GENERAL TERMS AND CONDITIONS
1. Contractual Relationship
These Terms of Use (“Terms”) govern your use or access, that person, from any country in the world to applications, websites, content, products and services (the “Services”) made available by BeMup BV, a limited liability company incorporated in the Netherlands, with registered office at Slijkenburg 27, 8489KR Slijkenburg, the Netherlands, registered with the Chamber of Commerce under number 70624429 (“BeMup”).
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.
Your access to and use of the Services constitute your agreement to be bound by these Terms, and include a contractual relationship between you and BeMup. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly replace prior agreements or agreements with you. BeMup may immediately terminate these Terms or any Service related to you, or generally stop providing or denying access to the Services or any part thereof at any time and for any reason.
Additional terms may only apply to certain Services, such as policies for a specific event, activity or promotion, and these additional terms will be disclosed to you regarding the applicable Services. The additional terms are in addition to, and will be deemed to form part of, the Terms for the applicable Services. The additional terms will take precedence over these Terms in the event of a conflict regarding the applicable Services.
BeMup may change the Terms regarding the services from time to time. Changes will take effect after BeMup notifies of such amended Terms at this location or the amended policies or additional terms of the applicable Services. Your continued access to or use of the Services after such posting constitutes your agreement to be bound by these Terms, as amended.
Our collection and use of personal information related to the Services is governed by BeMup’s Privacy Policy and can be found at https://bemup.club/. BeMup may provide the necessary information to a claim processor or an insurer (including your contact details) in the event of a complaint, dispute or conflict, including an accident, involving you or a Third Party Provider (including a driver for a network carrier) and such information and data is necessary to resolve the complaint, dispute or conflict.
Previous Versions
The Online Services Terms contain terms for Online Services that are currently available.
Applicable Terms for Online Services and Updates
When Customer renews a subscription to an Online Service or purchases a new subscription, the Online Services Terms in effect at that time will apply and will not change during the subscription period of the Online Service. Customer on the relevant Online Service. When BeMup introduces features, additions, or related software that are new (for example, that were not previously included with the subscription), BeMup may provide terms or adjust the Online Services Terms that govern the use of those features, additions, or related software. the customer.
Electronic notifications
BeMup can provide the Customer with electronic information and notifications about Online Services, both by e-mail and via the portal for the Online Service or via a website designated by BeMup. Notification applies from the date it is made available by BeMup.
2. The Services
The Services include a technology platform that allows users through the mobile applications and websites provided by BeMup as part of the Services (each an “Application to arrange and plan transportation”). such services, including independent external transport companies and independent external logistics companies in agreement with BeMup or its affiliated companies (“External Suppliers”). Unless otherwise approved by BeMup in a separately written agreement with you, the Services are made available only for your personal, non-commercial use.
Permit.
Subject to your compliance with these Terms, BeMup grants you a limited, non-exclusive, non-sublicensable, revocable, and non-transferable license to: (i) access and use the Applications on your personal device only with regarding your use of the Services; and (ii) access and use any content, information and related materials that may be made available by the Services, at least solely for your personal, non-commercial use. All rights not expressly granted herein are reserved by BeMup and its licensors.
Limitations.
You may: (i) not remove any copyrights, trademarks or other proprietary rights from any part of the Services; (ii) not reproduce, modify, prepare derivative works based on, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit, except as expressly permitted by BeMup; (iii) not decompile, reverse engineer or disassemble the Services except as permitted by applicable law; (iv) not referring to, mirroring or framing any part of the Services; (v) not launch or cause programs or scripts for the purpose of unnecessarily aggravating or hindering the collection, indexing, collection, or otherwise data collection of any part of the Services or the activity and / or functionality of any part of the Services; or (vi) do not attempt to gain or impede unauthorized access to any part of the Services and related systems or networks.
Provision of the Services.
You acknowledge that parts of the Services may be made available by the various brands of BeMup or may request options related to transportation or logistics, including the brands that handle transportation requests currently referred to as “BeMup”. You also acknowledge that the Services may be made available under such marks or request options by or in connection with: (i) some of BeMup’s subsidiaries and affiliated companies; or (ii) independent Third Party Suppliers, including drivers for network carriers, license holders for charter charters or holders of similar transportation permits, permissions or licenses.
Third Party Services and Content.
The Services may be made available or consulted with regard to third party services and content (including advertising) over which BeMup has no control. You acknowledge that the various terms of use and privacy policies may govern your use of such third party services and content. BeMup does not share such third party services and content and under no circumstances will BeMup be responsible or held responsible for any of the products or services of such third party suppliers. In addition, Apple Inc., Google, Inc., BeMup or their applicable international subsidiaries and affiliates are third party beneficiaries of this contract if you access the Services and use Applications designed for Apple IOS or Android, respectively. These outside beneficiaries are not parties to this contract and are not responsible in any way for the provision of Service Support. Your access to these Services by using these devices is subject to conditions contained in the beneficiary’s applicable external service conditions.
