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The service „Rentman“ is offered over the internet in the form of Software-as-a-Service by the company Rentman B.V.. The use of Rentman is subject to the below terms and conditions. The Data Processing Agreement forms part of these Terms of Use. Using Rentman constitutes acceptance of these terms and conditions.
Deviations from these terms and conditions is possible only by means of written confirmation by Rentman B.V..
Article 1. Use of the service
1.1. The service Rentman is offered for the purpose of office automation within your company, using the tools available from Rentman. You choose yourself how to employ the tools and for which specific purposes.
1.2. To use Rentman, you first need to register. After completing registration, you can directly log into your account and use the servce.
1.3. You must secure access to your account using the username and password against third parties. In particular you must keep the password strictly confidential. Rentman B.V. may assume that all actions undertaken from your account after logging in with your username and password is authorized and supervised by you. This means you are liable for these actions, unless and until you have notified Rentman B.V. that someone else knows your password.
1.4. Rentman allows you to process personal data. Rentman B.V. acts as a processor as that term is defined in the Dutch Data Protection Act; you are the controller. You indemnify and hold harmless Rentman B.V. against all claims by third parties in connection with this Act.
Article 2. Terms of use
2.1. It it is not permitted to use Rentman for any purpose that violates Dutch or other applicable law or regulation. This includes (among others) the storage or transmission of data using the service that is slanderous, libelous or racist.
2.2. In particular it is not permitted to use Rentman in a manner that causes a nuisance or hindrance for other users. This includes (among others) the use of personal scripts or programs for up- or downloading large amounts of data or the excessively often accessing the service.
2.3. Should Rentman B.V. discover that you violate any of the above, or receive a complaint alleging the same, Rentman B.V. will issue a warning. If the warning does not lead to an acceptable resolution, then Rentman B.V. may intervene to end the violation. In urgent of serious cases Rentman B.V. may intervene without warning.
2.4. If in the opinion of Rentman B.V. the continued functioning of the computer systems or network of Rentman B.V. or third parties is actually or under threat of being damaged or jeopardized, for example through excessive transmission of e-mail or other data, leaks of personal data or virus activity, Rentman B.V. may take all steps it deems reasonably necessary to end or avert such damage or jeopardy.
2.5. Rentman B.V. is at all times entitled to file a criminal complaint for any offenses committed through or using the service.
2.6. Rentman B.V. may recoup from you all damages it suffers as a result of your violation of these terms of use. You agree and hold harmless Rentman B.V. from all third-party claims arising out of your violation of these terms of use.
Article 3. Availability and maintenance
3.1. Rentman B.V. guarantees availability of the service 99,9% of the time.
3.2. Rentman B.V. actively maintains Rentman. In case maintenance is reasonably expected to negatively impact availability, Rentman B.V. shall carry out such maintenance at night (between 23:00 and 07:00 local time). Maintenance is announced in advance whenever possible. Emergency maintenance can take place at any time and without prior announcement.
3.3. Rentman B.V. may from time to time adapt Rentman. Your feedback and suggestions are welcome but ultimately Rentman B.V. decides which adaptations to carry out (or not).
Article 4. Intellectual property
4.1. The service Rentman, the accompanying software as well as all information and images on the website is the intellectual property of Rentman B.V.. None of these items may be copied or used without prior written permission of Rentman B.V., except and to the extent permitted by mandatory law.
4.2. Information you store or process using the service is and remains your property (or the property of your suppliers or licensors). Rentman B.V. receives a limited license to use this information for the service, including for future aspects thereof. You can cancel this license by removing the information in question and/or terminating the agreement.
4.3. If you send information to Rentman B.V., for example a bug report or suggestion for improvement, you grant Rentman B.V. a perpetual and unlimited license to use this information for the service. This does not apply to information you expressly mark as confidential.
4.4. Rentman B.V. shall refrain from accessing data you store or transfer using Rentman, unless this is necessary for a good provision of the service or Rentman B.V. is forced to do so by law or order of competent authority. In these cases Rentman B.V. shall use its best efforts to limit access to the information as much as possible.
