Huizer bvba reserves the right to unilaterally revise or update the Agreement from time to time, at its sole discretion. Any revision will take effect upon posting of the updated terms on the Site.

You understand and agree that your continued use of the Service following the posting of any changes to the Agreement constitutes acceptance of those changes. It is your responsibility to check the Agreement regularly for changes.

If you do not agree to the changes, you should immediately stop using the Service and cancel your account. There is no possibility to continue using the Service under the old conditions, but you are entitled to a prorated refund of the monthly or annual fee paid for the Service, in proportion to the period still remaining.

We will inform you of any modifications of terms we deem substantial enough by using website notice, email or any other form of communication.

2.3. Entire Agreement

This Agreement, together with our Privacy Policy and our Cookie Statement, constitutes the entire agreement between you and Huizer bvba relating to your use of the Site, superseding any prior oral or written agreements between you and us regarding the subject matter herein.

2.4. Severability

If any provision of this Agreement is held to be unlawful, invalid or otherwise unenforceable for any reason whatsoever, it shall be deemed severed from the Agreement and shall not affect the validity, legality and enforceability of the remaining provisions of this Agreement.

To the maximum extent permitted by applicable law, the unlawful, invalid or unenforceable provision shall be amended to achieve as closely as possible the common intentions of the parties as expressed in the original term. Huizer bvba reserves the right of first initiative to change the invalid or inapplicable clauses unilaterally.

 

3. PROVISION OF THE SERVICE

3.1. Description of the Service

Interested in our Service? We offer you an all-in-one license for the use of The Site. This license contains at least:

–       The use of the latest version of our application

–       Excellent customer service.

–       The certainty one can expect from good hosting and maintenance.

–       The possibility of additional services, at an additional cost.

Each license starts from the date of purchase and is applicable for a limited period of time, being the duration of the subscription. It offers the Company, and consequently also its employees, agents and representatives, a limited, revocable, non-transferable and non-exclusive right to access and use our software and services. The licensed company must ensure that every use of the software is in accordance with these terms and conditions.

Each type of license is restricted in regard to the number of functionalities and/or transactions, as mentioned clearly in our description on the Site. The licence is strictly granted for the sole purpose contemplated by the Agreement and for your own lawful internal business purposes. Unless otherwise stated in writing, the granted license shall not be subject of any transfer or (sub-)licensing to any third party, in whole or in part, without the written prior approval of Huizer bvba.

Except for the rights of use and other rights expressly granted herein, no other rights are granted to you, either express or implied, nor shall any obligation be implied requiring the grant of further rights. You expressly acknowledge that the use of the Service does notably not imply a transfer of the intellectual property rights towards you. All intellectual property rights and all derivative rights related to the Site and the Service continue to be retained by The Site.

 

4. QUALITY OF SERVICE REQUIREMENTS

We offer you a great Quality of Service (QoS), which is central to our offering and company culture. QoS is comprised of technical specifications that specify the Software quality features such as availability, performance, security and serviceability. The Site represents and warrants to the Company that (i) it has the experience and ability to perform the services required; and (ii) it will perform the said services in a professional, competent and timely manner, consistent with industry standards and with the terms as contained herein.

4.1. Availability and Good Performance

We are aware that good software requires fast response times, trustworthy functionalities and excellent reliability. That is why we have taken all reasonable and necessary technical, non-technical, organisational and juridical measures in order to guarantee you a high level of availability and top-notch performance. In other words, you can trust our software. However, we cannot provide absolute guarantees on the uninterrupted availability, good performance, timely, secure or error-free character of our Service. This is, inter alia, because we are dependent on external factors, such as the proper functioning of the Internet. We do promise that all significant defaults, defects and errors in the operation or the functionality of the Service will be soon corrected if they arise.

The Site will use all commercially reasonable efforts, being no less than accepted industrial standards, to make its service available to you with a Monthly Uptime Percentage of at least 99.50% during any monthly cycle (the ‘Service Commitment’).

Monthly Uptime Percentage is calculated by taking the total number of minutes in a calendar month minus the number of minutes of Downtime (as defined herein) in the given calendar month, all divided by the total number of minutes in that calendar month.

