CONDITIONS RELATED TO THE CONTRACTUAL OBLIGATIONS FOR USING THE DATABROKER SITE AS DATA PROVIDER
DATABROKER is the owner and operator of a platform below called "site" to promote Data Offers and Data Products of Data Provider. The Data Provider is interested in the services of DATABROKER and wants to use the platform to promote its Data Offers and Data Products over the internet. The Data Products will be presented, and some offered for sale to users (hereinafter referred as "Customers") who will visit the site and will, according to their wish, do the purchase of the Data Product(s) from the Data Provider (hereinafter referred as “Data Provider”).
Data Provider : the user placing Data Offers and/or Data Products on the DATABROKER site.
Data Offer : any information in relation to the services provided by the Data Provider.
Data Product : any type and format of data provided by the Data Provider and available for Customers to order on the DATABROKER site.
Customer : a user of the DATABROKER site interested in the Data Offer(s) or Data Product(s) of a Data Provider.
Personal Data : any and all information concerning an identified or identifiable natural person.
Price : the sales price of a Data Product encoded by a Data Provider on the DATABROKER site.
Deal : any Data Product sold to a Customer through the DATABROKER site.
DXC (Data Exchange Controller) : a DATABROKER developed and owned software, provided as a service to Data Provider for delivering Data Products to Customers;
Commission: any amount received by DATABROKER for using the DATABROKER services.
This agreement aims to define the contractual relationships between DATABROKER and the Data Provider and the conditions applicable to any purchase made by Customers, through the site of DATABROKER (www.databroker.online ) or all associated site, whether the Customer being a professional or consumer. The sale of a Data Product through the site implies unreserved acceptance by the Data Provider of the provisions of this agreement. DATABROKER and his site uses trademarks which are the property of SettleMint NV and/or its leaders. The Head Office of SettleMint NV is located to Arnould Nobelstraat 38, 3000 LEUVEN (Belgium), Reg BE 0661.674.810. Any reference to DATABROKER concerns only the rights and obligations of SettleMint NV. If DATABROKER does not invoke a provision of the present contract at any given time, it can never be interpreted as a renunciation on its part to use later. This Agreement essentially concerns the relationship between the Data Provider of Data Products on the site(s) of DATABROKER and DATABROKER. DATABROKER has no contractual relationship with clients, which only contract with the Data Provider. DATABROKER does promote the Data Products of the Data Provider on the Internet. The Data Provider has perfect knowledge of the general sales conditions of DATABROKER. The Data Provider undertakes that its own terms are not in contradiction with those of DATABROKER and comply with the legal provisions and the case law.
2.1 - sales of data to Customers through the site of DATABROKER
2.2 - other services offered by DATABROKER to Data Providers
DATABROKER may propose other services to the Data Provider, for the promotion of Data Products on the site. Unless otherwise stated, these services are ordered via the administration interface to which the Data Provider has access to the site of DATABROKER, and delivered as soon as payment is received by the Data Provider. DATABROKER will make every effort to ensure the continuity of these services, but cannot be held responsible for the failure (delay, interruption of service...) to provide these services to the Data Provider.
Prices for Data Products are listed in euros, all taxes and VAT included. The Price of the Data Product published at the time of a Deal will be the one applicable to the Customer and for the Commission calculation (see Article 6 – Payment Terms). At the request of the Customer, the Data Provider will establish an invoice showing the VAT information applicable to the Customer’s country and organization. The Data Provider authorizes optionally DATABROKER to generate invoices in the name and for the account of the Data Provider.
The Customer who wishes to close a Deal, purchase a Data Product from the Data Provider, must:
The order confirmation leads to acceptance of the terms and conditions of DATABROKER and the Data Provider, the confirmation of knowledge and the waiver of its own conditions of purchase or other conditions. All of the data supplied by the Data Provider and recorded payment shall be evidence of the transaction. The confirmation will be worth signature and acceptance of the transaction performed. DATABROKER communicate to the Customer by e-mail and/or by its administration interface the recorded order confirmation and receipt of payment. DATABROKER will immediately communicate the purchase to the Data Provider, who agrees to deliver the order immediately. The Data Provider is not allowed to deliver the Data Product before DATABROKER confirmed the order receipt and payment from the buyer.
The Customer enjoys a warranty period of thirty days from the receipt of the order. During this period, the Customer can complain to DATABROKER for non-reception or non-compliance of the Data Product from the Data Provider.