Property
The services and all rights therein are and remain the property of BeMup or the property of BeMup’s licensors. Neither these Terms, nor your use of the Services grants you rights: (i) to or in respect of the Services except for the above limited limited license, or (ii) the use or reference in any way to the company names , logos, product and service names, trademarks or service marks of BeMup or its licensors.
3. Your Use of the Services
User Accounts.
In order to use all parts of the Services, you must register and have an active personal Services(“accountAccount”). You must be at least 18 years old, or the age of legal age of majority in your jurisdiction (if not 18) to obtain an Account. To register your Account, you must submit certain personal information to BeMup, such as your name, address, mobile phone number and age, as well as at least one valid payment method (either credit card or accepted payment partner). You agree to display accurate, complete and current information in your Account. Failure to have accurate, complete and current account information, including an available invalid or expired payment method, may result in blocking access and use of the Services or termination of the Agreement between BeMup and you. You are responsible for any activity that occurs under your Account, and you agree to keep your account username and password secret at all times. Unless otherwise authorized in writing by BeMup, you can only own one Account.
User Requirements and Behavior.
The Service is not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you may not permit persons under the age of 18 to receive transportation or logistics services from Third Party Providers unless they are accompanied by you. You may not assign or otherwise transfer your Account to other persons or entities. You agree to all applicable laws when using the Services, and you may use the Services only for lawful purposes (eg,no transportation of illegal or dangerous substances). You will not cause any inconvenience, discomfort, inconvenience, or damage to property during your use of the Services, to either the Third Party Provider or any other party. In certain cases, you may be asked to provide ID to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide ID. provide.
Text messages.
By creating an Account, you agree that the Services may send you informative text messages (SMS) as part of the normal business operations of your use of the Services. You can unsubscribe from receiving text messages (SMS) from BeMup at any time by sending an email to support @bemup.club, indicating that you no longer wish to receive such messages, together with a telephone number of the mobile device on which the text messages are received. You acknowledge that opting out of receiving text messages (SMS) may affect your use of the Services.
Promotion codes.
BeMup may, in its sole discretion, design promotional codes that can be redeemed for account credit, or other functionalities or benefits related to the Services and / or Services of a Third Party, subject to additional terms and conditions that BeMup establishes per individual promotion code (“CodesPromotion”) . You agree that the Promotion Codes: (i) must be used for the target audience and intended purpose, and lawfully; (ii) may not be duplicated, sold or transferred in any way, or made available to the general public (whether in public form or otherwise), unless expressly authorized by BeMup; (iii) can be deactivated at any time by BeMup for any reason and without liability of BeMup; (iv) may only be used in accordance with the specific conditions that BeMup establishes for such Promotion Codes; (v) cannot be converted into cash; and (vi) may expire before your use. BeMup reserves the right to withhold or deduct credit or other functionalities or benefits obtained through the use of the Promotion Codes by you or another user in the event that BeMup determines or believes that the use or redemption of the promotion code is mistaken was fraudulent, illegal or in violation of any applicable Promotion Code terms or these Terms.
User Content Provided.
BeMup may, in its sole discretion, from time to time allow you to submit textual, audio, and / or visual content and information, including comments and feedback related to the Services, support requests and project submissions for contests and promotions. upload, publish, or otherwise make available to BeMup through the Services. (“User Content”). Any User Content provided by you remains your property. By providing the User Content to BeMup, you grant BeMup a worldwide, perpetual, irrevocable, transferable, royalty-free license with the right to sublicense, use, copy, modify, create derivative works from, distribute, publish display, perform publicly, or otherwise exploit in any format and distribution channels currently known or that would be developed later (including in relation to BeMup’s Services and activities and on external websites and Services), without further notification to or consent from you, and without a payment obligation to you or other persons or entities.
You hereby represent and warrant that: (i) you are either the sole and exclusive owner of all User Content, or that you own all rights, licenses, permissions, and necessary releases to grant BeMup the license for the User Content as set forth above; and (ii) neither the User Content, nor your submission, uploading, publishing, or in any way making available such User Content, nor BeMup’s use of the User Content as permitted herein is an infringement, improper or an offense of intellectual property or proprietary rights, as well as publication or privacy rights, of third parties, or will result in a violation of any applicable law or regulation.
You agree not to provide any User Content that is defamatory, defamatory, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by BeMup in its sole discretion, whether or not this material is protected by law. BeMup may, but will not be obliged to, review, verify or delete User Content at its sole discretion, at any time, for any reason, without notice to you.
Network Access and Devices.
You are responsible for obtaining access to the data network necessary for the use of the Services. Your mobile network information and SMS rates and fees may apply if you access or use the Services through a wireless device and you are responsible for such rates and fees. You are responsible for purchasing and updating compatible hardware or devices necessary for accessing and using the Services and applications and any additional updates thereto. BeMup does not guarantee that the Services, or any part thereof, will operate on certain hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the internet and electronic communications.
