CompanySpotter
Terms & Conditions

Last update: 22 August 2022

  1. Article Definitions

    1. Unless otherwise agreed, the Parties agree that the terms listed below will have the following meanings in the context of the Terms of Use:
      1. "Account": the personal account of the Registered User and/or Customer.
      2. "Visitor": the person who uses the Services without creating an Account.
      3. "CompanySpotter": CompanySpotter BV, with it’s registered office at 2514 AD The Hague (The Netherlands), Koninginnegracht 46-I, with Chamber of Commerce number 78391857.
      4. "Credits": the credits received or purchased by the Registered User/Customer, which can be used as a means of payment for certain Services.
      5. "Data": the file with data and all other relevant information relating to the companies that is displayed on the websites of the companies concerned and/or is available from publicly accessible sources.
      6. "Services": the Platform, as well as all other CompanySpotter products (including the Data), applications and software, whether or not for a fee by means of Credits and regardless of the way in which they are offered or made available.
      7. "User": Visitors, Registered Users and Customers, and therefore any person using the Services, regardless of whether they have created an Account or purchased Credits. This also includes the employees, suppliers, service providers, contractors, etc. of the User, who act on behalf of and/or on the instructions of the User.
      8. "Terms of use": the present terms and conditions of use that apply to the use of the Services at all times.
      9. "Registered user": the person who has created an Account to make use of the Services, regardless of whether he/she has purchased and/or uses Credits.
      10. "Customer": the person who has created an Account to make use of the Services and has purchased and is using Credits in the context of the Services.
      11. "Agreement": the agreement made between the Registered User or the Customer, on the one hand, and CompanySpotter, on the other hand.
      12. "Party(ies)": CompanySpotter and/or the User.
      13. "Platform": the secure digital environment of CompanySpotter which is made available as a Service via the CompanySpotter website, amongst other places. Parties also understand this to include any other way in which the Services are made available to the User.

  2. Article Subject

    1. The use of the Services is subject to the Terms of Use, in particular the limitations indicated by CompanySpotter, and applicable laws and regulations.
    2. The Terms of Use apply from the moment the User makes use of the Services.
    3. The User acknowledges to have read the Terms of Use and accepts the Terms of Use by using or continuing to use the Services. Possible modifications of the Terms of Use are effective as soon as the User is notified thereof and are deemed to be accepted if a User continues to use the Services.
    4. The applicability of general terms and conditions of the User, or any other terms and conditions, is excluded.
    5. The User guarantees that he will act in accordance with the Terms of Use.
    6. Any additional agreements and/or commitments, made and/or made by CompanySpotter employees or on behalf of CompanySpotter by other persons acting as representatives, only bind CompanySpotter when these agreements and/or commitments have been confirmed in writing or electronically by CompanySpotter executives authorised to represent the CompanySpotter.

  3. Article Access to the Services

    1. The User acknowledges that strict compliance with the Terms and Conditions of Use is required in order to obtain and maintain access to the Services.
    2. Access to certain Services, whether or not provided through the Platform, is limited or may be limited. The use of certain functionalities of the Services requires the creation of an Account and/or the purchase of Credits.
    3. The username and password of the Registered User are strictly personal. It is not allowed to sell, rent and/or make the username and/or password available to third parties in any other way, either for a fee or free of charge, unless CompanySpotter has given explicit written permission for this.

  4. Article Services

    1. All CompanySpotter quotes are without any obligation. The conditions mentioned in quotes are valid during thirty (30) days after the date of the quote.
    2. All prices quoted in CompanySpotter's quotes, offers, agreements and on the website are in Euros, excluding VAT and other government levies.
    3. A CompanySpotter quote and/or offer is deemed to be a whole, even if it contains price quotes for each part, as a result of which no separate appeal can be made to the price quotes for each part.
    4. Certain Services are offered exclusively via payment of Credits.

      CompanySpotter has three variants in which its Services are offered, namely:

      • Subscription

        In the case of a subscription, the Customer gains access to CompanySpotter's Services through an ongoing Agreement. For a price agreed in advance, a previously agreed number of Credits are made available to the Customer on a monthly basis. Regardless of the type of subscription, Credits are granted on a monthly basis and can be used by the Customer. Any unused Credits can only be used in the following month, after which they will definitively expire.