In case of dispute, DATABROKER will act as arbitrator and aim to provide a neutral and cost-effective means of resolving the dispute quickly between the Customer and the Data Provider. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. As a result, DATABROKER might decide to cancel the order, partly or fully refund the Customer.
Electronic payments will be made by the Customer exclusively by credit card or by any other means accepted by DATABROKER. The electronic payments will be made through a secure system which uses protocol SSL (Secure Socket Layer) so that the transmitted information is encrypted by a software and that no third party can take knowledge of the financial transaction. The Data Provider gives, by signing this contract, explicit authorization to DATABROKER to collect the price of all transactions on his behalf and convert it to an equivalent digital currency token “DTX” (DaTa eXchange : CoinMarketCap) according the market value at the time of the transaction. Within 30 days following the payment reception from the Customer, DATABROKER will transfer the amount of DTX to the Data Provider wallet, deducted with a Commission of 10% tax included applied on the total amount of sales. DATABROKER will send an invoice mentioning the transactions and related Commission to the Data Provider every 1St of the month. The Data Provider shall be solely responsible for the compliance of such bills with the legislation in force. If applied by DATABROKER, the invoice will be available in the Customer's account and sent by e-mail. DATABROKER may withhold from any sale of a section of the Data Provider, any amount due by the Data Provider in any capacity whatsoever, and even about past transactions. Any amount owing by the Data Provider to DATABROKER and unpaid on the due date will be increased compensation of 10% with a minimum of EUR 100, in addition to court costs and interest on arrears at the rate of 3%, all started months due. DATABROKER reserves in this case the right to suspend the account of the Data Provider.
DATABROKER, in the process of online selling, is bound by an obligation of means and not results; its responsibility could not be committed for a damage resulting from the use of Internet network such as loss of data, intrusion, virus, service disruption, or other involuntary problems. DATABROKER cannot be responsible for a breach of Data Product delivery of the Data Provider. The Data Provider assumes the full liability related to the Data Product he offers for sale on the site of DATABROKER. The Data Provider will hold free DATABROKER of any claim of Customers or third parties, relating to the Data Product offered by the Data Provider, regardless of the nature or the subject of the complaint. The Data Provider will ensure at all times that its terms and conditions and business practices conform to the law.
All elements of the DATABROKER site are and remain the intellectual and exclusive property of DATABROKER. No one is allowed to reproduce, exploit, repeat, or use in any capacity whatsoever, even partially, elements of the site, software, visual or sound. Any reference to DATABROKER to external is strictly forbidden without an express written and prior agreement of DATABROKER.
In accordance with the law, to personal information about Customers will be able to subject to automated treatment. DATABROKER reserves the right to collect information about the Customers, including by using cookies, exclusively for the purpose of promotion of its activities, the Data Providers and their Data Products. Customers can oppose the disclosure of their details by pointing it to DATABROKER. Similarly, users have a right to access and rectify the data concerning them, by sending a registered letter with acknowledgment of receipt to Settlemint nv, Arnould Nobelstraat 38, 3000 LEUVEN (Belgium). The Data Provider has no access right to the Customers related data on the DATABROKER site, with the exception of data needed for sale and billing. The ' Annex A ' to this contract defines the conditions for the processing of data between DATABROKER and Data Provider and more particularly towards GDPR (General Data Protection Regulation).
DATABROKER archived purchase orders and invoices on a reliable and durable support constituting a copy faithful. The computerized registers of DATABROKER will be considered by the parties as proof of communications, orders, payments and transactions occurred between the Customer and the Data Provider.
The present contract is concluded for a period of one year from the date of its signature. He will be tacitly renewed for periods of one year, unless notice notified by one party to the other party by registered letter, 3 months at least before the contractual deadline. It may be terminated immediately, without notice or compensation, in the event that a party does not respect commitments made under this agreement. From termination of the contract, regardless of the cause, or for non-payment of the amounts due, DATABROKER may withdraw temporarily or permanently from its site any mention about the Data Provider, as well as all the items of the latter. The Data Provider will remain nevertheless bound to all the commitments made, particularly with respect to buyers.
Except in case of fault, any termination contract terminated will continue to produce its effects until the end of the ongoing contractual period. At all times, the Data Provider will ensure DATABROKER of any remedy exercised against DATABROKER by a Customer, and will indemnify DATABROKER any damage then a fault or a liability of the Data Provider.