The time that our Service is not available qualifies as Downtime. Downtime does not include (i) scheduled downtime (for maintenance and upgrades, which are notified in advance to Administrator Users), (ii) unavailability of the Service due to factors outside our control, (iii) lack of access that is due to your improper use of the Service, and (iv) unavailability of the Service that results from you or third party services, hardware, software, or network, including but not limited to issues resulting from inadequate bandwidth.

In the event we fail to meet our Service Commitment in a given calendar month, Our Service is only fully functional and effective if you have the necessary pre-specified hardware (browser) software and telecommunication facilities available. It is your sole responsibility to take the necessary measures that enable the access to our Service. The equipment and software used must meet the system requirements as clearly communicated here.

4.2. Security

The Site is also responsible for the safe nature of its application. You can be confident that we take security very seriously. We undertake every possible and reasonable measure to safeguard the security and safety of our application. We recognize, for example, that the content provided by you on the Service is valuable, and therefore take all reasonable measures with regard to its protection against accidental or unlawful destruction or accidental loss, modification, unauthorized disclosure and access. The Site systematically creates in real time a backup of the data stored in the application on another server in the same data centre, and moreover creates a full database backup every night on a server located in another location. The Site determines freely the frequency of the backup. It remains your responsibility to always provide an own backup of the content you have provided.

We agree to do everything within our power to carry out the fulfilment of safety requirements, but we only have an obligation of means in this respect.We indeed cannot ensure or warrant the security of the content that you provide on the Service simply because we depend on the use of Internet, on which the transmission of data can never be perfectly secured. You can, however, be assured that we truly care about our Service being free from any imperfection and that we will put forth our best efforts to achieve such aim.

All this does not discharge you of your own responsibility to protect your equipment, software, telecommunications and Internet connection against viruses, computer crime and illegal use by third parties.

4.3. Serviceability

a) Maintenance and Upgrades

We wish to keep the quality of our Service high by performing maintenance activities and updates of the application on a regular basis. We are always looking for new opportunities, and is therefore constantly keen on innovating and improving the Service. You acknowledge and agree that it may, in the future, offer new features through the Service or change the form and nature of the latter. Such new features shall be subject to the present Agreement.

We may limit at any time the access or use of the Service to the extent necessary for maintenance or to perform modifications or enhancements to the application. Most of the time, maintenance and upgrades will be scheduled during weekends. We will inform you at least 24 hours in advance, unless this is impossible or not useful. Maintenance gives no grounds for compensation on behalf of The Site.

b) Support

We provide you also with the necessary support. We strive to provide clear and conclusive answers to any relevant questions or comments so as to contribute to the solution of the problem, whatever its nature. Questions and comments should always be made in writing via email at contact@Place.Guru Our intent is to answer within a very short time; however, we can only commit to replying within two (2) business days.

 

5. ACCEPTABLE USE

5.1. General Statement

We would like to provide a safe and sound application, but we need your help to succeed in our mission. We rely on you to help us to maintain the Service’s safe and sound character. We don’t expect anything special, though. You can help us out just by behaving in a sentiment of good faith.

The Site reserves a large margin of discretion when considering behaviour of End Users of the Service. Any End User action that can be considered not ‘in good faith’ is presumed to fall within this margin of discretion. It must remain clear that certain actions are never acceptable; that is why we listed a few below. The list hereunder tries to be complete but is not exhaustive.

5.2. Illegal Activity

You shall first and foremost use and access the Service only in compliance with the Agreement and with all applicable laws and regulations.

5.3. Security

We also require you to refrain from any action that may jeopardise the safety and security of the Service. This includes, but is not limited to, disturbing the good operations of the Site by distributing, downloading, uploading or transmitting any material that contains viruses, Trojan horses, worms, time bombs, cancel bots, or any other harmful or deleterious program that may infringe the Service and the interests of both The Site and its users. Users should also refrain from any content that may burden or disturb the websites infrastructure and its proper functioning.

5.4. Inappropriate Content

Users should refrain from adding content that can be described as inappropriate regarding the aims of the Service. The Site reserves a large discretion and may notify users when touching boundaries. This topic will be more broadly touched upon in Article 6.

5.5. Unsolicited Messages

Users should not send unsolicited messages, nor should users send threatening messages and other disturbing messages to other users.

