Terms & Conditions

Chapter 1: What do we mean by certain words?

We use certain words in the agreement and in these Terms. Below you can read what we mean by some of these words.

Chapter 2: Which agreements apply to the Datakeeper Service?

2.1 Use of the Datakeeper Service

1. These terms and conditions apply to the use of the Datakeeper Service, the App and Datakeeper Wallet, of which Datakeeper B.V. is the provider.

2. Unless we have expressly agreed otherwise with you, you may use the Datakeeper Service only for yourself (personal use).

2.2 Information about the Datakeeper Service.

1. In our App and in Chapter 4, we describe the possibilities for use of the Datakeeper Service.

2. If you receive our Contract or an amendment thereto from us, then you will be responsible for ensuring that you can always access this contract or amendment thereto, by printing this Contract or saving it to your Device, for example.

3. We may provide you with information through the Datakeeper Service. This information may be about the Datakeeper Service used by you, for example. For further agreements regarding information, see the 'Information' clause in para. 6.2.

2.3 What do I need to use the Datakeeper Service?

1. To use the Datakeeper Service, you must install the App and apply a Security Code in the manner prescribed in the App.

2. You need a Device, the App, an account and a Security Code if you wish to start using the Datakeeper Service.

2.4 Regulations

You are required to comply with our Regulations. Regulations may concern, for example, the safe use of the Datakeeper Service, the Security Code or the safe use of your Device. However, it may also concern limits or specifications for your Device to be able to use the Datakeeper Service. Regulations may also be temporary.

2.5 Amendments to the Regulations

We may amend or replace the Datakeeper Service Regulations. We will inform you of new or amended Regulations in a timely manner. For example, via the App or via e-mail.

2.6 Use of the Datakeeper Service for legal acts with third parties

1. To the extent that such falls within the possibilities for use, you may use the Datakeeper Service to enter into contracts or perform other legal acts with a Receiving Party. For example, you can take out insurance from an insurer or buy or lease goods from a Receiving Party.

2. If you make agreements with a Receiving Party through the Datakeeper Service, we will not be considered a party to those agreements. Additionally, we are not responsible or liable for the performance of the agreements by you or the Receiving Party or for storing the evidence of the agreements made between you and that Receiving Party.

2.7 Binding effect of legal acts

1. If legal acts – including acts of disposition – are performed with your Datakeeper, Device, biometric feature and/or security code via the Datakeeper Service, this will be binding on you.

2. You are also bound by all legal acts performed by another person through your account using the Datakeeper Service, a Device, biometric feature or Security Code.

3. A report as referred to in Article 3.2 (Reporting Center for Incidents) does not affect the validity and binding effect of legal acts already performed prior to the reporting of the incident.

4. We may agree on new methods with you regarding the performance of legal acts, on account of innovations in the Datakeeper Service and changes in applicable laws and regulations. Legal acts performed in this way will also have a binding effect on you. This applies even if another person uses this new method on your behalf.

2.8 Acts with a biometric feature 

If and when the Datakeeper Service supports it, you can voluntarily set a biometric feature on your Device. If your device is suitable for this, the App will ask you to activate this. Some actions in the App may still require your Security Code.

2.9 Notifications

1. If an incident occurs, for example with your Datakeeper App, Device or security code, please report it as soon as possible to the reporting centre as referred to in the 'Reporting centre for incidents' clause. If so requested by us, you will also report the incident to us in writing.

2. Other matters can be reported to us by sending an e-mail to info@datakeeper.nl, unless we specify that you may or must let us know in some other way.

3. If we need to communicate something to you, we will generally do so via a message in the App (through a push notification or otherwise). We reserve the right to inform you by other means.

2.10 Blocking or limiting the use of a Security Code, Device, Datakeeper Wallet or Datakeeper Service

1.     To the extent that we have the ability to do so (now or in the future), we reserve the right to block the use of any Security Code, biometric feature, Datakeeper Wallet or Device with regard to the use of App and the Datakeeper Service. We can also choose to block the entire Datakeeper Service. In that case, you will no longer be able to use the Datakeeper Service. We may do so if we consider it necessary, for example because of security concerns, unauthorised use, fraud or suspected fraud, or a significantly increased risk that you may not be able to fulfil agreements with us. We will exercise this right with due care.

2.     We reserve the right not to effect a legal act performed by you or on your behalf if there is good reason to do so, or if force majeure prevents that legal act from being effected.

3.     If an event mentioned in this clause occurs, we will inform you accordingly. We do not need to inform you:

a.     if we have a good reason not to do so. For example, if it is not desirable for security reasons, if it is not permitted, or to prevent fraud;

b.     if you have entered an incorrect security code three times, which has caused the Datakeeper Service to be blocked;

c.     if the impact of having your account blocked is or has been minimal.

