GENERAL TERMS AND CONDITIONS
Version: 30 September 2016
In these Conditions, the following terms will be understood to have the meanings assigned to them below:
The Society of Arts [Akademie van Kunsten] and The Young Academy [De Jonge Akademie] (which is part of the Royal Netherlands Academy of Arts and Sciences [KNAW]) that offer the service described in Section 1.1.
Artists who are attending or have attended an art training programme or scientists/scholars working as such who have created an account on the www.mingler.network website.
The online platform which provides the service to be delivered as described in Section 1.1, which will be provided from the website: www.mingler.network.
The Conditions of the Matching Site regarding the processing of personal data, as detailed in the appendix.
SECTION 1 — SERVICE
- The service delivered by the Intermediary consists of offering an online platform for getting in touch with other Participants or of the online matching of Participants who match on the basis of answers provided to the questions asked on the Matching Site. The Intermediary adheres with the service to the legislation as it applies in the Netherlands.
- The Intermediary offers no guarantee of success or of a suitable match.
- Admission to the service is only possible on invitation and after approval of the Intermediary. The Intermediary is not obliged to accept every admission request. The Intermediary can impose supplementary requirements on Participants who wish to make use of the service. These include, for example, requirements regarding education, content of project calls and behavioural requirements. These requirements are indicated on the Website. The supplementary requirements are set only in order to define the target group for the Matching Site and to increase the chance of success or a match.
- The Intermediary cannot vouch for the correctness or completeness of the information provided by Participants. Participants are themselves responsible for the information that they make available on the Website.
- The Intermediary is not responsible or liable for the conduct of Participants, for example during a personal meeting following becoming acquainted via the Website, nor for any collaboration (or the consequences thereof) that may arise from contact via the Website.
SECTION 2 — AVAILABILITY OF SERVICE
- The Intermediary endeavours to ensure that the service is provided to Participants without malfunctions. The Intermediary cannot guarantee a continuous availability of the services.
- As far as possible, the Intermediary will announce maintenance of the Website in advance and will minimise inconvenience as far as possible.
SECTION 3 — CONDUCT OF PARTICIPANTS
- Participants are not permitted to act indecently, wrongfully, or contrary to law, or to cause or encourage others to do so. They are prohibited, for example,
− from using threatening language;
− from uploading improper texts, images, and/or audio material;
− from uploading images and/or audio material(s) that infringe the rights of third parties (for example intellectual property rights).
- Participants are also not permitted
− to make statements in their profile that are not true;
− to distribute and/or acquire commercial information;
− to cause harm or inconvenience;
− to make racist or offensive statements;
− to publicly disclose information from the profile of another user in any way, to duplicate such information in any way, or to use (or reuse) such information in any way without the express consent of the Participant concerned;
− to provide log-in details to third parties; these are strictly personal.
- If a Participant acts against the provisions of Sections 3.1 or 3.2, the Intermediary will be entitled to exclude the Participant from participation, to immediately cancel his/her account, and to immediately alter, block, or delete his/her profile or a part of it. The Intermediary will notify the Participant of such cancelation, alteration, blockage or deletion, stating the reasons.
- The Participant accepts that – if this is reasonably necessary and there is proof – the Intermediary can check the data he/she has provided and his/her conduct in connection with possible violations of the provisions of Sections 3(1) and 3(2).
SECTION 4 — COMPLAINTS ABOUT PARTICIPANTS
- If the Intermediary receives a complaint about a Participant, it will investigate the complaint and if necessary take appropriate measures. The Intermediary will endeavour to delete, alter, or block Participant profiles that contain untrue statements, that are misleading, or that can clearly cause harm or inconvenience to other Participants in some other way.
SECTION 5 — PROTECTION OF PERSONAL DATA
- Use of the Website is subject to the Intermediary’s Privacy Conditions (see appendix). These specify the rules about the process of the Participant’s personal data.
- If the Intermediary reasonably suspects a contravention of the rules set out in Sections 3(1) and 3(2) and other Participants consequently sustain, or may sustain, harm or inconvenience, the Intermediary will be entitled to inspect the data exchanged between Participants via the Website.
SECTION 6 — LIABILITY
- The Participant is liable vis-à-vis the Intermediary for harm resulting from failure by the Participant to comply with these Conditions or as a result of an unlawful act by the Participant, for example as a result of contravening the provisions of Section 3.
SECTION 7 — DURATION AND CANCELLATION OF PARTICIPATION BY PARTICIPANT
- Participation in the Website is in general for an indefinite period of time or for as long as the Website exists.
- The Participant can withdraw from participation at any time. Such withdrawal shall be effectuated by going to “account settings” and clicking “Deactivate Account”.
- After the confirmation of the withdrawal by Participant, the Intermediary will deactivate the Participant’s profile as soon as possible, but in any case within two (2) weeks after said confirmation.
- The Participant’s personal details will be retained for a maximum of one (1) year after deactivation. The purpose of said retention is to enable the Participant to once more call up his/her profile on the Website during that period, or to enable the Intermediary to investigate complaints that are submitted subsequently. All of Participant’s personal details will be removed after one (1) year.
SECTION 8 — AMENDMENTS
- These General Conditions may be amended by the Intermediary. Amendments will be announced on the Website.
APPENDIX: PRIVACY CONDITIONS
The Intermediary uses the information and other personal data provided by the Participant only in the context of the services delivered by the Website. In processing and administering personal data, the Intermediary complies with all legislation and regulations governing the protection of the Participant’s personal data. The personal data uploaded to the Website by the Participant will be stored in a protected file that is only accessible to the officials designated by the Intermediary.
Use of Services
Unless the Participant has indicated otherwise (see below), the personal data provided by the Participant, including his/her e-mail address, will only be used in order to facilitate proper delivery of the services offered by the Intermediary and for providing information.
Provision of Information
When a Participant registers to use the Website, the e-mail address that he/she provides can be used periodically to send him/her questionnaires, updates regarding matches and invitations to meetings. If the Participant does not wish to receive such questionnaires and/or invitations, he/she can indicate such when creating the account by answering the relevant question in the negative. If the Participant later decides that he/she no longer wishes to receive questionnaires and/or invitations, he/she can communicate such to the Intermediary via email@example.com.
Visits to Website
General visitor data may be collected when a Participant visits the Website. Said visitor data is used to measure the number of visitors, the pages viewed, the average length of visits, and any registrations. Cookies are used to record such visitor data. Said cookies only contain data that is used to identify the Participant.
If the personal data provided by the Participant is no longer applicable, he/she can at any time alter that data. If the Participant wishes to object to the use of personal data by the Intermediary, he/she can contact the Intermediator in writing via firstname.lastname@example.org.