4. Payment
You understand that the use of the Services may incur costs for the services or goods you receive from an External Provider (“Costs”). After you have received services or goods obtained through your use of the Service, BeMup will provide your payment of the applicable Charges on behalf of the Third Party Provider in the capacity of an external and limited debt collection agent. Payment of the Costs in such manner is considered equivalent to a direct payment from you to the Third Party Provider. Costs include applicable taxes where required by law. The Fees paid by you are final and non-refundable, unless otherwise determined by BeMup. BeMup will respond accordingly to any Third Party request to change Costs for a particular service or product.
All Fees are due immediately and payment will be made possible by BeMup using your preferred payment method in your Account, after which BeMup will send you a receipt by email. If the primary payment method on your Account has expired, is invalid, or cannot be charged in any way, you agree that BeMup, in the capacity of a third-party collection agent, may use a secondary payment method in your Account, if available.
In accordance with the agreement between you and BeMup, BeMup reserves the right to determine, cancel and / or revise Fees for any or all services and goods obtained through the use of the Services at any time at BeMup’s sole discretion. You acknowledge and agree that applicable Fees in certain geographic areas may rise significantly at times of strong demand. BeMup will use reasonable endeavors to inform you of any Charges that may apply, provided that you are responsible for any Charges incurred in your Account whether or not you were aware of such Charges or their amount. BeMup may from time to time provide certain promotions and discounts to certain users, which may lead to different amounts charged for the same or similar services or goods obtained through the use of the Services, and you agree that such promotional offers and discounts, unless made available to you, will not affect your use of the Services or the Charges charged to you. You can choose to cancel your request for services and goods from an External Supplier at any time prior to the arrival of the External Supplier, in which case you may be charged a cancellation fee.
This payment structure is intended to fully compensate the External Supplier for the services or goods delivered. Except in respect of requested transportation services of the external transportation through the Application, BeMup will not allocate any part of your payment as a tip or gratitude to the Third Party Provider. Any statement by BeMup (on BeMup’s website, in the Application, or in BeMup’s advertising tools) that tips are “voluntary”, “not required” and / or “included” in payments you make for services provided or goods, is not intended to imply that BeMup provides additional amounts, other than those listed above, to the Third Party Supplier. You understand and agree that while you are free to make additional payments in gratitude to any Third Party Provider who provides you with services or goods obtained through the Service, you are in no way obliged to do so. Tips are voluntary. After you receive these services or goods through the Service, you will be given the opportunity to rate your experience and leave additional feedback regarding your Third Party Provider.
Repair and cleaning costs.
You are responsible for the cost of repair for damage to, or necessary cleaning of vehicles and property of, a Third Party as a result of your use of the Services under your Account, if it involves more than damage from “wear” and necessary cleaning ( “Repair or Cleaning”). In the event that a Third Party considers a Repair or Cleaning necessary, and such repair or cleaning request is verified by BeMup, at its sole discretion, BeMup reserves the right to make payment for the reasonable cost of the Repair or Cleaning on behalf of the External supplier by using your appointed payment method in your Account. Such amounts will be transferred by BeMup to the applicable Third Party Provider and are non-refundable.
Personal Data Protection Terms
This section of the Online Services Terms contains the following subsections:
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- Scope of
- Processing of Customer Data; ownership
- Disclosure of Customer Data
- Processing of personal data; GDPR
- Data
- Security Notification of Security
- and Location Data
- Retention and Deletion
- Processor Confidentiality
- Incidents Data TransferNotification and Measures Regarding the Use of SubprocessorsInstitutions
- Educational
- Business Partner HIPAA
- Contact BeMup
- Appendix A – Core Online Services
- Appendix B – Security Precautions
Scope
The Terms in this Article (“ Data protection provisions ”) apply to all Online Services.
Previews may use fewer or different privacy and security measures than those commonly used for the Online Services. Unless otherwise indicated, Previews are not included in the SLA for the corresponding Online Service, and Customer may not use Previews to process Personal Data or other data subject to legal or regulatory compliance requirements. The following provisions in this article (“Personal Data Protection Terms”) do not apply to Previews: Processing of Personal Data; GDPR, Data Security.
Appendix 1 contains the terms and conditions that apply to Professional Services, including the privacy and security of Support Data and Personal Data in connection with the provision of these services. Therefore, the provisions of this section (“Personal Data Protection Terms”) do not apply to the provision of Professional Services unless expressly declared applicable in Schedule 1.
Processing of Customer Data; ownership
Customer data is only used or otherwise processed to provide the Customer with the Online Services, including purposes consistent with the provision of those services. BeMup will not use or otherwise process Customer Data or derive information from it for any advertising or similar commercial purposes. The Client retains all rights, ownership and interests in relation to the Client’s Data between parties. BeMup does not acquire any rights with regard to the Customer’s Data, other than the rights that the Customer grants BeMup to provide the Online Service to the Customer. This paragraph does not affect BeMup’s rights with regard to the software or services for which BeMup licenses the Customer.