5.5. Prohibited Use
You may use The Site only as a tool for personal use, within your business or your organization and you shall not: (i) license, sub-license, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service in any way; (ii) copy, distribute, or disclose any part of the Service in any medium; (iii) alter or modify the Service in any way without the prior written consent of Huizer bvba; (iv) reverse engineer, reverse assemble, reverse compile or otherwise attempt to create the source code from the Service; (v) interfere with, or compromise the system integrity or security of, or decipher any transmissions to or from the servers running the Service; (vi) take any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vii) upload invalid data, viruses, worms, Trojan horses, or other harmful or disruptive codes, components, devices, or software agents through the Service; (viii) impersonate another person or otherwise misrepresent your affiliation with a person or entity, conduct fraud, hide or attempt to hide your identity, or misrepresent the source or content of information transmitted through the Service; (ix) use the Service or the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site; (x) bypass the measures we may use to prevent or restrict access to the Service; (xi) use any robot, spider, scraper, script, or other automated technology to access the Service for any purpose without our express written permission; (xii) gain unauthorized access to the Service, its user accounts, computer systems or networks through unauthorized means such as hacking or password mining; and (xiii) collect or harvest any personally identifiable information, including account names, from the Service.

 

6. CONTENT MANAGEMENT

6.1. Inappropriate Content

Making use of the Service implies adding content to the application. You are always solely responsible with regard to the content that you may add. You will not create, transmit, display or make otherwise available any content that is unlawful, harmful, offensive, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, invasive of another’s privacy, or hateful (including viruses, worms and any other destructive codes).

When submitting Content to or otherwise using The Site, you agree not to, without limitation:

  • Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Use racially, ethnically, or otherwise offensive language.
  • Discuss or incite illegal activity.
  • Use explicit/obscene language or solicit/post sexually explicit images (actual or simulated).
  • Post anything that exploits children or minors or that depicts cruelty to animals.
  • Post any copyrighted or trademarked materials without the express permission from the owner.
  • Disseminate any unsolicited or unauthorized advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’, or any other form of such solicitation.
  • Use any robot, spider, scraper or other automated means to access the Site.
  • Take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
  • Alter the opinions or comments posted by others on this Site.
  • Harvest any personally identifiable information.
  • This list of prohibitions provides examples and is not complete or exclusive.

    We consider some clear boundaries regarding to content that may be added to the Service: the added content should be appropriate with regards to the aim and intentions of the Service. This is a broad definition but it will not pose any problem for an End User in good faith. The site preserves a wide margin of discretion when establishing whether content falls within these boundaries.

    The Site does not purport to be the content police; our duty in the process of information dissemination is simply to act as conduit between interested parties. The site does not perform any prior supervision on new content that is added to the application, but we do take the necessary action towards inappropriate content upon the receiving of a well-reasoned and founded claim. Our obligations to remove or block the usage of such information in accordance with generally applicable laws remain indeed unaffected. These claims can be directed at contact@Place.Guru.

    6.2. Hyperlinks

    Our Site may contain direct or indirect links to third party websites and/or electronic communication portals, on which we do not exercise any technical control or any control on the content. User-generated content may, for example, include such hyperlinks.

    Such a reference being made on our Site does not mean that we (implicitly) agree with the content of those websites. We do not guarantee or assume any liability for the accuracy, legality, completeness or quality of the content of external websites linked to on the Site or of other electronic communications portals that are not under the actual control of The Site. These references are therefore to click at your own risk and responsibility. We are not liable for any damage resulting therefrom.

    6.3. Downloads

    Users can upload content on the Site, which can then be downloaded by other users. The Site cannot be held accountable for the consequences of such actions, on which it does not exercise any control. You understand and agree that every download from our Site is at your own risk and that damages resulting from loss of data or damage to the computer system are your entire and sole responsibility.

     

    7. CONFIDENTIALITY

    Confidential information means all information, of whatever nature, that may be disclosed or revealed in the execution of this Agreement, and that is marked or identified or can be reasonably considered as confidential information. Confidential information does not, however, include information which (a) is or becomes generally available to the public other than as a result of a disclosure by the receiving party or its representatives, (b) was available to the receiving party on a non-confidential basis prior to its disclosure by the first party or its representatives, or (c) becomes available to the receiving party on a non-confidential basis from a person other than the first party or its representatives.