The english text of these general conditions will be only between parties. The text communicated to the Customer in a language other than English (on the website or by any other means) is transmitted as strictly commercial and informative.
The present contract is subject to Belgian law. The parties agree that any disagreement or dispute relating to this agreement or arising out of its interpretation or its application will be submitted to mediation, without prejudice to any possible measures. To this effect, the parties hereto agree to participate at a mediation meeting delegating a person with decision-making power. The Chartered mediator will be chosen by the parties among the mediators approved by the SPF Justice (Belgian Ministry of Justice). Failing amicable agreement, any dispute under execution or interpretation of this agreement will be of the exclusive competence of the courts of the judicial arrondissement of Brussels (Belgium), regardless of the domicile or headquarters of the Data Provider.
CONDITIONS RELATED TO THE PROCESSING OF PERSONAL DATA AND GENERAL DATA PROTECTION REGULATION (GDPR)
The Data Provider and DATABROKER are bound by one or more contract (s) involving DATABROKER of data treatment personal data on behalf of the Data Provider. The Data Provider and DATABROKER wish to ensure that relevant policies include appropriate conditions to ensure that compliance with the respective obligations of the parties in the protection of data. The objective of this agreement is to define certain conditions to be applied to the treatment of the personal data.
Terms used in this article concerning the treatment of data:
When used in this clause relating to the processing of data, the following terms shall have the same meaning as in regulation of Data Protection:
With respect to the treatment of the personal data under this agreement, the parties acknowledge and agree to the fact that:
DATABROKER accepts and processes the personal data in accordance with the terms of this agreement
Under the agreement, DATABROKER can provide Services related to one or more of the following activities:
as agreed, upon in detail from time to time between the Data Provider and DATABROKER. This may involve the processing of personal data by DATABROKER on behalf of the Data Provider under the provision of the Services concerned, including Data Providers or to personnel of the Data Provider or other personal data people with whom the Data Provider deals in its activities (such as that can be described in more detail in this Agreement).
The treatment to be performed by DATABROKER is as follows:
The Data Provider and DATABROKER will comply (and shall ensure that their staff and/or their subcontractors comply) to the data protection regulations.
The Data Provider and DATABROKER shall notify each other the person within their organization who is authorized to respond to enquiries concerning the personal data and the treatment that is the subject of this agreement from time to time. The Data Provider and DATABROKER will have to process these applications quickly and reasonably.
With respect to the treatment of the personal data under this agreement, DATABROKER will have to:
treat the personal data (including during an international transfer of the personal data) only to the extent necessary to provide the Services and only in accordance with:
if any, with respect to all data to personal data processed as part of the agreement, cooperate with the Data Provider and assist him to ensure compliance with:
the obligations of the Data Provider under sections 32a 36 of the GDPR to:
DATABROKER will ensure that any subcontractor later that it committed to provide all services on its behalf under this agreement does only on the basis of a written contract that imposes such subsequent subcontractors of the conditions equivalent to those imposed by DATABROKER in this annex or other alternative conditions that may be agreed upon with the Data Provider (the "applicable requirements"). DATABROKER should ensure enforcement by the subsequent subcontractor of the applicable Conditions and will be directly responsible to the Data Provider for:
any act or omission of the subsequent subcontractor as a result
When the Data Provider gave DATABROKER a general authorization to hire subcontractors later, before hiring a new subsequent subcontractor under I' general authorization, DATABROKER will inform the Data Provider of any changes made and give the Data Provider the opportunity to oppose.
The Data Provider has the right to control and verify the compliance of DATABROKER with the Data Protection Regulations and with his treatment obligations data under this agreement at any time during regular hours opening. DATABROKER is committed to provide to the Data Provider all access, assistance and information reasonably necessary to allow the checks and inspections concerned. If the Data Provider believes that an on-site audit is necessary, DATABROKER agrees to give the Data Provider a reasonable access to its premises (subject to reasonable confidentiality and security) and all the personal data stored so all programs of treatment of data on site. The Data Provider has the right to perform the audit by a third party.
If DATABROKER transfer all personal data received from the vendor or on his behalf:
At the end of the provision of Services, DATABROKER shall, at the discretion of the Data Provider:
all data (including copies) personal data processed under this agreement, unless DATABROKER is legally required to keep copies of them.
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38 ARNOULD NOBELSTRAAT – 3000 LEUVEN – BELGIUM
COMPANY REGISTRATION BE 0661.674.810