Disclosure of Customer
Data BeMup will not disclose Customer Data outside of BeMup or its controlled subsidiaries and affiliates, except (1) as directed by Customer (2) as described in the Online Services Terms or (3) if there is a legal obligation to do so.
BeMup will not disclose Customer Data to investigative authorities unless required by law. If investigative authorities contact BeMup to request Data from the Customer, BeMup tries to refer them to request that data directly from the Customer. If BeMup is obliged to disclose the Client’s Data to investigative authorities, BeMup will inform the Client and provide a copy of the claim, unless this is not permitted by law.
Upon receipt of any other request from third parties for Data from the Customer, BeMup will immediately notify the Customer, unless this is not permitted by law. BeMup will reject the request, unless BeMup is legally obliged to comply with the request. If the request is well-founded, BeMup will try to refer the third party so that it can request the data directly from the Customer.
BeMup will not provide third parties with any of the following: (a) direct, indirect, total or unlimited access to Customer Data; (b) the platform encryption keys used to secure the Client’s Data or means to break this encryption; or (c) access to Customer Data if BeMup is aware that this data will be used for purposes other than those specified in the third party’s request.
In support of the above, BeMup may provide Customer’s basic contact information to the third party.
Processing of personal data; GDPR
Personal Data given to BeMup by or on behalf of the Customer through the use of the Online Service are also Data of the Customer. Pseudonymized identifiers may also be generated by the Customer’s use of the Online Services, and these are also Personal Data. Insofar as BeMup acts as a processor or sub-processor of Personal Data subject to the GDPR, the GDPR conditions in Appendix 4 apply to that processing and the parties also agree to the following conditions in this paragraph (“Processing of personal data; GDPR”) :
Roles and responsibilities of the processor and the controller
The Client and BeMup agree that the Client is the controller and BeMup the processor with regard to the data, except in cases where (a) the Client acts as a processor of Personal Data, in which case BeMup is a sub-processor, or (b) is otherwise specified in the Specific Terms for Online Services. BeMup processes Personal Data only on documented instructions from the Customer. Customer agrees that Customer’s volume license agreement (including the Online Services Terms), together with the use and configuration of Online Services features, are complete and final documented instructions from Customer to BeMup for the processing of Personal Data. Any additional or alternative instructions must be accepted according to the process for changing the Client’s volume licensing agreement. In any case where the GDPR applies and the Client acts as a processor, the Client guarantees to BeMup that the instructions of the Client, including the appointment of BeMup as a processor or sub-processor, are authorized by the relevant controller.
Details regarding the processing
The parties acknowledge and agree to the following:
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- The subject of the processing is limited to Personal Data within the scope of the GDPR;
- The duration of the processing is for the duration of the Customer’s right to use the Online Service and until all Personal Data has been removed or returned in accordance with the Customer’s instructions or the provisions of the Online Services Terms;
- The nature and purpose of the processing is the provision of the Online Service under the Customer’s volume license agreement;
- The types of Personal Data processed by the Online Service include the types described in Article 4 of the GDPR; and
- The categories of data subjects are representatives and end users of the Customer, such as employees, contractors, employees and customers.
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Data subjects’ rights; assistance with requests
BeMup makes the Personal Data of data subjects available to the Customer in a manner that is consistent with the functionality of the Online Service and the role of BeMup as processor, and makes it possible to comply with requests from data subjects for their rights under of the GDPR. BeMup will comply with reasonable requests from the Customer to assist in responding to such requests from a data subject. If BeMup receives a request from a data subject of the Customer to use one or more rights under the GDPR in connection with an Online Service for which BeMup acts as a data processor or sub-processor, BeMup will refer the data subject to send the request directly to the Target customer. The Customer is responsible for responding to such a request, including by using the functionality of the Online Service, if necessary. BeMup will comply with reasonable requests from the Customer to assist in responding to such requests from a data subject.
Register of processing activities
BeMup maintains all registers required by Article 30 (2) of the GDPR and, where applicable to the processing of Personal Data on behalf of the Customer, makes these available to the Customer upon request.
Data
security Security measures and policy
BeMup will implement and maintain appropriate technical and organizational measures to protect the Customer Data and Personal Data. These measures are described in a BeMup Safety Policy. BeMup discloses that policy to the Customer, along with descriptions of the security measures used for the Online Service and other information regarding BeMup’s security measures and safety policies that the Customer reasonably requests.