    Each party agrees to safeguard and hold as strictly confidential all confidential information of the other party, and shall only the information for purposes as authorised by this Agreement. The receiving party may only disclose confidential information to its directors, officers, employees, agents, representatives or advisors who have a ‘need to know’ such confidential information for the purpose set forth in the present Agreement, and only for that purpose. The confidential nature of the information must be made clear to and respected by these other parties.

    All confidential information, including the copies made thereof, is the sole property of the disclosing party and shall be promptly returned to the disclosing party or destroyed upon written request by the disclosing party.

    For those who want absolute assurance about confidentiality, we are always available to establish more specified provisions and to prepare a separate non-disclosure agreement for this purpose.

     

    8. INTELLECTUAL PROPERTY

    The services operated by The Site are protected by intellectual property rights. These intellectual property rights shall be taken to mean copyrights, trademark rights, design and model rights and/or any other intellectual property rights (whether registered or unregistered), including technical and/or commercial know-how, methods and concepts, whether or not patentable.

    All intellectual property rights and derived rights are the property of Huizer bvba and continue to be retained by it. The use of the Service does not imply a transfer of the intellectual property rights towards the Company. The Company should be aware at all time of these intellectual property rights and should therefore refrain from any violations as they may lead to its liability.

    You agree not to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast, commercially exploit, communicate, circulate, or in any way transfer or assign the application or any part thereof, to any third party, without the express prior written consent of The Site. You further agree that you will not disassemble, decompile, reverse engineer, create derivative works from or otherwise modify the application, except to the extent permitted by applicable law.

     

    9. DATA OWNERSHIP

    You shall always retain ownership of your content, data and information provided in the context of using the Service.

    Unless specifically permitted by you, your use of the Services does not grant us the license to use, reproduce, adapt, modify, publish or distribute this content for our commercial, marketing or any similar purpose.

    However, nothing in these terms shall restrict our right to compile and use aggregated usage data and statistics, or to disclose these aggregated statistics,as long as these do not describe or identify any individual user.

    You further grant us a worldwide, royalty-free, sub-licensable, perpetual license to (i) use any content, data and information you provide in connection with the Service for purposes of providing the Service; and (ii) to use or incorporate into the Service any suggestions, enhancement requests, recommendations or other feedback provided by you and other users.

     

    10. LIABILITIES

    Huizer bvba is only liable for any major or repeated minor contractual and/or non-contractual breach, including any obligation of warranty, caused in the performance of its obligations under this Agreement.

    Huizer bvba shall not have any liability or be considered to be in breach or default of its obligations under the Agreement, to the extent that performance of such obligations is delayed or prevented, directly or indirectly, due to force majeure. Force majeure shall be taken to mean any circumstance beyond its control that entirely or partially prevents compliance with its obligations in respect of the other party.

    Neither shall Huizer bvba be liable for damages due to causes that are foreign to it, such as shortcomings to specific legal obligations that are owed by you, or actions or omissions of third parties. If you perform an action or omission that may affect the liability of Huizer bvba, you are held to safeguard Huizer bvba and its employees, managers and directors from any claims and damages that may arise, and from any judicial procedures relating to this.

    In any case, you agree that our liability for damages arising under this Agreement, whether in contract, tort or otherwise, will be limited to actual, proven, direct damages and will not exceed the net amount actually paid to The Sites for the Service under this Agreement during the twelve (12) months immediately preceding the date on which such claim accrued.

    In no event will we be liable for indirect damages such as consequential damages, lost profits, financial or commercial loss, loss of clientele, loss of reputation, loss resulting from claims of customers of the Company, etc. This list of examples of indirect damages tries to be complete but is far from exhaustive.

    Nothing in the Agreement shall, however, exclude or limit our liability for damage that may not be lawfully excluded or limited by Belgian law.

     

    11. TERM AND TERMINATION

    The Site offers you the freedom not to be bound by a long-term commitment, so you do not need to worry about being locked into a contract.

    11.1. Term and Duration

    The Agreement takes effect from the date of its acceptance, materialized by the completion of the registration process.

    The Agreement is automatically extended for successive renewal terms, whose duration depends on the chosen subscription plan.