        The Agreement relating to a subscription is always automatically and tacitly renewed for the same duration as the Agreement was initially entered. Parties may only terminate this Agreement by written notice or by electronic means with due consideration of a notice period of one (1) month prior to the next renewal date.

      • Credit bundles

        In the case of a Credit bundle the Customer acquires access to CompanySpotter's Services by way of an Agreement with a fixed term of one (1) year. By means of a price agreed in advance, the agreed number of Credits will be made available to the Customer once at the beginning of the Agreement, which can be used during the term of the Agreement. Any unused Credits will definitively expire at the end of the term.

        The Agreement related to credit bundles cannot be cancelled during the term of the Agreement.

      • Tailor-mode

        In the case of tailor-made customisation, a specific Agreement is made between CompanySpotter and the Customer regarding the pricing, terms and delivery method of CompanySpotter's Services.

        Unless otherwise agreed, the Parties may terminate the Agreement for custom work of indefinite duration or a continuous Agreement for custom work only by giving written notice or by giving notice electronically subject to a notice period of one (1) month, whether or not prior to the next renewal date.

    5. Unless agreed otherwise, payment by the Customer to CompanySpotter is made by direct debit. By placing an order the Customer authorises CompanySpotter to debit the amounts due from the Customer's bank account. This authorisation is valid for the entire duration of the Agreement. The Customer may not withdraw this authorisation during the term of the Agreement. CompanySpotter is entitled to charge € 25.00 for costs in the event that the direct debit authorisation is withdrawn, or when exercising the direct debit authorisation the balance is insufficient, or if the bank suspends payment for some other reason. The above also applies if CompanySpotter is given authorisation for a direct debit in any other way. If no direct debit has been agreed, payment must be made within fourteen (14) days of the invoice date.
    6. In the event of cessation of business, suspension of payment or bankruptcy of the Customer, all outstanding and any future amounts are automatically and immediately due and payable.
    7. Any unpaid invoice will be increased from its due date, legally and without notice, by interest at a rate of 1% per month, without diminishing CompanySpotter's right to claim the amount due with interest and costs of extra-judicial or judicial recovery. Non-payment of an invoice on its due date renders all other claims against the Customer immediately and legally due and payable.
    8. In case CompanySpotter sends a reminder and/or demand to the Customer and payment is still not made, CompanySpotter will first charge € 25,00 for administration costs. The other costs of (extra)judicial recovery are fixed by the parties at 15% of the amount due, with a minimum of € 250,00. If CompanySpotter can show that it incurred higher costs, which were reasonably necessary, these will also be considered for reimbursement by the User.
    9. No reason, for example complaints regarding the Services or comments on an invoice, can lead to the Customer suspending his/her payment obligations.
    10. CompanySpotter reserves the right to charge the Customer for any increase in one or more of the cost factors if there is an increase after the date the contract is concluded. In case of a price increase Customer has the right to dissolve the Agreement during one (1) month after the Agreement has been made.
    11. If an Agreement is automatically renewed for a period, CompanySpotter is entitled to apply a price indexation to the originally agreed price once (1) a year. The indexation is based on the index figure for Commercial Services and Transport (DPI) as it is calculated and published by the Central Bureau of Statistics (CBS) of the Dutch government according to a fixed method. The exact price index figure used is the most recently published annual change. The validity of a newly indexed price does not require the consent of Customer.