Responsibilities of the Customer
The Customer is solely responsible for the independent determination of whether the technical and organizational measures for an Online Service meet the requirements of the Customer, including the safety obligations under the GDPR or other applicable laws and regulations regarding the protection of personal data. The Customer acknowledges and agrees that the security measures and security policies implemented and maintained by BeMup provide a degree of security consistent with the risk associated with the Personal Data, taking into account the state of the art, the implementation costs , and the nature, scope, context and purposes of the processing of the Personal Data, as well as the risks to individuals. The customer is responsible for implementing and maintaining the privacy protection and security measures for components provided or managed by the customer (such as devices registered with BeMup Intune or within a customer’s virtual BeMup Azure machine or application).
Compliance check
BeMup performs checks on the security of the computers, the computer environment and the physical data centers used to process Customer Data and Personal Data, as follows:least
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- Where a standard or framework for checks is in force, atAt least once a year an audit is carried out according to this standard or framework.
- Each audit is conducted in accordance with the standards and rules of the regulatory or approving authority for the appropriate auditing standard or framework.
- Each audit is performed by qualified, independent external security auditors selected and paid by BeMup.
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Each audit results in the preparation of an audit report (“BeMup audit report”). BeMup makes these reports available for inspection at https://servicetrust.Bemup.club/ or at another location designated by BeMup. The BeMup Audit Report is considered Confidential Information of BeMup and contains a clear description of any material findings by the auditor. BeMup will promptly address issues identified in the BeMup Audit Report to meet the auditor’s requirements.
If requested by the Client, BeMup will provide each BeMup audit report to the Client. The BeMup audit report is subject to the confidentiality and dissemination restrictions of BeMup and the auditor.
If the Client has entered into an agreement with BeMup that includes the Model Contractual Clauses, or if the GDPR Terms and Conditions apply, the Client agrees to exercise its control rights by instructing BeMup to perform the audit as described in this section of the Online Services Terms. If the Customer wishes to change this instruction, the Customer has the right to do so as described in the Model Contractual Clauses and the GDPR Conditions. This change must be requested in writing.
If the Model Contractual Clauses apply, this section applies in addition to Clause 5, paragraph f and Clause 12, paragraph 2 of the Model Contractual Clauses.
Nothing in this section of the Online Services Terms constitutes a derogation or modification of the Model Contractual Clauses or the GDPR Terms or affects the rights of regulatory authorities or data subjects under the Model Contractual Clauses or GDPR Terms. BeMup Corporation is an intended third party beneficiary of this provision.
SecurityNotification
IncidentIf BeMup is aware of a security breach that results in the accidental or unlawful destruction, loss, alteration, or unauthorized disclosure or access of Customer Data or Personal Data currently being processed by BeMup (each a “Security Incident”), BeMup will immediately and without undue delay (1) notify the Customer of the Security Incident; (2) investigate the Security Incident and provide Customer with detailed information about the Security Incident; and (3) take reasonable steps to mitigate the consequences and mitigate damage arising from the Security Incident.
Security Incident notification (s) are sent to one or more administrators of the Customer by a method chosen by BeMup, including by email. It is the full responsibility of the Client to ensure that the administrators of the Client maintain their accurate contact information on each applicable Online Services portal. Customer is solely responsible for compliance with its obligations under the Incident Notification Laws applicable to Customer and for fulfilling its obligations regarding notification of Security Incidents to third parties.
BeMup will use reasonable efforts to assist the Customer in fulfilling the Customer’s obligations under Article 33 of the GDPR or other applicable laws or regulations to notify the relevant supervisory authority and data subjects of such a Security Incident .
BeMup’s obligation to report Security Incidents and take steps under this provision does not acknowledge BeMup’s failure or liability in connection with the Security Incident.
Customer must promptly notify BeMup of any potential misuse of Customer’s accounts or credentials or security incidents related to an Online Service.
Data and location
data
Except as otherwise described in the Terms of Online Services to Data Customer and Personal BeMup processed on behalf of the customer, be transferred and stored and processed in the United States and other countries where BeMup or its sub-processors working . The Customer designates BeMup to perform this transfer of Customer Data and Personal Data to one of these countries, and the storage and processing of Customer Data and Personal Data, for the provision of the Online Services.
Any transfer of Customer Data outside the European Union, the European Economic Area and Switzerland by the Core Online Services is subject to the Model Contractual Clauses in Appendix 3, unless the Customer has indicated that it wishes these provisions not to apply.
BeMup will comply with the requirements of the legislation on the protection of personal data of the European Economic Area and Switzerland regarding the collection, use, transfer, storage and other processing of Personal Data from the European Economic Area and Switzerland. All transfers of Personal Data to a third country or an international organization are subject to appropriate security mechanisms, as described in Article 46 of the GDPR, and such transfers and security mechanisms are documented in accordance with Article 30 (2) of the GDPR.
BeMup agrees to notify the Customer if BeMup finds that BeMup is no longer able to meet its obligation to provide the same level of protection required by the Privacy Shield Principles.