    11.2. Suspension and Termination

    We have the right to suspend your access to the Service, and the associated data, as soon as we have taken notice of a violation of this Agreement. There is no time limit between the defective behaviour and the suspension. This right of suspension does not require any or comprehensive reasoning and, in extreme circumstances, can be done without prior notification. We will inform you of our reasons for doing so, at the latest within five (5) days after the implementation of the suspension. If you feel you have been unjustifiably suspended, feel free to contact us at contact@Place.Guru, so we can resolve these misunderstandings. Fees may continue to accrue during a suspension, and we may charge you a reinstatement fee following any suspension of your Service. The reinstatement fee must be paid before the Services can be restored.

    Either party enjoys the convenience to suspend or terminate the Agreement at any time, even in the absence of a cause. If we wishe to invoke this right, it should make its intention known by means of an e-mail notice to the Administrator Users, at least thirty (30) calendar days prior to the month in which it wants to suspend or terminate the Agreement. In that case, you only pay for the last running month. If you wish to invoke this right, you can cancel the subscription at any time from the Administrator User interface. No amount will be refunded to you following a cancellation.

    Either party may at any time temporarily suspend or immediately terminate the execution of this Agreement if that party is faced with a weighty shortcoming to one or more essential obligations of this Agreement that is attributable to the other party. This is also possible when the other party becomes or is declared insolvent in the meaning of the applicable law, becomes the subject of an involuntary or voluntary bankruptcy or similar proceeding, or assigns all or substantially all of its assets for the benefit of creditors. A prior notification via registered letter is required, which grants the other party a reasonable timeframe to comply with its obligations if this is still useful. The termination shall be without prejudice to the other rights of the party that terminates the Agreement, including the right to claim compensation for the damages suffered as a result of breach of the obligations.

    No refunds or partly refunds will be given in respect of any fees paid to us in advance, unless we are in material breach of the Agreement. In that case, the Company will be entitled to receive a refund of any part of the fees paid to us in respect of the period following the date of termination, calculated pro-rata on a daily basis.

    11.3. Termination Consequences

    Your account will be deactivated upon the use of a valid termination or suspension of this Agreement. Deactivation means that Service will be unavailable in whole or in part and that you therefore may not have access to your data. Deactivation does not mean that the account, and the associated content, will be immediately and irrevocably removed. The Site believes it is important not to immediately delete such data and guarantees storing the data for at least sixty (60) calendar days following the day of deactivation.

     

    12. PRIVACY

    Every subscriber reveals some information about itself. This amount of information varies as more operations are performed – for example, after registration. Depending on the quality of the information, it is possible that an individual can be identified. At that time, we are collecting ‘personal data’ in the meaning of the Belgian Privacy Act of December 8, 1992 (n.b. written in French).

    As we attach great value to privacy and the protection of personal data, we have taken the effort to inquire you on the processing of personal data in the most comprehensive manner. We kindly refer you to our Privacy Policy, available at https://Place.Guru/terms/privacy-policy.

     

    13. FINAL PROVISIONS

    This Agreement is exclusively governed by Belgian legislation.

    The courts of Ghent (Belgium) are presumed to be exclusively competent.

    The Parties agree to a cooling-off period of sixty (60) days during which they try to solve their dispute informally before terminating the Agreement or initiating any court proceeding. The cooling-off period commences upon the receiving of a written notification.

    The Site is an active supranational actor, which implies that other jurisdictions may rule on the clauses of this Agreement and that a different interpretation may be applied. We wishe to ensure that in such case, the Agreement should be interpreted strictly within the legal margin of interpretation.

     

     

    Privacy Policy

    Effective March 1st, 2017

    We like to provide you with a personalised web service, which makes it necessary for us to hold and process your personal information. According to the legal definition, personal data is every data that allows the identification of a natural person. It is sufficient that the data allow us to establish a (direct or indirect) link between one or more data pieces and a natural person.

    We are committed to making sure that your personal information is kept confidential, and that it is only used for those specific purposes that are in-line with our mission to help you as “Guru” or simply as receiver. We are convinced that such privacy policy is essential to creating confidence, goodwill and stronger relationships with you, our customers. That is why we inform you in the most extensive manner about the collecting and processing of your personal data. Therefore, you will always be aware of the type, the extent of, and the purposes for which personal data are collected and used.

    By providing you this information, we confirm our compliance with the most important strict legislative conditions as required by the Belgian data protection legislation – in particular, the Act of 8 December 1992 on Privacy Protection in relation to the Processing of Personal Data (Privacy Act), which implemented the EU Data Protection Directive 95/46 EC.

