website www.bizztracker.com or app.bizztracker.com).
By completing the user registration form (creating a user account) you agree to be bound by (i) the
(ii) any and all Agreements entered between Bizztracker and Customer. Any limitations of Bizztracker’s
obligations set out in Agreements between Bizztracker and Customer shall also be fully applicable
vis-à-vis the User.
1.1 “Customer” means the individual or the legal entity who activates paid Services provided by
Bizztracker and assumes payment responsibility for the same vis-à-vis Bizztracker.
1.2 “Content” means all visual, written or audible data, information or material including, without
limitation: documents, spreadsheets, text messages, form entries, web pages, and similar material, which
are uploaded to, transferred through, publicly posted, processed or entered into the Services by the
1.3 “Services” means the web services, associated software, and other services related thereto provided
to the User by Bizztracker in accordance with this agreement and with the characteristics and features
as described at www.Bizztracker.com.
1.4 “Trial Service” means a Community or Service, which is provided free of charge or which is under
development or evaluation and is marked “free”, “demo”, “trial” or “evaluation” (or a similar
1.5 “User” means the individual who registers a user account and gains access to the Services provided by
1.6 “Web Site” means Bizztracker’s web site at www.Bizztracker.com or any subdomain, app.bizztracker.com
and support.bizztracker.com being examples of these.
1.7 “Community” means a business environment in the software with a defined set of subscription terms and
a group of Users who are authorized to access the Community.
2 Services and Grant of Rights
to the User a non-transferable, non-exclusive, non-sublicensable limited term right to access and use
3 User Obligations
3.1 The User shall comply with the security and administrative regulations as notified in conjunction
with registration, by e-mail, as made available on the Web Site, or in any other manner.
3.2 The User undertakes, in conjunction with registration, to provide correct information regarding the
User’s identity and a correct and legitimate e-mail address.
3.3 The User shall be responsible for the activities conducted through use of the Services and shall
ensure compliance with national laws in conjunction therewith. All Content uploaded to, transferred
through, publicly posted, processed or entered into the Services by the User shall be the sole
responsibility of the User.
3.4 The User shall be responsible for monitoring its owned Community and shall be liable vis-à-vis
Bizztracker for ensuring that Content transferred to or handled within the Services which is processed
by the User and/or individuals invited by the User does not infringe any third party rights nor in any
other manner violates governing legislation, and that the User possesses such necessary licenses from
third parties as may be required in order to process the Content/use the Services.
3.5 The User undertakes to use the Services in such a manner that such use does not prevent or disrupt
other computer communications or mobile telephone communications or prevent or disrupt the equipment
employed in order to provide and use the Services.
3.6 The User is aware and acknowledges that it is not permitted use the Services in order to gain
material in violation of law or material which in any manner contravenes generally accepted practices.
3.7 The User undertakes not to use the Services in order to obtain material which per se or if sent to
another party might injure the reputation of a third party, or in any manner which may result in the
infringement of any third party’s copyright, or which constitutes a dissemination of business secret, or
may incite a third party to commit or participate in a crime, or may be understood as constituting a
threat, or to use the Services in any other manner incompatible with the purpose thereof.
3.8 The User undertakes not to provide access to the Services to anyone else than individuals who have
or used by more than one individual User.
3.9 The User is obligated to notify Bizztracker regarding any suspected breach of these provisions.
4 Personal Data, Privacy
4.1 In order for the User to be able to use the Services, the User must provide certain data to
Bizztracker, including but not limited to full name, e-mail address and contact details. In the event
the User registers a user account following an invitation from another User or customer to Bizztracker,
such information may also have been provided to Bizztracker by the inviting User or customer to
Bizztracker. Following receipt of such data, Bizztracker will process the same using automatic data
processing in order to enable Bizztracker to administer and otherwise perform its obligations within the
scope of the Services and to ensure that unauthorised persons do not gain access to the Services. As
provided in section 6 “Confidentiality”, Bizztracker will not disclose to any third party any personal
information pertaining to the User. Upon request, the User has the right to access the personal data
related to the User. The User also has the right and the obligation to rectify such data. Further
information may be obtained by contacting the data controller, Bizztracker BV, at the following address:
Bizztracker BV, Postal box 3231, DE ‘s-Hertogenbosch, the Netherlands, firstname.lastname@example.org.