4.     We cannot guarantee that we will be able to block or restrict access to your Datakeeper Wallet or the Datakeeper Service because we do not store user data.

2.11   Availability of the Datakeeper Service

1. We endeavour to keep the Datakeeper Service available. However, please keep in mind that the Datakeeper Service is not available at all times. If necessary, take measures to prevent or mitigate the consequences of the unavailability of the Datakeeper Service. For example, by exchanging Data in a different way or by also storing the Data in the Datakeeper Wallet somewhere else.

2. We have the right to take the Datakeeper Service or parts thereof out of use. For example, due to maintenance, fraud or suspected fraud or a malfunction of the equipment, software or infrastructure used.

2.12 Modifying or terminating the Datakeeper Service

1. We have the right to modify or terminate the possibilities for use of the Datakeeper Service. In addition, we have the right to discontinue all or part of the Datakeeper Service.

2. We will exercise these rights as referred to in the first paragraph with due care, for example in case of changes in laws and regulations, adaptation of technology or economic reasons.

3. If possible, we will inform you in advance through the App, for example, if we will be exercising the rights referred to in the first paragraph.

4. We will give you the reasons if you so wish. We will refuse to provide you with the reasons only if we have a good reason to do so. For example, to prevent fraud or to protect the safety or interests of others.

We may also terminate your Datakeeper Service if our records show that you have not used the Datakeeper Service for a long time. You will not be notified about this.

Chapter 3: How can you use the Datakeeper Service safely?

3.1 What should you do?

1. Keep your Security Code secret. Your Security Code is strictly personal. If you can choose a Security Code or change it yourself, make sure that it cannot be easily guessed, for example through a combination of different numbers.

2. Ensure that your Device is never used by another person to access the Datakeeper Service.

3. Ensure that the Device you are using for the Datakeeper Service is properly secured.
   You are responsible for ensuring that your Device, the Internet and/or telecommunications services, equipment and software you use are and remain secure for use of the Datakeeper Service.

4. Report incidents directly to the Receiving Party and follow its instructions. How you can do so is described in the 'Reporting centre for incidents' clause below.

Some safety regulations are explained in more detail below.

3.2 Reporting centre for incidents

Incidents include, for example, hacking or suspected hacking, third-party use of the Datakeeper Service, third-party access to your Datakeeper Wallet, incorrect or corrupted Data, bugs in the App, data breaches, fraud, stolen Security Codes or stolen Devices. This is not an exhaustive list, and other incidents are conceivable.

In the event of an incident regarding Data which you have provided to a Receiving Party, you must contact that Receiving Party's reporting centre.

In the event of an incident regarding the Datakeeper Wallet, the Datakeeper Service or the App, you must contact Datakeeper B.V.'s reporting centre, which can be reached at incident@datakeeper.nl. In addition, please refer to the 'Frequently Asked Questions' (FAQ) on our website (https://www.datakeeper.nl/support).  We will do our best to take action after a report to limit further harm, but we cannot make any guarantees in this respect.

If you have suffered harm due to an incident, then you must also report it to the police immediately. If the Receiving Party so requests, you must provide it with a copy of this police report.

3.3 Points of attention for acting securely with your biometric features

The following security regulations apply with regard to the use of any biometric feature to the extent offered in the App.

1. You may not use the biometric features if there are biometric features of others registered on your Device. You must check this yourself before setting up any of the biometric features. You are responsible for this.

2. f you know or suspect that something is wrong, then you must immediately delete our App and report it to the reporting centre as referred to in the 'Reporting centre for incidents' clause (para. 3.2).  

3. Persons whose biometric features are very similar, such as twin brothers or sisters, may also be able to use your Device if only your biometric features are registered on it. For that reason, you should never give your Device to others. You are responsible for this.

3.4 Points of attention for acting securely with a Device

You must lock your Device with a Security Code. This prevents others from using your Device for the Datakeeper Service.

You can remove the Datakeeper Wallet yourself by uninstalling the App from your Device. In that case, the Data stored in the Datakeeper Wallet will be lost.

3.5 Use of Internet and/or telecommunications services, Equipment and software and security

1. You must use the Internet and/or telecommunications services, equipment, security and software in such a way that it cannot result in any harm for us and/or third parties.

2. We may make use of software that provides additional security for the data connection. In that case, you will be required to use this software. Under no circumstances will we be liable for the use and/or side effects of such software.

3.6 Requirements for using the App

The following will apply to the use of the App.

1. Before installing the App, you must check that the App is actually ours.

2. You may only use the App for its intended purpose.

3. When you no longer use the App or are no longer allowed to use the App, you must remove it from the Device. This also applies if you sell the Device or stop using it yourself for any other reason.