Location of Customer Data at-rest
In the case of Core Online Services, BeMup stores Customer Data at-rest in certain major geographic areas (each a Geo), as follows:
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- BeMup Online Services. All data is stored within the European Union
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BeMup imposes restrictions on the regions from which the Customer or the end users of the Customer may consult or move Customer data.
Retention and Deletion of Data
At any time during the term of the Client’s subscription, the Client has the ability to access, retrieve and delete Client Data stored in the Online Services.
Except in the case of free trial versions and LinkedIn services, BeMup will store Customer Data left in the Online Service for 90 days from the expiration or termination of Customer’s subscription in an account with limited functionality so that Customer can pick up. After the 90-day retention period has expired, BeMup will close the Client’s account and the Client’s Data and Personal Data will be deleted within another 90 days, unless applicable law permits or requires BeMup, or this agreement authorizes BeMup to keep data.
The Online Service may not support the storage or retrieval of software provided by the Customer. BeMup is not liable for the deletion of Customer Data or Personal Data, as described in this article.
Confidentiality of the processor
BeMup will ensure that the personnel used for the processing of Customer Data or Personal Data (i) will only process it on the instructions of the Customer, and (ii) will be obliged to maintain the confidentiality and security of the monitor data, even after the employment contract with them has ended.
Notice and Measures Regarding Use of Subprocessors
BeMup may hire third parties to provide certain limited or additional services on BeMup’s behalf. The Client agrees to the engagement of these third parties and BeMup Affiliates as Subprocessors. The above authorizations constitute the prior written consent of the Customer for the outsourcing of the processing of Customer Data and Personal Data by BeMup if this permission is required under the Model Contract Terms or the GDPR Terms.
BeMup is responsible for complying with BeMup’s obligations under the Sub-Processor’s Online Services Terms. BeMup makes information about Sub-processors available on a BeMup website. When BeMup engages a Subprocessor, BeMup will ensure, by means of a written contract, that the Subprocessor may only consult and use the Client Data or Personal Data for the provision of the services for which BeMup has hired the Subprocessor and the Client Data and Use personal data for no other purpose. BeMup will ensure that Sub-processors are bound by written agreements that oblige them to provide at least the same level of protection for personal data as is required of BeMup under the Online Services Terms.
Occasionally BeMup may engage new Sub processors. BeMup will notify the Client of any new Subprocessors (by updating the website and providing the Client with a mechanism to notify the Client) at least 14 days before a new Subprocessor is granted access to Customer Data or Personal Data. of this change). However, in the case of Core Online Services, BeMup will notify the Customer of any new Subprocessors (by updating the website and providing the Customer) at least 6 months before a new Subprocessor is granted access to Customer Data or Personal Data. of a mechanism to be notified of this change).
If Customer does not approve a new Subprocessor, Customer may terminate a subscription to the relevant Online Service without penalty by submitting a written notice of termination explaining the reasons for not providing before the end of the relevant notification period. the approval. If the affected Online Service is part of a suite (or similar single purchase of services), the termination will apply to the entire suite. Upon termination, BeMup will remove payment obligations for subscriptions to the terminated Online Service from subsequent invoices to the Customer or its reseller.
The Client understands that BeMup has little or no contact information of the Client’s students and the parents of students. Therefore, the Client is responsible for obtaining parental consent to use the Online Services by the end user, to the extent such consent is required under applicable law, and the Client will provide students (or, for students under 18 years who are not attending a higher education institution, the parents of the student) on behalf of BeMup, of a court order or lawfully issued subpoena requiring the disclosure of Customer Data held by BeMup, where required by applicable law is mandatory.
Contact BeMup
If Customer believes that BeMup is not keeping its privacy or security promises, Customer can contact Customer Support at info@bemup.club. The postal address of BeMup is:
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- BeMup Support
- Slijkenburg 27
- 8489KR Slijkenburg
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5. Disclaimers; Limitation of Liability; Damages.
DISCLAIMER.
THE SERVICES ARE PROVIDED “AS CURRENT” AND “AS AVAILABLE”. BEMUP DISCLAIMS ANY REPRESENTATIONS, EXPRESS, IMPLIED OR STATUTORY, EXPRESSLY DESCRIBED IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A SPECIFIC PURPOSE AND NON-INFRINGEMENT. FURTHERMORE, BEMUP MAKES NO REPRESENTATION, WARRANTY, OR WARRANTY OF THE RELIABILITY, TIMELINESS, QUALITY, FITNESS, OR AVAILABILITY OF THE SERVICES OR REQUESTED SERVICES OR GOODS, THAT OF THE SERVICE, OR THE LESSONS OF SERVICE. BEMUP DOES NOT WARRANT THE QUALITY, FITNESS, SAFETY, OR CAPACITY OF EXTERNAL SUPPLIERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY OF THE SERVICES OR PRODUCT REQUESTED FOR IT IS COMPLETELY FOR YOUR ACCOUNT TO THE MAXIMUM EXTENT PERMITTED BY LAW.