Article 5. Compensation for the service
5.1. The use of certain functions of Rentman is subject to fees. The functions in question will inform you of the fees. The fee is due every month and must be paid in advance.
5.2. Payment is possible through direct debit order, by creditcard, or as explained further on the website.
5.3. Because the service is started directly at your express request, a payment cannot be refunded under the Distance Selling Act.
Article 6. Limitation of liability
6.1. Except in case of intentional misconduct or gross negligence the liability of Rentman B.V. shall be limited to the amount paid by you in the three months prior to the moment the cause of the damage occurred.
6.2. Rentman B.V. in no event is liable for indirect damages, consequential damages, lost profits, missed savings or damages through business interruption.
6.3. Damages may only be claimed if reported in writing to Rentman B.V. at most two months after discovery.
6.4. In case of force majeure Rentman B.V. is never required to compensate damages suffered by you. Force majeure includes among others disruptions or unavailability of the internet, telecommunication infrastructure, power interruptions, riots, traffic jams, strikes, company disruptions, interruptions in supply, fires and floods.
Article 7. Term and termination
7.1. This agreement enters into force as soon as you first use the service and then remains in force for a month.
7.2. After this period the agreement is silently renewed with successive terms of the same period. If you entered into this agreement as a consumer, you may after the first silent renewal terminate the agreement at any time with a notice period of one month, calculated from the moment of the notice. Non-consumers can terminate the agreement by the end of the term indicated in the previous clause with a notice period of one month.
7.3. Rentman B.V. is entitled to terminate the agreement if you have not used the service at all in the last 18 months. In such an event Rentman B.V. shall first send a reminder mail to the e-mail address connected to your account.
7.4. You can export the you store or process using the service at any time through the service interface.
Article 8. Changes to terms
8.1. Rentman B.V. may change or add to these terms and conditions as well as any prices at the start of a new payment period (as defined in 5.1).
8.2. Rentman B.V. shall announce through the service changes or additions at least thirty days before their taking effect.
8.3. If you do not want to accept a change or addition, you can terminate the agreement until the date the changes take effect. Use of Rentman after the date of effect shall constitute your acceptance of the changed or added-to terms and conditions.
Article 9. Miscellaneous provisions
9.1. Dutch law applies to this agreement.
9.2. Except to the extent determined otherwise by mandatory applicable law all disputes arising in connection with Rentman shall be brought before the competent Dutch court for the principal place of business of Rentman B.V..
9.3. For any clause in these terms and conditions that demand that a statement must be done „in writing“ to be legally valid, a statement by e-mail or communication through the Rentman service shall be sufficient provided with sufficient certainty the authenticity of the sender can be established and the integrity of the statement has not been compromised.
9.4. The version of any communication of information as recorded by Rentman B.V. shall be deemed to be authentic, unless you supply proof to the contrary.
9.5. In case any part of these terms and conditions are declared legally invalid, this shall not affect the validity of the whole of the agreement. The parties shall in such an event agree on one or more replacement provisions that approximate the original intent of the invalid provision(s) within the limits of the law.
9.6. Rentman B.V. is entitled to transfer its rights and obligations under this agreement to a third party as part of an acquisition of Rentman or the associated business activities.
This Data Processing Agreement (“DPA”) forms part of the Terms of Service and agreed to upon request while using or creating an User Account, together: the “Agreement”.
All capitalized terms not defined herein shall have the meaning set forth in the Terms of Use.
In the course of providing the Services under the Agreement, Rentman may Process certain Personal Data on behalf of Customer and where Rentman Processes such Personal Data on behalf of Customer the Parties agree to comply with the terms and conditions in this DPA.
1.1. "Controller" means the entity which determines the purposes and means of the Processing of Personal Data.
1.2. "Data Protection Laws" means all laws and regulations, including laws and binding regulations of the European Union, the European Economic Area and their member states, Switzerland and the United Kingdom, applicable to the Processing of Personal Data under the Agreement.
1.3. "Data Subject" means the identified or identifiable person to whom Personal Data relates.
1.4. "GDPR" means the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).