4. On our request, you must install a new version (updates) of our App.

5. We and third parties engaged by us will not be liable for harm caused directly or indirectly by malfunctions or errors of the App or updates thereto, or its use, or for harm caused directly or indirectly because the App or an update thereto does not work on your Device, for example because the memory is full.

6. As long as you use our App, these Terms and Conditions (including any amendments thereto) will continue to apply.

Chapter 4: The Datakeeper Service

4.1 Features

1. The Datakeeper Service allows you to request Data from Issuing Parties and exchange it with Receiving Parties through your personal environment on your Device, your Datakeeper Wallet.

2. You can use the Datakeeper Service if you have installed the App on your device and have been accepted by Datakeeper as a client after your registration.

3. The Datakeeper Wallet and the corresponding security code are strictly personal. You may not provide this code to another person. Furthermore, you may not allow another person to use this code.

4. Only you determine from which Issuing Parties you retrieve Data to send to your Datakeeper Wallet and to which Receiving Parties you then forward the Data.

5. To ensure a secure transmission of Data, the Issuing and Receiving Parties use a digital key that enables them to communicate with your Datakeeper Wallet via an API at your request.

6. Datakeeper is not responsible or liable for the actions of the Issuing Party that are necessary to get the documents requested by you into your Datakeeper. Datakeeper is not responsible for and does not guarantee the correctness and suitability of the Data sent by you to the Receiving Party from your Datakeeper and the Receiving Party's use of the Data.

7. Datakeeper is not responsible for the actions of the Receiving Party that are necessary to get the documents requested by you from your Datakeeper to the Receiving Party. Datakeeper is not responsible for and does not guarantee the decisions that the Receiving Party makes in dealings with you after receipt of your Data from your Datakeeper.

8. It is the responsibility of the Issuing and Receiving Parties towards you to comply with relevant laws and regulations, such as the laws on the protection of personal data. Datakeeper does not assume any responsibility or make any guarantees in this respect.

9. If you want to prevent a particular Issuing and/or Receiving Party from sending Data to you or receiving Data from you through the Datakeeper Service, for example because you feel that they are not handling your data properly, or because there is no longer a need to receive Data from them or share Data with them, then you can terminate the involvement of that Issuing or Receiving Party yourself by no longer involving them in your use of the Datakeeper Service.

10. Once Data, or requests to retrieve or transmit Data, have been provided to an Issuing and/or Receiving Party, this cannot be undone. Other actions taken cannot be reversed either. Contact the Issuing and Receiving Parties to discuss the options in this regard.

11. In the App's history menu, you will find a record of the previous retrievals and transmissions made by you through the Datakeeper Service.

Chapter 5: End of the Contract

5.1 Termination of the contract

1. You may terminate the Contract at any time. You may terminate the Contract without notifying us. Removing the App from your Device will be considered termination. As long as the App remains on your device, the Contract has not been terminated.

2. We may terminate the Contract at any time. A notice period of thirty days applies. The Contract will then end after the notice period.

5.2 Right to suspend the use

1.     After termination of the Contract, we may suspend the use of the Datakeeper Service. This means that you will no longer be able to use the Datakeeper Service. Whether we exercise this right to suspend the use is up to us.

2.     We may also suspend the use if you fail to fulfil an obligation to us, if permitted by law, or in other special cases.

3.     What constitutes a special case that allows us to suspend the use? For example:

a.     If we have doubts as to whether you are allowed to use the Datakeeper Service.

b.     If we have doubts as to whether a legal act performed through the Datakeeper Service was valid.

c.     In threatening circumstances such as possible sanctions by a country.

5.3 Termination

We may terminate the Contract in the following cases, and we will give you advance notice about this where possible.

1.     You fail to comply with one or more of the following obligations or it is foreseeable that you will not comply with them:

a.     an obligation under the Contract;

b.     any other obligation to us;

c.     an obligation under a Contract to a third party if that contract is related to the Datakeeper Service.

2.     An event occurs that negatively impacts our relationship with you or our integrity or reputation. For example:

a.     If you act in violation of laws and regulations.

b.     If our relationship with you or your acts or omissions prevent us from complying with laws and regulations applicable to us.

c.     If, in our opinion, our relationship with you poses a threat to our integrity or reputation.

3.     Another event occurs that is listed as a ground for termination in the Contract. For example, you provide incorrect or unlawful information or statements:

·  you have given incorrect or incomplete information to us or others;

·  you withhold, destroy or manipulate information, or do so with regard to other facts that may cause us harm;

·  you have made a statement in the Contract that is incorrect.

5.4 Consequences of termination of the Contract

1. After termination of the Datakeeper Service, you will no longer have access to the information and Data we have provided to you through the Datakeeper Service. However, you will also no longer have access to any Data you have received from an Issuing Party in the Datakeeper Wallet or forwarded to a Receiving Party. You must take your own prior measures to ensure that you can always access the Data you have stored in the Datakeeper Wallet by other means.

