Terms & Conditions

1. Definitions

In these terms and conditions, the following definitions apply:

• PRIVAN: trade name of NUMEO B.V., located at Nieuwe Prinsenkade 4, 4811VC Breda. Chamber of Commerce number: 84039868.
• Gebruiker: User: any natural or legal person who uses the service.
• Dienst: Service: the website privacy compliance scanning, monitoring, and reporting offered by PRIVAN.
• Account: the user's personal environment within the service.
• Overeenkomst: Agreement: the agreement between PRIVAN and the user for the use of the service.
• Advies- en begeleidingsdiensten: Advisory and guidance services: the additional services in which PRIVAN further analyzes detected privacy risks and provides the user with advice, a technical briefing, and instructions to have these risks addressed.
• Opdracht: Assignment: a separately agreed advisory or guidance assignment.

2. Applicability

These terms and conditions apply to every offer from PRIVAN, every agreement between PRIVAN and the user, and to all use of the service. By using the service, you agree to these terms. They also apply to the advisory and guidance services and to individual assignments.

Deviations from these terms are only valid if explicitly confirmed in writing by PRIVAN.

3. Offer and agreement

The offer on the website is non-binding. PRIVAN reserves the right to modify the offer. An agreement is established when you create an account and accept the terms, or when you subscribe to a paid plan.

4. Pricing

All prices on the website are in euros and exclude VAT, unless stated otherwise. PRIVAN reserves the right to change prices. You will be notified at least 30 days in advance of any price changes.

New users start on a free plan with limited functionality. Paid subscriptions are billed monthly or annually, depending on your choice.

5. Use of the service

You are responsible for proper use of the service. This includes, among other things:

• Only scanning websites that you own or have permission to scan.
• Keeping your login credentials confidential and not sharing them with third parties.
• Not using the service for illegal purposes or in a way that could harm the service.
• Not attempting to circumvent the service's security.

PRIVAN reserves the right to block or terminate accounts in case of misuse or violation of these terms.

6. Availability

PRIVAN strives for high availability but does not guarantee uninterrupted access to the service. Scheduled maintenance will be announced in advance. PRIVAN is not liable for damage resulting from (temporary) unavailability of the service.

7. Advisory and guidance services

In addition to the scan, PRIVAN offers advisory and guidance services, in which PRIVAN further analyzes detected privacy risks and provides the user with advice, a technical briefing, and where necessary concrete instructions, for example for the developer, the Google Tag Manager administrator, or the cookie banner. These services are offered exclusively to users acting in the course of a profession or business; the user warrants that they act in that capacity.

Best-efforts obligation

PRIVAN performs these services as a best-efforts obligation, to the best of its ability and with the care of a good contractor. PRIVAN does not guarantee any specific result, and in particular does not guarantee that the website, after the advice is followed, complies with the GDPR, the ePrivacy Directive, or other laws and regulations, nor that fines, claims, or enforcement will be prevented. Where reference is made to resolving or addressing risks, this concerns the provision of advice and instructions with which the user can have the risks remedied, and not a guarantee of a particular result. The services are technical and practical in nature and do not constitute legal advice; for a definitive legal opinion, the user should consult a lawyer or data protection officer.

Scope and timeliness

The services relate exclusively to the risks and topics expressly identified in the relevant assignment; they are not a complete GDPR or compliance audit. Advice is based on the state of the website and the information provided by the user at the time of performance, and on the laws and regulations in force at that time. PRIVAN is not obliged to update advice afterwards; subsequent changes to the website or to the regulations may affect its validity.

Responsibilities and implementation

The user provides the necessary information and access in a timely manner and warrants its accuracy and completeness; PRIVAN may rely on it. The user is responsible for implementing the advice and instructions, including where a third party engaged by the user, such as a developer or the administrator of a tag or consent platform, carries this out. Advice may relate to third-party services, such as Google Tag Manager, consent platforms, or the user's CMS; PRIVAN is not responsible for their functioning, availability, changes, or costs. PRIVAN may engage specialists or subcontractors in performing the services; Articles 7:404 and 7:407(2) of the Dutch Civil Code do not apply.

Price, payment, and rights

Advisory and guidance assignments are agreed separately on the basis of a stated price or quotation, excluding VAT, with a payment term of 14 days from the invoice date; in the event of late payment, PRIVAN may suspend performance. The intellectual property rights to reports and briefings belong to PRIVAN, with a right of use for the user for their own internal purposes. The user must report complaints about advice or a report within 14 days of discovery and no later than 30 days after delivery, failing which the right to do so lapses.

8. Liability

PRIVAN's services, both the scan results and the advisory and guidance services, are informational and supportive in nature. PRIVAN does not provide legal advice, and its results, advice, and reports are not a substitute for professional legal or compliance advice.

Nature of the scan results

The scan results are automatically generated based on an automated technical analysis of a website at a specific point in time. The results provide only an indication of possible privacy risks and do not constitute a legal opinion on compliance with the GDPR, the ePrivacy Directive, or other laws and regulations.

No warranty as to accuracy, completeness, or timeliness

PRIVAN makes reasonable efforts to present the scan results as accurately, completely, and up-to-date as possible. However, PRIVAN does not warrant that the results are correct, complete, or current. The results may contain errors, omissions, or incompleteness, including due to changes to the website after the time of scanning, the inherent limitations of automated detection, or new developments in privacy law and enforcement practice.

Your own responsibility

You are responsible for evaluating and interpreting the scan results and for complying with applicable laws and regulations on your website. For a definitive opinion on compliance, you must consult a qualified privacy or legal advisor. The scan results do not replace such advice.

Exclusion of liability

PRIVAN accepts no liability for damage arising from the use of, or reliance on, the scan results, reports, advice, briefings, or instructions. In particular, PRIVAN is not liable for indirect damage, consequential damage, lost profits, missed savings, reputational damage, fines or sanctions from regulators, or damage caused by incorrect, incomplete, or outdated results or advice.

Limitation of liability

To the extent PRIVAN should nevertheless be liable, its liability for the free scan and free functionalities is limited to a maximum of EUR 100 (one hundred euros) per event, and for paid subscriptions and advisory and guidance assignments to the amount the user has paid for the relevant service or assignment, excluding VAT, calculated for subscriptions over the twelve months preceding the event. A series of related events counts as a single event. These limitations do not apply in the event of intent or deliberate recklessness on the part of PRIVAN or its management.

Any claim for damages lapses if it is not reported to PRIVAN in writing within twelve months after the user discovered or could reasonably have discovered the damage.

Indemnification by you

You shall indemnify PRIVAN against all claims by third parties, including regulators, visitors to your website, and other interested parties, that relate to or arise from your use of the service, the scan results, or the advisory and guidance services, as well as for any costs reasonably incurred by PRIVAN in connection therewith.

9. Intellectual property

All intellectual property rights to the service, website, software, and content belong to PRIVAN. It is not permitted to copy, modify, distribute, or otherwise use the service or parts thereof without written permission, outside of normal use of the service.

Scan results and reports generated for the user may be used by the user for their own purposes.

10. Termination

You can cancel your subscription at any time. After cancellation, your account remains active until the end of the current billing period. After expiration, your account will be deleted unless you choose to renew.

PRIVAN reserves the right to terminate the agreement with immediate effect in case of serious violation of these terms.

11. Applicable law and disputes

These terms and all agreements between PRIVAN and the user are governed by Dutch law. Disputes will be submitted to the competent court in the district of Zeeland-West-Brabant, unless the law mandates a different court.

12. Contact

Heb je vragen over deze voorwaarden? Neem dan contact op via ons contactformulier.