  5. Article Obligations of the User

    1. When creating an Account, the User commits to (1) providing a valid email address that can be used to verify the Account, (2) not using false, incorrect or misleading information and (3) strictly complying with the Terms of Use at all times.
    2. The User agrees to use the Services as a prudent and reasonable person (and in particular in accordance with these Terms of Use).
    3. The User acknowledges that the use of the Services in compliance with applicable laws is an essential requirement for CompanySpotter.
    4. The User will only use the Services in the normal exercise of his professional or business activities and will not re-circulate, duplicate, sell, license or publish the Services in any form outside of these activities.
    5. The User is responsible for all activities that take place in the context of, or by means of, his/her Account.
    6. The use of the Services is strictly personal and solely in support of the User's own activities or the activities of affiliated companies (i.e. companies that are at least 50% owned by the User). This means that the User is not permitted to provide, make available or transfer login details and/or passwords to third parties (including colleagues), or to use CompanySpotter's service(s) for the benefit of third parties.
    7. The User agrees to participate in the improvement of the Services, including but not limited to the removal of Data as a result of a request by a data subject through the means made available by CompanySpotter for this purpose.
    8. If the User makes use of the Services when approaching companies (regardless of whether this is commercial or not), the User agrees to comply strictly with all applicable legal requirements.
    9. Unless otherwise required by mandatory law, the User will not provide third parties with information about the origin of the Data.
    10. In any event, the User must refrain from any activities that may cause damage to CompanySpotter and/or the Services, including but not limited to the following activities:
      1. copying, disassembling, decompiling, decoding, hacking, modifying, emulating or reverse engineering the software included in the Platform or the Services or other aspects of the Services that are included in or accessible through the Services, or allowing a third party to perform these actions, except to the extent expressly permitted by applicable law;
      2. publish, copy, rent, lease, sell, export, import, distribute or lend the Services, or any part thereof, or otherwise transfer them to a third party, unless CompanySpotter expressly permits it to do so;
      3. interfering with the technologies installed by CompanySpotter (e.g. causing a computer virus or network malfunction) or hacking, modifying or otherwise corrupting or violating security or authentication measures without any prior permission.
    11. By agreeing to the Terms of Use, the User assumes the obligation to follow at least the following rules:
      1. The User shall only use the Services for the normal intended use.
      2. It is not permitted to transfer the rights for access to or use of the Services, except in the manner permitted by the Terms of Use.
      3. It is prohibited to use the login details of other Users to gain access to an Account and/or the Services.
      4. It is not allowed to use the Services to consult or share inappropriate content or other materials (including but not limited to: nudity, bestiality, pornography, offensive language, extreme violence or criminal activities).
      5. The User must refrain from any activity that is fraudulent, false or misleading, that restricts or affects the access to or availability of the Services, that causes damage to the Services, CompanySpotter or third parties.
      6. The User must refrain from committing any infringement of the rights of third parties.
      7. The User is not allowed to commit acts that violate the rights of third parties under the legislation governing the processing of personal data.
    12. The User shall take the necessary measures to protect and secure the (access to the) Services, taking into account the available technology and the User himself.
    13. As far as applicable, the User shall strictly comply with the mandatory provisions of the General Data Protection Regulation (hereinafter "GDPR") and any other applicable laws or regulations regarding the processing of personal data.

      The parties agree that, without being exhaustive, the following obligations in particular are covered by this:

      1. To inform the data subjects of the intended processing operations if these do not correspond to the intended processing operations in the privacy statement relating to CompanySpotter's database.
      2. The User will deal with requests from the data subjects strictly in accordance with the legal provisions, including any applicable legislation concerning (unsolicited) electronic communication.
      3. Any changes to the Services, including as a result of a request from a data subject, will be made by the User without delay.
      The User will delete the Data within 90 days after the end of the Agreement, regardless of how it is terminated or after the Services are no longer used.
    14. Without the prior written consent of CompanySpotter, the User is prohibited from employing CompanySpotter's employees or any third parties engaged by CompanySpotter during, or within one year of the termination of the contract, or otherwise directly or indirectly working for CompanySpotter or approaching them for such purposes.
    15. The User is liable at all times for his/her actions in relation to the Services.
    16. Upon termination of the Agreement for any reason whatsoever, the User shall immediately cease and desist all use of the Services, including but not limited to the use of the Data, except if such use is required in the context of any legal obligation.

  6. Article Commitments and Liability of CompanySpotter

    1. The Services are provided "as is", "with all faults" and "according to availability".

      CompanySpotter's commitments are always commitments of means. CompanySpotter only guarantees that the Services have been developed with regular professional care in a careful and competent manner. CompanySpotter does not provide any guarantee regarding commercial and/or other risks related to the Services.