2. If the Contract or the Datakeeper Service is terminated, then we will no longer be obliged to carry out legal acts on your instructions, insofar as they have not already been carried out. 

Chapter 6: Our other agreements with you

6.1 Costs

1. The provision and use of the Datakeeper Service is free.

6.2 Information

We provide information, including about:

The use of the Datakeeper Service.

How we provide information

1. You will be automatically alerted about a message in the App.

2. If the information is incorrect or you believe that information is missing, please let us know right away.

Who may we give information to?

We are all times entitled, if and to the extent that there is a basis for doing so under applicable privacy laws, to provide any information about you, the contract and other rights related to the contract to:

1.     a domestic, foreign or international government, and

2.     our business partners, in order for us to perform our work to the best of our ability. For example, to:

a.     carry out the agreements we have made with you,

b.     keep our business operations as efficient as possible,

c.     be able to advise you in the best possible way.

3.     We may also provide any information about you to a legal successor of ours.

Personal Data

1.     We process your personal data. The Privacy Statement describes how we handle your personal data. You can find the Privacy Statement in our App.

6.3 Retention of data by us

1. We may collect and retain additional (historical) data about your use of the Datakeeper Service for security reasons, among other things. We may also retain (historical) data about Internet use (such as IP addresses), devices (such as your Device), software and sessions with our systems.

2. These data are used to improve the security of the Datakeeper Service and the use of the Internet and to provide the best possible service to you.

3. We may request additional information about appliances and Devices used by you. We may use all such additional information for the purpose of preventing, detecting and combating misuse of the Datakeeper Service. We may share this information for that purpose with other parties such as public/private investigative agencies and third parties we engage to enable safer Internet traffic.

6.4 Liability and loss

1.     If we are liable to you, then our liability will be limited to the direct loss incurred by you. In principle, we do not compensate indirect loss. Direct loss only includes:

a.     costs and interest that you paid to us in error, and

b.     interest that we should have paid you had we fulfilled our obligations.

The amount to be compensated is limited to a maximum of two hundred and twenty-five euros (EUR 225.00) for each failure and series of related failures.

2.     We are not liable for indirect loss. Including, for example lost profits, loss due to business interruption or consequential loss.

3.     In any case, we are not liable for loss caused – directly or indirectly – by:

a.     malfunctions or errors of:

·  infrastructure (such as electricity supplies), or

·  telecommunications connections (such as, for example, connections for (mobile) telephony and for (mobile) Internet), or

·  Equipment, tools and/or software of Datakeeper or third parties, unless there is question of gross negligence or deliberate intent on our part.

b.     measures of any domestic, foreign or international government;

c.     measures of a supervisory authority;

d.     industrial action at third parties or among our own staff;

4.     If we have engaged other parties in the performance of the contract, and we have been careful in choosing those other parties, then we will not be liable for the actions or omissions of those other parties.

6.5 Evidence

The accuracy of our administrative accounts will be assumed as evidence, subject to proof to the contrary. This includes the administrative accounts of other parties engaged by us.

6.6 Intellectual property rights

All intellectual property rights vested in all or part the App, the Datakeeper Service and the Datakeeper Wallet are and will remain the property of Datakeeper. You may not copy, modify or make the App, Datakeeper Service and Datakeeper Wallet or parts thereof available to third parties without Datakeeper's prior and written consent.

6.7 What happens in case of a merger, demerger, assumption of contract

1.     We can legally merge or demerge. If we do so, our legal successors may do the following, independently and each in full:

a.     exercise all rights and powers in respect of you, and

b.     fulfil all of our obligations to you.

2.     We may transfer the legal relationships with you and the corresponding rights and ancillary rights to another party. This can be in whole or in part. That is called assumption of contract. You may not transfer your legal relationship with us.

3.     With the assumption of contract, our legal successors may, with respect to such legal relationships, independently and each in full:

a.     exercise all rights and powers in respect of you, and

b.     fulfil all of our obligations to you.

4.     By signing the contract, you hereby give us permission in advance for such assumption of contract.

6.8 Amendment to the Terms and Conditions and/or the Contract

1. We may amend, supplement and replace the Terms and Conditions and the Contract. We will notify you of this at least 30 days in advance. We may do this in writing and/or online. If you disagree with an amendment to the Terms and Conditions and/or the Contract, you may dissolve the Contract.

2. If any provision in the Contract is not or no longer valid, we may replace it with another provision that is valid. The invalidity of any provision does not affect the other provisions in the Contract or the Terms and Conditions.

6.9 Choice of law and Place of Residence

1. This contract is governed by Dutch law and disputes relating to this contract will be submitted to the competent Dutch court, subject to any exceptions under consumer law.

2. For the purposes of the contract, we elect as our address for service our office in Utrecht at 3521 AZ, Stadsplateau 27.