Terms of Use and Privacy Statement
Date of last modification: Terms of Use 29/04/2023, Privacy Policy Statement 29/04/2023
Contents
Terms of Use
- General
- The Platform Service
- Ownership
- Data Privacy and Security
- Indemnification
- Limitation of Liability
- Duration and Termination
- Force Majeure and Remedy
- Governing Law and Dispute Resolution
Privacy Policy
- What is Personal Data and Data Processing?
- Who uses your Personal Data?
- What Personal Data do we collect and why?
- How do we collect Personal Data?
- Data Usage Purpose and Storage
- What are your rights
- Contact Information
Terms of Use
Thank you for visiting and/or using the monomakersmeet.nl website and/or its related domains. Please read the Terms of Use before visiting or using the website and its services. By agreeing to the Terms of Use, the visitor and/or user consents to uphold the provisions of the Terms of Use during the visit and/or use of the website.
1. General
1.1 The website monomakersmeet.nl is property of and managed by Japan Cultural Exchange, a company duly incorporated under the laws of the Kingdom of the Netherlands, whose principal business is at Voorschoten, the Netherlands, hereinafter referred to as JCE.
1.2 The Terms of Use apply between JCE and the visitor and/or user of the website.
2. The Platform Service
2.1 Subject to completion of a membership registration, JCE grants to the registered user, hereinafter referred to as the Member, access to and use of the functionalities provided by the website, hereinafter referred to as the Platform Service.
2.2 The Member may use the Platform Service to communicate with other Members, insofar in accordance with the Terms of Use.
2.3 Use of the Platform Service through registered membership is free without any monetary costs.
2.4 JCE retains all rights to the Platform Service.
2.5 JCE retains the right to make changes to the Platform Service at any time, provided that such changes pursue to improve the provision of the Platform Service.
2.6 The Member may not replicate or share any content of the Platform Service to third parties, with or without the purpose of monetary benefit, unless explicitly stated herein.
2.7 The Member shall refrain from engaging in any unlawful, fraudulent, invasive, defamatory or obscene activities during the use of the Platform Service, and upholds the duty of care to avoid activities that could result thereto.
2.8 The Member is solely responsible for all activities and effects that result thereof that occur during and after the use of the Platform Service.
2.9 The Member acknowledges that JCE has no involvement in any dispute arising out of interactions between Members, such as but not limited to, digital communication through contact functionalities.
3. Ownership
3.1 JCE retains all rights to its functional and creative content of the Platform Service, such as, but not limited to, technical features, images, video, audio, text that are part of the Platform Service, unless explicitly stated herein.
3.2 The Member retains copyright to user data, whilst granting JCE the right to reasonably use the data as content for the Platform Service insofar proportionate and in accordance with data protection obligations, in particular the General Data Protection Resolution EU Regulation 2016/679, hereinafter referred to as the GDPR, amongst all other applicable data protection laws.
4. Data Privacy and Security
4.1 JCE processes personal data on behalf of the Member, only if and insofar to fulfil the purpose of the Terms of Use with the Member, in accordance with data protection obligations, in particular the GDPR, amongst all other applicable data protection laws.
4.2 JCE implements appropriate and reasonable precautionary measures to prevent corruption, loss or access by third parties of the personal data.
4.3 JCE promptly notifies the Member in the event personal data is at risk of corruption, loss or access by third parties, and provides support to the Member in taking all measures that are deemed necessary to minimize such risks insofar proportionate.
5. Indemnification
5.1 The Member agrees to defend, indemnify and hold harmless JCE, its officers, directors, employees and agents, from and against any and all claims, liabilities, settlements, damages, costs and fees, such as but not limited to attorney’s fees, arising from: a) access and use of the Platform Service by the Member; b) breach of the Terms of Use by the Member; or (c) infringement of any third party right or any law, such as but not limited to any copyright, privacy, or property right.
6. Limitation of Liability
6.1 JCE shall not be liable to the Member for any loss of profit, revenue, loss of use, lost business, damages or for any indirect effect during or after the access to or use of the Platform Service by the Member.