    2. CompanySpotter is free to determine and modify the way in which the Services are provided and the way in which the Platform is structured and displayed. The User cannot derive any rights towards CompanySpotter from any changes.
    3. The User acknowledges that CompanySpotter cannot be held liable for the way in which the Services are used by the User.

      If the User wishes to make a complaint, this must be done within 7 days of starting to use the Services, exclusively in writing and stating the reasons. If one of the above-mentioned conditions is not met, the right to complain will lapse and so will the right to suspend a payment or to submit complaints at a later stage.

    4. Under no circumstances will CompanySpotter be liable for any damage arising directly or indirectly from the use of the Services. Under no circumstances will CompanySpotter be held liable for any indirect damage (including but not limited to loss of profits, loss of savings or professional opportunities, loss of data or Data, third party damage, business interruption, staff costs).

      CompanySpotter is not, under any circumstances, liable for the unauthorised or non-compliant information included in the Data (after such information has been extracted from a website). CompanySpotter undertakes to remove, to the best of its ability, any unauthorised or non-compliant Data within a reasonable period of becoming aware of them.

    5. In the event of erroneous, incorrect or unforeseen use of the Services, CompanySpotter's liability will cease.

  7. Article Force Majeure

    1. Force majeure is defined as all abnormal and unforeseeable events that make the execution of an obligation impossible for one of the Parties, insofar as such event is not attributable to a fault of the Party that invokes it. Changes in legislation that affect the Services, breakdowns in telecommunication facilities, technical difficulties and government decisions that have a serious impact on the Services are always considered as force majeure on the part of CompanySpotter.
    2. In the event of force majeure, CompanySpotter will not, under any circumstances, be liable for any damage incurred by the User.

  8. Article Suspension or termination of the Agreement

    1. In the event of the User's non-compliance with the obligations set out in the Agreement, CompanySpotter is entitled to suspend its obligations under the Agreement, including the possibility of denying the User access to the Services, until such time as the non-compliance is resolved.

      Prior to the suspension, CompanySpotter will give the User notice of default to resolve the non-compliance within a period of seven (7) days, except in the event that such notice of default is useless.

    2. CompanySpotter is entitled to terminate the Agreement immediately and without any compensation in the case of bankruptcy or liquidation of the User.
    3. CompanySpotter is entitled to terminate the Agreement with the User by written notice, without prior written notice and without judicial intervention, if the User remains in default after a period of ten (10) days following an explicit notice of default from CompanySpotter.
    4. In the case of non-compliance by CompanySpotter with its obligations under the Agreement, the User is entitled to terminate the Agreement if CompanySpotter remains in default after a period of ten (10) days following an explicit notice of default.
    5. One (1) year after the last activity, the suspended Account will be deleted, with the exception of the User's data that enables CompanySpotter to initiate, exercise or substantiate a legal claim. This personal data will be deleted when any legal claim against the User can no longer be made, such as in the case of prescription.
    6. Purchased Credits are not refunded as a result of the suspension and/or termination of the Agreement. The payment of these Credits is permanently acquired by CompanySpotter.

  9. Article Confidentiality

    1. CompanySpotter and the User will keep all information regarding the Agreement and the Services confidential, and will not disclose this to any third party not involved in the provision or use of the Services concerned, except when:
      1. one Party has obtained the prior written consent of the disclosing Party;
      2. the information concerned is publicly known; or
      3. the information concerned must be disclosed pursuant to a statutory provision or a judicial or administrative decision.
    2. Parties will treat information they provide to each other as confidential when this information is marked as confidential or when the receiving party knows or should reasonably suspect that the information was intended to be confidential. The methods and techniques used by CompanySpotter will in any case be considered confidential.

      CompanySpotter's employees are bound by rules of conduct to guarantee confidentiality. To this end, CompanySpotter employees have individually signed a confidentiality agreement with CompanySpotter.

    3. This obligation applies during the term of the Agreement and for two (2) years after the end of the Agreement, regardless of the method of termination.