    We assume that the user of our applications has taken notice of this Privacy Policy and agreed to the collection and processing of personal information that are in accordance thereto. Be aware that we do occasionally update this Privacy Policy, and that it is your responsibility to examine and take notification of any change made to this document. So please do return and review this Policy on a regular basis. Any substantial change will be clearly communicated.

    If you still have any questions or concerns regarding this Privacy Policy, please do not hesitate to contact us at contact@Place.Guru. We’d love to hear your feedback.

    1. Who is responsible for the data processing?

    The Privacy Act draws a distinction between a ‘data controller’ and a ‘data processor’. We provide you with a clear notice of this distinction, as this is extremely important to avoid ambiguity about responsibilities.

    Data Controller

    The data controller is every natural person and/or legal entity that determines the purposes and the means (legal and technical) of the processing of personal data. This determination can be done alone or jointly with others.

    The data controller behind The Site is Huizer bvba, this is a private limited liability company founded in 2014, organized under the laws of Belgium, having its registered office at Paul Fredericqstraat 24, 9000 GENT, Belgium, and listed in the Central Databank for Enterprises under number 0552.857 834 hereinafter also referred to as ‘we’, ‘us’ or ‘our’.

    We implement a variety of security measures to maintain the safety of your personal information.

    We offer the use of a secure server. All supplied information is transmitted via Secure Socket Layer (SSL) technology to be only accessed by those authorized with special access rights to our systems. Furthermore, we are always ready to perform audits on request.

    Be aware that The Site is only the data controller for what is provided underneath. You are the one assuming responsibility for the personal data of third parties you published or shared through our application, including those of your visitors. You declare to have the right to communicate or display them, thus relieving the data controller of all responsibility. Regarding these data, The Site only acts as actual processor.

    Data Processors

    The Site uses a number of online data processors that collect, store and process your data. These data processors are natural persons or legal entities that process the personal data on behalf of the data controller Huizer bvba. The persons who, under the direct authority of the party responsible for the processing, are authorised to process the data do not fall within this category.

    We have carefully selected these processors, which are fully listed in Section 6. The selected processors offer notably all the adequate guarantees with regard to technical and organizational security measures taken as to the processing of your personal data. They also satisfy all the other requirements of Article 16, §1 of the Privacy Act.

    The controller is not responsible for any loss or corruption of personal data, identity theft, data theft, viruses or Trojans, SQL injections or other attacks on computer systems or online cloud portals. The processors have gained professional expertise in their domain and therefore decide in an autonomous manner the most technically appropriate application to process the data. The data controller is not expected to have the same expertise and specialty.

    2. What information do we collect about you?

    We may collect, store and use the following kinds of personal information:

    Dependent on whether the user makes intensive use of the website or relies on certain services, the collection of personal data may be more extensive.

    The website also collects anonymous data, which is corresponding technical data that is used solely for internal purposes to get information on user navigation. Since these data are not used to identify users, they do fall outside this Privacy Statement.

    When you use our App, we also process technical data such as your IP-address, Device ID or MAC-address, and information about the manufacturer, model, and operating system of your device. We use this data to enable us to deliver the functionalities of the App, resolve technical difficulties, provide you with the correct and most up to date version of the App and to improve the function of the App.

    GEO-LOCATION INFORMATION

    When you use the App through your device, and only if you have consented thereto, we will track your geo-location information, on a real time basis only. We use this information to allow you add places or to find a destination. We may also use this real-time geo-location information to address user support, technical, or business issues that may arise in the course of your use of the App. If you contact Place.Guru customer service, and it is necessary to use your real-time geo-location information to address your question, our support personnel will seek your consent before consulting your real-time geo-location.

    In addition, your choice to use some of the features of the App, for example, ‘Share my location’ will allow you to share your geo-location information with those persons with whom you choose to share such information.

    If you do not consent to the tracking of your geo-location, you will still be able to use the basic features of the App. You may and can at any time withdraw your consent. Further, you can turn the geo-location tracking off at the device level, also temporarily. Your mobile device informs you when geo-location is tracked by displaying the GPS arrow icon.

    3. For what purposes do we process the data?

    We process your personal information for an overarching goal: we want to offer you the best-personalised experience when visiting our website and using our applications.