7. Duration and Termination
7.1 The continuation of the Platform Services is scheduled up until March 31, 2024. Continuation or discontinuation beyond the scheduled date shall be notified by digital publication through the Platform Service and written digital notice to the Member.
7.2 JCE may terminate access to and use of the Platform Service of the Member if the Member materially breaches any obligation under and pursuant to the Terms of Use.
7.3 Upon termination for any reason, JCE makes available to the Member a backup of all personal data collected and processed by JCE within the provision of the Platform Service at the request of the Member. The backup shall be made available in the standard format of JCE and may be deleted at any time if remained in possession or control by JCE as long as 60 days or as otherwise required by law.
8. Force Majeure and Remedy
8.1 JCE and the Member shall deem the other party not to be in default of the Terms of Use, insofar the material performance of its obligations is wholly or in part delayed or prevented by reason of any event beyond reasonable control, such as but not limited to, actions of natural disaster, accident or official authority, to the extent that the consequences cannot be attributed to negligence or duty of care.
8.2 Within 14 days of discovery of such reason resulting in delay or prevention of material performance, JCE or the Member shall promptly notify the other party thereof and endeavours efforts to continue to perform the Terms of Use or remedy the delay or prevention as soon as possible, insofar reasonable.
9. Governing Law and Dispute Resolution
9.1 The Terms of Use is governed by and construed in accordance with the laws of the Kingdom of the Netherlands.
9.2 Any dispute arising out of the Terms of Use is settled through Joint Consultation. If such consultation fails to reaching a solution, the dispute is to be submitted to the jurisdiction of the competent court in the Kingdom of the Netherlands.
Privacy Policy
When visiting and/or using our website monomakersmeet.nl, as well as when contacting us, we receive information about you, which may be personal data. All such personal data is subject to our privacy policy and is only collected and processed with your consent. This privacy policy statement describes our policy, what personal data we collect and how we use it within our service. Regular review is advised to be aware of the contents, as these may be amended in the case of necessity. Any changes made shall be publicized and notified digitally to the visitor/user.
1. What is Personal Data and Data Processing?
Personal data is all data that can be directly or indirectly attributed to the visitor and/or user individually, such as your name, IP address, telephone number, user identity number or surfing behavior. Please refer to the website of the Autoriteit Persoonsgegevens, Dutch Data Protection Authority, for more information about personal data (https://autoriteitpersoonsgegevens.nl).
Processing personal data involves all actions in regard to your personal data in a digital or physical system, such as collecting, administration and storage.
2. Who uses your Personal Data?
Any personal data as described in this document is solely collected and processed by JCE. The full details are as follows:
Japan Cultural Exchange
Ter Wadding 38
2253 LZ Voorschoten
KvK 58701990
3. What Personal Data do we collect and why?
Collecting and processing personal data applies to everyone who has contact with JCE and/or visited and used the website.
Minors under the legal age of 16 years are excluded from data collection. Permission from a parent or guardian is required to visit and/or use the website, if a visitor and/or user is under the age of 16. Such permission is assumed when visitor and/or user of the website is under the age of 16.
The personal data as collected by JCE is as follows:
| Personal Data | Legal Basis | Purpose of Processing |
| Name | Contract | We need to process this data for when we or other members contact you for business related communications. This data is also necessary to ensure recognizability by other members, as well as to ensure the reliability and authenticity of the information on the website. |
| Address or business address | Contract | We need to process this data to ensure reliability of the information on the website. |
| Email address | Contract | We need to process this data for when we or other members contact you for business related communications. This data is also necessary to ensure the reliability and authenticity of the information on the website. |
| Telephone number | Contract | We need to process this data for when we or other members contact you for business related communications. This data is also necessary to ensure the reliability and authenticity of the information on the website. |
| Job position | Contract | We need to process this data for when we or other members contact you for business related communications. This data is also necessary to ensure the reliability and authenticity of the information on the website, and that of the private membership. |
| Photographs | Contract | We need to process this data for when we or other members contact you for business related communications. This data is also necessary to ensure the reliability and authenticity of the information on the website, and that of the private membership. |
| Film material (*optional) | Consent | Members may provide this data to improve promotional activities. |
All personal data is collected and processed only with prior consent by the visitor and/or user and on the basis of provision by law insofar collecting and processing is necessary and proportionate for executing the service operations. Data may also be processed when legal obligations require us to do so, or to protect vital interests of the visitor and/or user, or another natural person, or when directed by an official authority in the interest of public law.