  10. Article Intellectual property rights

    1. The (intellectual) property rights on the Services and/or the Data always remain with CompanySpotter. The Agreement does not imply any transfer of patent, copyright or trademark rights or any other (intellectual) property rights or usage rights.

      The User is not permitted to reproduce, copy, sell, license or publish the Services in such a way that they can be obtained free of charge or against payment by third parties or can be consulted in any way whatsoever, unless otherwise agreed between the parties or with the prior written consent of CompanySpotter.

    2. The intellectual property rights on (all parts of) the Services and all additions, changes and improvements thereof, as well as on the methods, models, descriptions, documentation, specifications, etc. remain at all times the exclusive property of CompanySpotter.

      CompanySpotter's database and the information it contains may not be duplicated and/or made public and/or exploited in any other way by User without the express prior written consent of CompanySpotter, including but explicitly not limited to by means of print, photocopy, microfilm, image plate, magnetic disk or tape, storage in a consultation system accessible to third parties.

      The source code of the software forming part of the Platform belongs exclusively to CompanySpotter. This source code is not transferred to the User.

      The presumption that the User as a client acquires the intellectual property rights of the Services and/or of the Data is not applicable.

    3. If the User has to cease using the Services or a part thereof as a result of a claim by a third party or a resulting judgement concerning the intellectual property rights relating to the Services, CompanySpotter will, at its own choice:
      1. acquire the right for the User to continue using the Services; or
      2. adapt the infringing part of the Services in order to end the infringement, unless such adaptation would be unreasonable.
      CompanySpotter is not obliged to provide this indemnification when the Services have been modified or used by the User contrary to the agreed/authorised use thereof or contrary to legal or regulatory provisions.

  11. Article Processing of the Services/Data and any personal data included therein

    1. The User is responsible for the correct and lawful processing of the Services and Data, in particular if the Services or Data include personal data.
    2. The User is committed to reporting any data breaches to CompanySpotter.
    3. After receiving them, the User is entirely responsible for using the Services/Data appropriately. Depending on the purposes for which the User will use the Services/Data, the following special rules apply (among others, but not limited to):
      1. The User shall comply with the legal obligations in the context of electronic marketing, including telemarketing, in particular with regard to the request for consent, the sending, the content, the use of files and the unsubscription procedure.
      2. The strict compliance of the User with the GDPR and the national regulations on the protection of personal data is an essential commitment. If the User processes the Data, he/she is a data controller. In view of this, the User should take into account the specific obligations, including (but not limited to):
        1. The lawfulness, propriety and transparency of the processing of any personal data.
        2. The processing of any personal data within the set purpose limitation.
        3. Adherence to the principles of minimum data processing.
        4. Taking all reasonable steps to ensure that any personal data which are inaccurate in relation to the purposes for which they are processed are erased or rectified without delay.
        5. The limitation of the duration of storage of any personal data.
        6. The implementation of appropriate technical or organisational measures to ensure that any personal data is processed in a way that guarantees its adequate security.
        When using the Services, the User will always respect the privacy statements of CompanySpotter. The privacy statements can be consulted via the following link: www.companyspotter.com/privacy-center/
    4. When developing the Services, CompanySpotter has taken and incorporated appropriate organisational and technical measures to ensure a risk-adapted level of security of the personal data.
    5. All employees who act under the authority of CompanySpotter and have access to personal data will maintain confidentiality with regard to the personal data of which they become aware, unless a legal requirement requires them to do so.

      CompanySpotter will take measures to the best of its ability to secure the information stored on its servers. These measures will be appropriate, taking into account the state of the technology and the costs involved. CompanySpotter will take the utmost care to prevent unauthorized access to Data stored in the database. The User is expected to make use of the usual security measures that should reasonably be installed on a computer, such as an anti-virus, anti-spam, anti-spyware, anti-malware, anti-phishing and firewall solution.