1.5. "Personal Data" means any information relating to an identified or identifiable natural person (Data Subject), to the extent that such information is protected as personal data under applicable Data Protection Laws and is submitted as Customer Data.
1.6. "Processing" means any operation or set of operations which is performed on Personal Data, whether or not by automatic means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
1.7. "Processor" means the entity which Processes Personal Data on behalf of the Controller.
1.8. "Rentman" means Rentman B.V., a limited liability company incorporated in Utrecht, The Netherlands.
1.9. "Subprocessor" means any entity engaged by Rentman to Process Personal Data in connection with the Services.
1.10. "Supervisory Authority" means an independent public authority which is established by an EU Member State pursuant to article 51 of the GDPR.
2.1. Processor and Controller. The parties acknowledge and agree that with regard to the Processing of Personal Data, Customer is the Controller, Rentman is the Processor and that Rentman will engage Subprocessors pursuant to the requirements set forth in Article 4 (Subprocessors).
2.2. Customer's Processing of Personal Data. Customer shall, in its use of the Services and provision of instructions, Process Personal Data in accordance with the requirements of applicable Data Protection Law. Customer shall have sole responsibility for the accuracy, quality, and legality of Personal Data and the means by which Customer acquired Personal Data.
2.3. Processing Personal Data. As Customer's Processor, Rentman shall only Process Personal Data for the following purposes: (i) Processing in accordance with the Agreement; and (iii) Processing to comply with other reasonable instructions provided by Customer (e.g., via email or support tickets) that are consistent with the terms of the Agreement (individually and collectively, the "Purpose"). Rentman acts on behalf of and on the instructions of Customer in carrying out the Purpose.
2.4. Details of the Processing. The subject-matter of Processing of Personal Data by Rentman is the performance of the Services pursuant to the Agreement. The duration of the Processing, the nature and purpose of the Processing, the types of Personal Data and categories of Data Subjects Processed under this DPA are further specified in Annex 1 (Description of Processing Activities) to this DPA.
4.1. Appointment of Subprocessors. Customer acknowledges and agrees that Rentman may engage third-party Subprocessors in connection with the provision of the Services. As a condition to permitting a third-party Subprocessor to Process Personal Data, Rentman will enter into a written agreement with each Subprocessor containing data protection obligations that provide at least the same level of protection for Personal Data as those in this DPA, to the extent applicable to the nature of the Services provided by such Subprocessor.
4.2. List of Current Subprocessors and Notification of New Subprocessors. A current list of Subprocessors for the Services is attached here to as Annex 2. Rentman shall provide the subscriber with notification of new Subprocessor(s) before authorizing such new Subprocessor(s) to Process Personal Data in connection with the provision of the applicable Services. Rentman will solely use Subprocessors in the U.S. which participate in and have certified its compliance with the EU-U.S. Privacy Shield Framework.
4.3. Objection Right for New Subprocessors. Customer may reasonably object to Rentman's use of a new Subprocessor by notifying Rentman promptly in writing within ten (10) business days after receipt of Rentman's notification of new Subprocessor(s). Such objection shall explain the reasonable grounds for the objection. In the event Customer objects to a new Subprocessor, as permitted in the preceding sentence, Rentman will use commercially reasonable efforts to make available to Customer a change in the Services or recommend a commercially reasonable change to Customer's configuration or use of the Services to avoid Processing of Personal Data by the objected-to new Subprocessor without unreasonably burdening Customer. If Rentman is unable to make available such change within a reasonable period of time, which shall not exceed thirty (30) days, either party may terminate (without penalty) with respect only to those Services which cannot be provided by Rentman without the use of the objected-to new Subprocessor by providing written notice to Rentman. Rentman will refund Customer any prepaid fees covering the remainder of the term following the effective date of termination with respect to such terminated Services, without imposing a penalty for such termination on Customer.
4.4. Liability. Rentman shall be liable for the acts and omissions of its Subprocessors to the same extent Rentman would be liable if performing the Services of each Subprocessor directly under the terms of this DPA, except as otherwise set forth in the Agreement.