LIMITATION OF LIABILITY.
BEMUP SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, COPY, CONSEQUENTIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGES IN CONNECTION WITH OR CONSEQUENTLY CONTAINED IN CONNECTION WITH. EVEN IF BEMUP WAS ALERTED ABOUT THE POSSIBILITY OF SUCH DAMAGES. BEMUP IS NOT LIABLE FOR ANY DAMAGES, LIABILITIES OR LOSSES ARISING FROM: (I) YOUR USE OF OR DEPENDENCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (II) FOR ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY EXTERNAL SUPPLIER, EVEN IF BEMUP OF THE POSSIBILITY HAS BEEN WARNED OF SUCH DAMAGES. BEMUP IS NOT LIABLE FOR ANY DELAY OR DEFICIENCY RESULTING FROM CAUSES OF WHICH BEMUP IS NOT REASONLY INFLUENCED. YOU ACKNOWLEDGE THAT EXTERNAL TRANSPORT SUPPLIERS PROVIDING TRANSPORT SERVICES REQUESTED THROUGH CERTAIN BRANDS MAY OFFER RIDESHARING OR PEER-TO-PEER TRANSPORT SERVICES AND MAY NOT HAVE ANY PROFESSIONAL LICENSE OR AUTHORIZATION. IN NO EVENT SHALL BEMUP’S TOTAL LIABILITY IN RESPECT OF YOU AND THE SERVICES FOR ALL DAMAGES, LOSS AND MEASURES EXCEED FIVE HUNDRED EURO (€ 500).
THE SERVICES OF BEMUP MAY BE USED BY YOU TO REQUEST AND PLAN TRANSPORT, GOODS OR LOGISTICS SERVICES WITH EXTERNAL SUPPLIERS, BUT YOU AGREE THAT BEMUP IS NOT RESPONSIBLE OR LIABLE FOR ANY GOODS IN RESPECT OF ANY GOODS OF ANY KIND OF GOODS. WHICH ARE SUPPLIED TO YOU BY EXTERNAL SUPPLIERS UNLESS EXPRESSLY EXPRESSED IN THESE TERMS.
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION 5 ARE NOT INTENDED TO LIMIT THE LIABILITY OR YOUR CONSUMER RIGHTS THAT CANNOT BE EXCLUDED BY APPLICABLE LAW.
Damages.
You agree to indemnify BeMup and its officers, directors, employees and agents from any and all claims, claims, losses, liabilities and expenses (including attorney’s fees) arising out of or relating to: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) BeMup’s use of your User Content; or (iv) your violation of the rights of third parties, including a Third Party Provider.
6. Applicable law; arbitration.
Unless otherwise provided in these Terms, these Terms are subject only to and must be construed in accordance with the laws of the Netherlands, excluding provisions regarding conflicts of law. The Vienna Convention on the International Sale of Goods of 1980 (CISG) does not apply. Any dispute, conflict, claim or conflict, arising out of or in connection with or relating to the Services or these Terms, including those in terms of validity, composition or enforceability (any “Dispute”), must first be subject to mandatory to mediation procedures under the International Chamber of Commerce Mediation Procedural Rules (“ICC Mediation Rules”). If no settlement has been reached for such Dispute within sixty (60) days of the submission of the request for mediation under the ICC Mediation Rules, such Dispute may be referred to and resolved exclusively by arbitration under the Rules of Arbitration of the International Chamber of Commerce (“ICC Arbitration Rules”). The provisions of the ICC’s Arbitrator are excluded. The Dispute will be decided by one (1) arbitrator appointed under the rules of the ICC. The place of both mediation and arbitration is Amsterdam, the Netherlands, without prejudice to any rights you have under Article 18 of the Brussels Ia Regulation (OJ EU 2012 L351 / 1) and / or Article 6: 236n of the Dutch Civil Code can have. The language of the mediation and / or arbitration will be English unless you do not speak English, where the mediation and / or arbitration will be conducted in both English and your mother tongue. The existence and content of the mediation and arbitration procedures, including documents and mandates submitted by the parties, correspondence with and from the ICC, mediator’s correspondence and correspondence, decisions and awards issued by the sole arbitrator, shall remain strictly confidential and may not be disclosed to third parties without the express consent of the other party, unless: (i) their disclosure to third parties is reasonably required in the context of mediation or arbitration proceedings; and (ii) the third party unconditionally agrees in writing to be bound by the confidentiality obligation as set forth herein.
7. Other Terms
Notification.
BeMup may send notice through a general notice on the Services, email to your Account email address, or by written notice sent to your address as shown in your Account. You can send BeMup a notice by written notice to BeMup’s address at Slijkenburg 27, 8489KR Slijkenburg, The Netherlands.
General.
You may not assign or transfer these Terms in whole or in part without the prior written permission of BeMup. You consent to BeMup assigning or transferring these Terms in whole or in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer of BeMup’s equity, business activities or assets; or (iii) a successor through a merger. There should be no joint venture, partnership, employment, or agency agreement between you, BeMup or Third Party Suppliers as a result of the contract between you and BeMup or use of the Services.