  12. Article Infringements

    1. The User will be liable in the event of breach of his or her obligations within the context of using the Services, of CompanySpotter's (intellectual) (property) rights, of the ban on recruiting CompanySpotter employees (in accordance with article 15. 4) and/or the confidentiality provided for in Article 9, by operation of law and for each violation, CompanySpotter shall be liable to pay immediately due lump sum compensation of € 25,000 and additional compensation of € 1,000 for each day that the User is/remains in violation, without prejudice to CompanySpotter's right to prove its higher actual loss.

      The User agrees to defend, indemnify and hold CompanySpotter harmless from and against any and all losses, costs, expenses, damages or other liabilities incurred by CompanySpotter arising out of or in connection with any legal action, claim, suit, proceeding, demand or action related to Services brought by a third party against CompanySpotter.

      Any indemnification is subject to:

      • CompanySpotter giving the User written notice of any such claim, demand, action, cost, liability, loss or threat of any of these;
      • CompanySpotter cooperating with the User in the defence or settlement thereof; and
      • the fact that CompanySpotter allows the User to control such defence or settlement.
      CompanySpotter shall be entitled to participate at its own expense in any such defence through its own counsel.
    2. If User violates the GDPR and/or the laws or regulations regarding the processing of personal data and this leads to a request and/or a fine from a (semi)governmental institution, User is due the fixed compensation provided for in Article 12.1 or the amount equal to the fine imposed by the (semi)governmental institution increased by the fixed compensation provided for in Article 12.1, without prejudice to CompanySpotter's right to prove its higher actual damage suffered. In the event a (semi) governmental organization does not impose a fine on CompanySpotter but makes a request, the fixed compensation provided for in Clause 12.1 will be reduced to the costs reasonably incurred by CompanySpotter.

  13. Article Notification of violations of the Terms of Use

    1. In the event that the User or a third party becomes aware of the existence of violations of the Terms and Conditions of Use, or has good reason to believe that this can be expected, he can report this via the e-mail address [email protected].
    2. The report of a User within the context of this article will be treated in the strictest confidence by CompanySpotter.

  14. Article Additional conditions

    1. The absence of CompanySpotter's denial of access to the User after noticing any infringements does not in any way imply a waiver of any rights.

      In addition, CompanySpotter's failure to react does not imply that it will also refrain from acting in the event of a subsequent or similar breach.

    2. The possible invalidity or nullity of a clause or part thereof in these Terms of Use or Agreement between the Parties does not lead to the nullity of the Terms of Use or Agreement. The invalid or void provision shall be construed as or replaced by a valid provision having the same scope or a scope close to the intention of the Parties.
    3. Unless otherwise agreed, the User cannot transfer the Services and/or the Data to a third party without the prior written consent of CompanySpotter.

      CompanySpotter may transfer the contract, in whole or in part, to a third party insofar as this transfer does not affect the use of the Services and does not result in a reduction of the guarantees in favour of the User.

    4. When CompanySpotter allows deviations from the Terms of Use and/or the agreement on any point, either explicitly or tacitly, for a shorter or longer period, this does not affect CompanySpotter's right to strict compliance with the Terms of Use and/or the agreement for the future or otherwise.
    5. If CompanySpotter has not or not fully exercised one or more of its rights from the Terms of Use or the agreement during a period of time, the User cannot derive any rights from this.
    6. CompanySpotter can change the Terms of Use at any time.

      CompanySpotter will inform the Registered Users and Customers of the intended change before it comes into effect. In the event that the change relates to CompanySpotter's essential undertakings without which the Registered Users and Customers would not have entered into a contract, CompanySpotter will give the Registered Users and Customers the opportunity to cancel the Agreement during a period of 30 days before the change becomes effective.

      If the User continues to use the Services after the aforementioned period and after the changes have taken effect, this implies that the User agrees with the new terms.

      The most recent version of the Terms of Use will always apply.

  15. Article Applicable law and disputes

    1. The Terms of Use and the contractual relationship between CompanySpotter and the User are governed by Dutch law.
    2. In the event of a dispute in relation to the use of the Services or the Terms and Conditions, the court of The Hague will be the competent court.
gb-eng nl de fr

Any questions?

Contact us at [email protected]

Related documents

Privacy center

Privacy statement

Terms & conditions

Explanation of Legitimate Interests

Loading...