5.1. Controls for the Protection of Customer Data. Rentman shall maintain appropriate technical and organizational measures for protection of the security, confidentiality and integrity of Customer Data. Rentman will not materially decrease the overall security of the Services during a subscription term.
5.2. Third-Party Certifications and Audits. Customer may request an on-site audit of Rentman's procedures relevant to the protection of Personal Data, but only to the extent required under applicable Data Protection Law. Customer shall reimburse Rentman for any costs and time expended for any such on-site audit at Rentman's then-current rates, which shall be made available to Customer upon request. Before the commencement of any such on-site audit, Customer and Rentman shall mutually agree upon the scope, timing, and duration of the audit, in addition to the reimbursement rate for which Customer shall be responsible. All reimbursement rates shall be reasonable, taking into account the resources expended by Rentman. Customer shall promptly notify Rentman with information regarding any noncompliance discovered during the course of an audit, and Rentman shall use commercially reasonable efforts to address any confirmed non-compliance. All of the findings of an audit will be confidential unless otherwise agreed upon by the Customer and Rentman.
7.1. Waiting Period. After termination of the Services for which Rentman is Processing Personal Data, Customer Data is retained in inactive status for 90 days ("Waiting Period"), after which it is securely deleted. Without limiting the ability for Customer to request return of their Customer Data submitted to the Services, Rentman reserves the right to reduce or increase the number of days it retains such data after contract termination. Rentman will inform Customer about such change.
7.2. Return and Deletion. Upon termination of the Services for which Rentman is Processing Personal Data, Rentman shall, if possible, return all Customer Data and copies of such data to Customer or, after the Waiting Period, securely delete or destroy in accordance with the Agreement and, upon Customer's request, demonstrate to the reasonable satisfaction of Customer that it has taken such measures, unless applicable law prevents it from returning, deleting or destroying all or part of Customer Data. Rentman agrees to preserve the confidentiality of any retained Customer Data and will only actively Process such Customer Data after such date in order to comply with the laws it is subject to.
9.1. GDPR. With effect from 25 May 2018, Rentman will Process Personal Data in accordance with the GDPR requirements directly applicable to Rentman's provisioning of the Services.
9.2. Controller's Data Protection Impact Assessment. Upon Customer's request, Rentman shall provide Customer with reasonable cooperation and assistance needed to fulfil Customer's obligation under the GDPR to carry out a data protection impact assessment related to Customer's use of the Services, to the extent Customer does not otherwise have access to the relevant information, and to the extent such information is available to Rentman. Rentman shall provide reasonable assistance to Customer in the cooperation or prior consultation with the Supervisory Authority, to the extent required under the GDPR. Customer shall reimburse Rentman for any costs and time expended for any assistance at Rentman's then-current rates, which shall be made available to Customer upon request. Before the commencement of the assistance, Customer and Rentman shall mutually agree upon the type of assistance and the reimbursement rate for which Customer shall be responsible. All reimbursement rates shall be reasonable, taking into account the resources expended by Rentman.
9.3. No transfer of Personal Data. Rentman does not transfer Personal Data under this DPA from the European Union, the European Economic Area and/or their member states and Switzerland to countries which do not ensure an adequate level of data protection within the meaning of applicable Data Protection Laws.
This DPA is entered into and becomes a binding part of the Terms of Use and Agreement with effect of the date of acceptance by the parties.
List of Exhibits
Annex 1: Description of Processing Activities
Annex 2: Subprocessors
Annex 1
DESCRIPTION OF PROCESSING ACTIVITIES
Data subjects
Customer may submit personal data to the Services, the extent of which is determined and controlled by Customer and which may include, but is not limited to, personal data relating to the following categories of data subject:
Duration of Processing
Subject to Article 7 (Return and Deletion of Customer Data) of the DPA, Rentman will Process Personal Data for the duration of the Agreement, unless otherwise agreed upon in writing.
Categories of data
The Personal Data transferred concern the following categories of data: Any personal data comprised in Customer Data, as defined in the Agreement such as:
Processing operations
The personal data transferred will be processed in accordance with the Agreement and may be subject to the following processing activities:
Annex 2
SUBPROCESSORS