    The information we collect about you is primarily processed to help us ensure the user the proper technical functioning of the website and to provide you access to the application in a secure, effective and user-related manner. Our aim is to provide you with the best possible services. We need your information in order to better understand how you access and use our website and services, to then be able to improve them and respond to your wishes, questions and criticisms.

    We would like to offer our services in the most efficient and personalised way. This implies that we may use your personal information to tailor the content we send or display to you, to offer location customization, and personalized help and instructions, and to otherwise personalize your experiences while using the website or our services.

    We may also use your information internally for marketing and promotional purposes. For example, we may use it to send you news and newsletters, special offers, and promotions, or to otherwise contact you about products or information we think may interest you. You can always unsubscribe from such e-mails.

    The way we offer you the application and its related services remains subject to constant changes, as we are still evolving. It is therefore important that you give us permission to use your personal information in a manner that allows us to develop new innovative features and services. These new developments remain within our original objectives.

    4. How long will we hold your data?

    We only process your personal information as long as necessary. We do keep a record of your data as long as your account is active, or if your personal data is necessary to offer you a particular service. We promise to delete your personal data as soon as this data is no longer required for the aforementioned purposes. The deletion is comparable to deleting files on your computer using the ‘trash bin’, allowing us to recover the data to a certain extent for some time.

    5. Where do we store your information and that of your visitors?

    We store all the personal information you provide in a database on several servers, hosted in France via Online. Online’s General Terms and Conditions of Service are available via the following link: Conditions Online.

    Do we share your information?

    We consider mutual confidence very important. That’s why we would like to ensure you that we process your personal information only for internal use. We neither rent nor sell your personal information or that of your visitors in personally identifiable form to anyone but the trusted and reputable third party processors listed hereunder.

    To help us deliver our Service, we use various third party applications:

    We want to make sure our website is optimal and for that we need analytics and insight. We use the following third-party web analytics services to help us understand your usage of our website and services and improve your user experience:

    We use Google Analytics to analyse the use of this website. Google Analytics generates statistical and other information about website use by means of cookies, which are stored on users’ computers. The information generated relating to our website is used to create reports about the use of the website. Google will store this information. At no point does Google store personal information; it only stores anonymous data such as connection time, device used, and location.

    Google’s Privacy Policy is available at http://www.google.com/privacypolicy.html.

    Intercom analyzes your use of our website and/or product and tracks our relationship so that we can improve our service to you. We may also use Intercom as a medium for communications, either through email or through messages within our product(s). As part of our service agreements, Intercom collects publicly available contact and social information related to you, such as your email address, gender, company, job title, photos, website URLs, social network handles and physical location, to enhance your user experience.

    For more information on the privacy practices of Intercom, please visit http://docs.intercom.io/privacy. Intercom’s services are governed by Intercom’s terms of use, which can be found at http://docs.intercom.io/terms. If you would like to opt out of having this information collected by or submitted to Intercom, please contact us.

    Mailjet is an email engine that supports us when sending newsletters. In our contact list on MailJet we keep track of your email address and name information (organisation name, first name, family name) to send you personalised emails. MailJet will not email you, we do, using their technical infrastructure. If you do not want to receive emails, you can unsubscribe from our mailing list each time you receive our email.

    We carefully selected these external service providers and review them regularly to ensure that your privacy is preserved. All such third party processors are contractually bound by us to keep your information confidential. All information provided to third party processors is used by them only to carry out the service they are providing for us.

    We will not transfer your data to any other third parties without letting you know in advance or asking for your prior permission. We may only transfer your data to other third parties without informing you separately beforehand in the exceptional cases legally provided for in the Privacy Act, notably when such transfer is necessary or legally required on important public interest grounds, or for the establishment, exercise or defence of legal claims.

    In order to further develop our business, we may alter the corporate structure of Huizer bvba by changing its legal form. We may also form, sell or buy subsidiaries, divisions or parts of the company. In such transactions, customer information, together with the part of the company to be transferred, will be passed on. Every time personal data are transferred to third parties to the extent prescribed, Huizer bvba will ensure that this is done in accordance with this Privacy Policy and the relevant data protection laws.

    Huizer bvba is a Belgian company but operates globally. It is therefore possible for the data to be transferred to and stored in countries outside the European Economic Area. However, we will always do so in accordance with this Privacy Policy and applicable laws.