4. How do we collect Personal Data?
Collection of personal data by JCE occurs by the following actions of the visitor and/or user:
– Visit the website and/or its related domains
– Create an account
– Fill in of data forms
– Contact us by e-mail, telephone or other means
All personal data is solely collected by essential cookies, for strict necessary operations. A cookie is a text file that is necessary for the provision of services by the website functions. The essential cookies of this website consist of session and login cookies to collect session and login information.
The cookies used on this website are as follows:
| Cookie Key | Description | Type | Party | Duration |
| cookieyes-consent | CookieYes sets this cookie to remember users’ consent preferences so that their preferences are respected on subsequent visits to this site. It does not collect or store any personal information about the site visitors. | Essential | First Party | 1 year |
| wordpress_test_cookie | WordPress sets this cookie to determine whether cookies are enabled on the users’ browsers. | Essential | First Party | Session |
5. Data Usage Purpose and Storage
The purpose for collecting and processing personal data by JCE is executing service operations related to the website. Any personal data is not shared with third parties unrelated to the website, such as for marketing purposes.
All personal data is solely stored within the European Economic Area, and is stored for as long as required by governing law and for as long as reasonably necessary for the purpose for which the data is used. As long as membership continues, data is stored for as long as reasonably necessary for the provision of services to the member and other members. After termination of membership, personal data is only stored for statistical purposes and to handle any disputes.
Any form of information including personal data is stored securely by JCE in accordance with data protection obligations, in particular the General Data Protection Resolution EU Regulation 2016/679, hereinafter referred to as the GDPR, amongst all other applicable data protection laws.
6. What are your rights
Collecting and processing personal data in accordance with the GDPR ensures several legally enforceable rights. The rights and procedure available to you in enforcing these rights are described in the list below.
Right to Withdraw Consent
You can withdraw your consent for the processing of your personal data at any time. Please note that any processing that has taken place until we are informed of the withdrawal is considered lawful.
Right of Access
You can request access to your personal data if you want to know what data about you is processed.
Right of Rectification
You have the right to request a correction if you find an error in your data.
Right to Erasure
You can request that we erase the personal data about you, in cases such as below:
– Data is no longer reasonably necessary for the purpose for which they are processed.
– The processing of personal data is unlawful.
– The personal data is that of a minor (less than 13 years) for whom you have parental responsibility.
– Data was obtained based on your consent and you want to withdraw that consent.
We may have the right to deny your request when legal duties prevent us from immediate erasure, as well as when processing of the data is reasonably required in preparation for legal disputes. In such case we will block the data from being able to be used for other purposes.
Right to Restriction
You can request that our processing of your personal data be wholly or partially restricted, but not erased.
Right to Object Certain Types of Processing
You have the right to object to all or specific types of processing of your personal data.
Right to Data Portability
You have the right to data portability, if you need A prerequisite for data portability is that the transfer is technically possible and can be done automatically.
Right to Complain
You have the right to complain to a Data Protection Authority about the collection and use of personal data. For more information, please contact your local data protection authority in the EEA. If you are in the Netherlands, you may complain to the Autoriteit Persoonsgegevens, Dutch Data Protection Authority (https://autoriteitpersoonsgegevens.nl).
Exercising your rights
You can submit your request to invoke your rights or complaint to us by sending an email. When you submit such a request or complaint, we may ask to submit certain information for identification to ensure the information is requested by and provided to the right person. We will respond to your request without undue delay, or not later than within 30 days.
7. Contact Information
If you have any questions about the privacy policy or you want to request to invoke your rights, please contact JCE on the email address: info@monojapan.nl.
