Terms of Service

Welcome to GDPRWise, an online GDPR tool designed for businesses, professionals and organisations.

We ask that you read these terms of service before you access or use GDPRWise.

GDPRWise is operated by GDPRWise BV, Arthur Goemaerelei 50, 2018 Antwerp, Belgium with company number 0759426856. These terms of service apply to all customers who access or use GDPRWise.

By accepting the terms of service and privacy policy of GDPRWise, you agree that these terms of service and privacy policy govern the relationship between you and GDPRWise BV and that these terms of service and privacy policy are binding upon you.

You also accept that these terms of service and privacy policy may be amended by us. Any such amendment will be published on our website.

Where these terms of service refer to "we", this refers to GDPRWise BV. Where these terms of service refer to "you" or "your", this refers to the entity you represent (the customer).

If you cannot agree to these terms of service or the privacy policy, you may not use the tool.

You may use the tool by means of an internet browser that meets the standard requirements and is sufficiently up to date. You are responsible for your own internet access and for the equipment you need to do so.

Opening an account

The person who opens an account will automatically be designated as the account owner and as the GDPR coordinator. The GDPR coordinator is the customer's contact person who bears the day-to-day responsibility for the account. Your account may only be used by a single legal entity (e.g. a company or organisation) or by an individual user. You must provide the full legal name of the customer, address, a valid email address and all other information required to open an account. We only ask for information that we believe is necessary to provide a proper service, to invoice our services and to comply with all tax and legal obligations.

The customer is the data controller for the personal data that the customer enters into the tool and for all activities for which the customer uses the tool. GDPRWise always acts as the data processor in these processes.

GDPRWise will carry out the customer's instructions for processing, possible sub-processing, the fate of the data at the end of the agreement and any possible transfer of data. When processing the personal data that the customer has processed, GDPRWise takes adequate security measures with respect to personnel and appropriate technical and organisational measures, taking into account the state of the art, the cost of implementation, and the nature, scope, context and purpose of the processing, as well as the varying likelihood and severity of risks to the rights and freedoms of natural persons associated with the processing. GDPRWise will provide the customer with all possible assistance to enable the customer to meet its GDPR obligations with respect to the processing on the tool, both towards individuals and towards the competent authorities.

The customer acknowledges and accepts that, where the customer allows a third party to open an account on its behalf or where the customer grants a third party or an employee of that third party access to or designates them as dossier coordinator of the customer's account, that third party will have the ability to manage the customer's account information and access the customer's account. That third party will also have access to the customer's personal data.

You may invite users ("User") to have access to your account and to register as a user.

Availability and support

We endeavour to ensure that GDPRWise is available to customers and users without interruption. It is inevitable that there will be periods of unavailability of the tool during maintenance or upgrade activities. We will try to inform the customer and the user of such works in advance. However, we cannot be held liable if GDPRWise is unavailable for any reason at any time or for any period.

We reserve the right to temporarily suspend access to your account without prior notice in the event of system failure, maintenance or repair, or in the event of force majeure.

We only provide technical support by email and on a best-efforts basis.

You agree to provide us with all accurate details of any malfunctions or errors when we request them. You acknowledge and accept that we cannot give any guarantee as to whether we can fix any or all malfunctions or errors.

Duration of the agreement

The duration of a paid subscription ("Duration") is 1 year. The year starts on the date of purchase of the paid subscription. The subscription is automatically renewed annually for 1 year, unless we or you confirm at least 30 days before the end of the current year that the subscription will be terminated at the end of the current year. This confirmation can be made either via your account page on the tool or via an email to billing@gdprwise.eu.

A free trial subscription will automatically end 2 weeks after its creation. Your account will be deleted 1 month after termination. Upon deletion of your account, you will lose your account and all data in the account.

Pricing, invoicing and payment

The standard price for the paid GDPRWise subscription and the services provided is based on the subscription plan chosen by the customer. The customer will be invoiced annually and the payment term for all invoices is 30 days from the invoice date. It is not possible to obtain a refund or credit for a portion of the subscription period.

The subscription fee is payable until the account is terminated, even if you never use GDPRWise. For a free account, you do not need to provide payment card details. If you upgrade from a free account to a paid account, there is no trial period. You will be invoiced immediately after you have completed the upgrade.

All prices and subscription fees are exclusive of applicable taxes, levies or charges. The customer is responsible for paying all taxes that the customer's purchase entails, unless GDPRWise is legally required to pay and/or collect the taxes.

Suspension and termination

We reserve the right to terminate your account if you fail to pay any outstanding invoice. We will inform you in advance of our intention to terminate your customer account by email. If you fail to make payment within 14 days of this email, we reserve the right to terminate your account without further notice.

We reserve the right to immediately terminate your account if your account is used to commit a breach of these terms of service, or if you fail to perform these and all other agreements in good faith.

We reserve the right to terminate the applicability of these terms of service without giving any specific reasons, provided we give you 30 days' prior notice.

When your account is terminated, your account and all data in the account will be permanently destroyed.

Intellectual property rights

All intellectual property and any claim to GDPRWise, the tool, the services, the materials and any other assets including but not limited to photographs, images, texts and templates remain our property and no authority or ownership right is transferred to the customer.

No part of GDPRWise may be reproduced or stored in any other system. No part of GDPRWise may be incorporated into any public or private electronic retrieval system or service without our prior written consent.

Liability

The GDPRWise tool works as delivered without any condition or warranty. We endeavour to ensure that all information we provide is correct, without being able to guarantee the complete accuracy or completeness of this material.

We reserve the right to make changes to GDPRWise or to change the products or prices described on the website. We may do so at any time without being obliged to inform you in advance.

You acknowledge and accept that the total amount of our potential liability towards you, both contractual and non-contractual, can never exceed 100% of the total amount (taxes, VAT and other levies excluded) paid by you to us during the twelve (12) months preceding the event giving rise to the damage.

Confidentiality

All information entered by the customer into the tool will be considered confidential information, except as excluded below.

Each party may disclose the other party's confidential information to its employees and agents who need the confidential information for the purposes of these terms of service, but only if the employee or agent is bound by confidentiality obligations equivalent to those set out in these terms of service.

Transfer of rights

In the event of any transfer, merger or acquisition of GDPRWise into any other company, or in the event of a sale or any other transfer of the assets of GDPRWise to another company or entity, these terms of service will remain in force.

Communication between the parties

All communication between GDPRWise and you will be by email.

Changes

We reserve the right to change these terms of service and our privacy policy at any time. We will notify you in a timely manner of any substantial changes. All changes will take effect on the date of the change.

Force majeure

We are not liable or responsible for unforeseeable and unavoidable events that are beyond our control and constitute an insurmountable obstacle to the performance of our obligations ("force majeure"). This includes, but is not limited to: strikes, civil unrest, fire, flood, epidemic, pandemic, the inability to use telecommunication networks, and decisions of any government authority.

Severability

If one or more provisions of these terms of service or the performance thereof is void, invalid, unlawful or unenforceable, the remaining provisions of these terms of service shall remain fully valid, lawful and enforceable.

Applicable law and competent court

Both parties agree that Belgian law applies to these terms of service and the agreement between the parties. Only the courts of the judicial district of Antwerp have jurisdiction to hear disputes concerning these terms of service and the agreement between the parties.