4.2 In addition, in order for the User to be able to use the Services, the User must also allow
Bizztracker to store and retrieve session information on the User’s end terminal equipment, through the
use of “cookies”. The purpose of such storage and retrieval of information is to enable the necessary
login/logout procedures used in the Services and to ensure that unauthorised persons do not gain access
to the Services.
4.3 According to the Personal Data Protection Act("Wet Bescherming Persoonsgegevens"), Bizztracker
must obtain the consent of the registered persons (i.e. the User) to the processing of the relevant
personal data by Bizztracker.
4.4 According to the Dutch Telecommunications Act, Bizztracker must obtain the consent of the registered
persons (i.e. the User) to the purpose of storage and retrieval of information on the registered
persons’ end terminal equipment.
4.5 By accepting this agreement, the User explicitly consents to (a) the collection and processing by
Bizztracker of personal data as described above, (b) the storage of such data until the user account is
terminated by the User, and (c) the storage and retrieval of information on the User’s end terminal
equipment as described above.
4.6 Bizztracker shall adopt reasonable measures to protect the privacy of the User. Bizztracker’s
information gathering and dissemination practices are set forth in the Privacy Statement, which is
available on the Web Site.
5 Security, Passwords, etc.
5.1 The User shall ensure that identities, passwords, and equivalent obtained by the User in conjunction
with registration are stored and used in a secure manner and cannot be accessed and thereby used by
third parties. The User shall be liable for any unauthorised use of the Services. Bizztracker shall have
no liability for any loss or damage arising from the User’s failure to comply with these
5.2 Where it is suspected that any unauthorised person has become aware of the user
identity and/or password, the User shall immediately inform Bizztracker thereof.
5.3 The User shall
be liable for losses or damage incurred by Bizztracker where the User intentionally or negligently reveals
the user identity/password to a third party. The User shall furthermore be liable for losses or damage
incurred by Bizztracker where the user identity and password otherwise become known to an unauthorised
party, unless the User notifies Bizztracker immediately upon suspicion that such has occurred.
Bizztracker shall adopt reasonable measures to ensure that the security of the Services meet relevant
industry standards. Bizztracker’s security measures are set forth in the Security Policy, which is available
on the Web Site.
6 Confidentiality, etc.
6.1 Bizztracker undertakes not to disclose to any third party, or otherwise make available, information
received by Bizztracker from the User within the scope of this agreement. “Third party” in this section
shall not mean the Users who have access to the same Community, unless the Users’ authorisation and
access to the Community is specifically restricted by the User.
shall be informed of such amendments by e-mail or through the information being made available on the
8 Term and Termination, etc.
indefinite term until such time that all Communities and the user account are closed.
not be responsible for the Content generated within the scope of the Community in question or the
Services. Accordingly, the User must ensure that the User possesses the necessary back-up copies, etc.
of the Content that the User desires to retain.
9 Access Restrictions, Premature Termination
9.1 Bizztracker shall be entitled, with immediate effect, to disable the User’s access to a Community or
to the Services or to prematurely terminate this agreement where: (a) the User uses the Services in a
manner that entails the perpetration of a crime; (b) the User uses the Services in a manner that
occasions losses or the risk of loss for Bizztracker or any third party; (c) the User uses the Services
in a manner that violates Bizztracker’s security or administrative regulations; (d) it may be reasonably
assumed that continued dissemination of Content violates governing law; (e) the User uses the Services
in a manner whereby the User utilises resources or seeks unauthorised access to Bizztracker’s systems
which are not intended for the User; or (f) the User otherwise fails to comply with the above and such
breach of contract is material.
11 General Provisions
the terms will continue in full force and effect, and the unenforceable provision shall be amended to
the extent possible and permitted by law to achieve as nearly as possible the same intent and economic
effect as the original provision.
12 Governing Law and Disputes
in accordance with, and governed by, the laws of the Netherlands.
12.2 Any dispute, controversy or claim arising out of or in connection with this contract, or the breach,
termination or invalidity thereof, shall be finally settled with the District Court of
Version 1.0 July, 2014.
bizztracker Postal Box 3231 5203 DE 's-Hertogenbosch The Netherlands