    7. What are my rights as a data subject?

    Each user can be assured that his personal data will be processed in a fair and lawfully manner. This means that the data will only be processed for the above explicit and legitimate purposes. We also ensures that the personal data are always adequate, relevant and not excessive in relation to the purposes for which they are processed.

    Right to Access

    Each user who proves his identity has a right of access to all information regarding the processing of his personal data by The Site, as defined in the Privacy Act. This includes information on the purposes of the processing, the categories of information processed and the categories of recipients to whom the data are provided. This Privacy Policy is a first indication.

    The user shall exercise his right through a signed, written request to Huizer bvba, by post or e-mail to contact@place.guru. We undertake the appropriate action following a request within 15 days.

    Right to Correct

    Huizer bvba attaches a great importance to an accurate data collection. Inaccurate or incomplete personal data can therefore always be improved or even obliterated.

    As it is impossible for us to be aware of any mistakes, incompleteness or falseness of your personal data on a continuous basis, it is up to you as a user to report inaccuracies or omissions and to perform the necessary adjustments regarding one’s registration details.

    If your personal actions seem inadequate, feel free to contact us using a signed, written request directed at contact@place.guru. The Site performs the necessary actions within 15 days by making additions, correcting or deleting the personal data. The removal is mainly related to the visibility, so it is possible that the deleted personal data remains temporarily stored.

    Right to Object

    Each user can oppose the processing of his personal data. This right to object exists only if there are sufficient legitimate and weighty grounds relating to his particular situation. The exceptions provided in the Privacy Act are also applicable to this right of objection.You may at any time, free of charge and without further ado, oppose the proposed processing of your personal data if those data were obtained for the purpose of direct marketing.

    You are also entitled to obtain the removal of and/or the ban on the use of all your personal data, which have been obtained and which are incomplete or irrelevant, regarded from the view of the purpose of the processing. This is also applicable to any personal data of which the registration, disclosure, and retention are prohibited, or personal data preserved after expiry of the authorized period. This right can be used at any time, free of charge and without further justification.

    You shall exercise this right through a signed, written request to Huizer bvba, by post or e-mail to contact@place.guru. The Site undertakes the appropriate action following a request within 15 days.

    8. Do we use cookies?

    Yes, like many websites, we do use cookies. For further clarification around our cookies, we kindly refer you to our Cookie Policy.

     

     

    Cookies

    What you need to know about cookies

    In this Cookie Statement, the following should be understood as:

    The Site is owned by HUIZER bvba, this is a private limited liability company founded in 2014, organized under the laws of Belgium, having its registered office at Paul Fredericqstraat 24, 9000 GENT, Belgium, and listed in the Central Databank for Enterprises under number 0552.857 834 hereinafter also referred to as ‘we’, ‘us’ or ‘our’.

    ‘Client’: any legal entity that uses and or purchases the Service from HUIZER bvba (hereinafter also referred to as ‘you’ or ‘your’).

    Cookies are small pieces of data or text files sent from a website and stored on your local computer (including mobile phones and tablets etc.) while you are browsing that website. Cookies are then sent back to the originating website on each subsequent visit, or to another website that recognizes that cookie.

    The Belgian Electronic Communications Act (Telecommunications Act conversion) contains a number of provisions about cookies and their use on websites. The Belgian implementation is derived from the European e-Privacy directive, which implies that the use of cookies and cookie legislation is regulated differently in each European country.

    Huizer bvba wants to keep you informed about this new legislation and about the cookies it uses. Cookies are essential for us in order to optimise your visit to our website. Cookies remember every technical choice (e.g., a language setting) you have made, and help us offer you more relevant services and suggestions.

    In order to visit The Site, it is recommended that you enable cookies on your computer, tablet or mobile phone.

    Be aware that if the cookies are not enabled, you may still use the website but you won’t be able to keep your places if you are not logged in.

    We use cookies both to optimize your experience regarding our website and to help us offer relevant content. Therefore, we guarantee the fact that our cookies are safe. The information that is collected through the use of cookies allows us to detect possible errors and/or demonstrate specific services, which we presume can be useful for you. There is a possibility that we store information that can be directly linked to a user. Some of our cookies may come from carefully selected partners with whom we cooperate and who advertise our services on their website.

    If you still have any questions or concerns regarding our terms, please do not hesitate to contact us at contact@Place.Guru. We'd love to hear your feedback.

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