If any of the provisions of these Terms are deemed illegal, invalid or unenforceable in whole or in part, such provision or part thereof shall be deemed not to form part of these Terms, but the legality, validity and enforceability of the rest of these Terms remain in full force. In that case, the parties will replace the (illegal), invalid and unenforceable (part of the) provision with a (part of a) provision that is legal, valid and enforceable and that has a similar effect to the greatest possible extent as the (un) illegal, invalid or unenforceable (part of the) provisions, regarding the content and purpose of these Conditions. These Terms include the entire Agreement and the agreement of the parties to its subject matter and supersedes and supersedes all prior or contemporaneous agreements or understandings of such subject matter. In these Terms, the words “included” and “include” mean “included, but not limited to”.
Definitions
If one or more of the terms below are not defined in Customer’s volume licensing agreement, the definitions below apply.
“Core Online Services” means the Online Services listed in Appendix A of the Personal Data Protection Terms.
“Customer Data” means all data, including all text, sound, video and image files and software provided to BeMup by, or on behalf of, Customer through the use of the Online Service by the customer. Support Data is not part of Customer Data.
“External User” means a user of an Online Service who is not an employee, internal subcontractor, or internal agent of the Customer or its Affiliates.
“General Data Protection Regulation” or “GDPR” means the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46 / EC.
“GDPR Terms” means the provisions in Annex 4, under which BeMup enters into binding obligations regarding the processing of Personal Data by BeMup, as required by Article 28 of the General Data Protection Regulation.
“Instance” is a software image created by performing the software installation procedure or by making a copy of such an image.
“Licensed Device” means the single physical hardware system to which a license is assigned. For the purposes of this definition, a hardware partition or blade is considered a separate device.
“Non-BeMup Product” means software, data, services, websites or products offered under the brand name of a third party, unless integrated by BeMup into an Online Service.
“Online Service” means a service hosted by BeMup to which Customer subscribes under a BeMup volume licensing agreement, including the services listed in the Online Services section of the Product Terms. This does not include software and services offered under separate license terms (for example, through a gallery, marketplace, console or dialog). The Product Terms are located at http://go.Bemup.club/?linkid=9839207.
“Operating System Environment” (OSE) or Operating System Environment means all or part Instance of an operating system, or all or part virtual (or otherwise emulated) Instance of an operating system environment that has a separate identity of a device (primary computer name or similar unique identification) or allows separate administrator rights, and Instances of applications, if any, that are configured to run on all or part of the operating system Instance. There are two types of OSEs: physical and virtual. A physical hardware system can consist of one or more physical OSEs and / or one or more virtual OSEs. The Instance of the operating system used to run hardware virtualization software or provide hardware virtualization services is considered part of the physical OSE.
“Online Services Terms” means these Online Services Terms.
“Personal Information” means any information related to an identified or identifiable natural person. An identifiable natural person is a person whose identity can be determined directly or indirectly, in particular by means of an identity designation such as a name, an identification number, location data, online identifier or one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of the natural person concerned.
“Previews” means preview versions, beta versions or other pre-release features, data center locations and services offered by BeMup for optional evaluation.
“Professional Services” means BeMup technical support and advisory services (eg, for data migration) related to an Online Service.
“SL” stands for Subscription License and means subscription license.
“Standard contractual clauses” means the standard clauses for the protection of personal data that relate to the transfer of personal data to processors located in third countries that do not ensure an adequate level of protection of personal data, as described in Article 46 of the GDPR. The Model Contractual Clauses are set out in Appendix 3.
“Subprocessors” means other processors used by BeMup to process data.
“Support Information” means any information, including text, sound, video, image, or software files provided to BeMup by or on behalf of Customer (or for which Customer authorizes BeMup to retrieve it from a Online Service) under an agreement with BeMup to obtain technical support for Online Services covered by this agreement.
The terms “data subject”, “processing”, “processor” and “supervisory authority” as used in this document have the meanings given to them in the GDPR, and the terms “data importer” and “data exporter” have the meanings given in the Model Contractual Clauses.
Appendix A – Core Online Services
The term “Core Online Services” applies only to the services listed in the table below, excluding any Previews.
| Online Services | |
|---|---|
| BeMupSubscription | Mobility |
Appendix B – Security measures
BeMup has implemented and will maintain the following security measures for Customer Data in the Core Online Services. This, together with the security measures in these Terms & Conditions are the sole responsibility of BeMup related to the security of the data.
| Domain | Practices |
|---|---|
| Structure of data |
|
| Asset Management |
|
| Human Resources |
|
| Physical and environmental security |
|
| Management of communication and operational activities |
|
| AccessAccess |
|
| Incident management data security Incident |
|
| Businessmanagement |
|