Terms & Privacy
The Fine Print
We are fully aware of the trust that you, and your association, place in us. We therefore see it as our responsibility to protect your privacy. This document gives you insight into what information we collect when you use our services, why we collect this information and how we process it. In this way you’ll understand exactly how we work. NLCollect B.V. processes your personal data in accordance with the General Data Protection Regulation of the European Union (EU 2016 / 679.13-14).Collect data
In order to provide the NLCollect B.V. services, NLCollect B.V. registers your name, e-mail address, home address, bank details, telephone number, payment amount, in-app communication, mail content and reservations. When you click on a deep link, which leads you to a page within our system, you can as well adjust your own data if they appear incomplete or incorrect. This data is used to provide the services of NLCollect B.V.Process data
If you agree with this privacy statement, you agree that the above information is made available for inspection to NLCollect B.V., your association and the third parties as mentioned below. This information will only be used to collect amounts due to be recovered for the benefit of your association(s) and to communicate with you in this context.
The following processes will take place by ClubCollect ·
- Communicating regarding payments you need to fulfil (incl. payment requests and reminders);
- Facilitating payments through a secured website;
- Keeping track of completed payments and sending reminders;
- Informing clubs about payments;
- Offering the possibility to pay the membership fee in installments and sharing this information with a financing party if you wish to make use of the possibility to pay in installments.
- Inform clubs about adjustments of the member administration system.
- Register member data and associated subscriptions through a secures website;
- Facilitating functionalities within the member administration system ClubBase and applications of third parties including: Mailchimp, club websites , mobile club applications.
If you use NLCollect B.V. we will, in certain cases, use the (IT) services of third parties for operational or technical purposes, such as the hosting of servers. NLCollect B.V. monitors that these third parties manage the data in line with European privacy law (EU 2016 / 679.27), and has therefore made agreements about the adequate security of your data.Looking into and correct data
You can always ask NLCollect B.V. for an overview of your data, and request that they be corrected (EU 2016 / 679.16) or removed (EU 2016 / 679.17) if the data is incorrect or irrelevant for the intended purposes. However, invoices cannot be deleted due to local regulations. You can send an e-mail to firstname.lastname@example.org, to which we will process your request within 5 to 10 working days.
If, due to your special personal situation, the membership fee collection of NLCollect B.V. causes objections to you, you can inform us in writing or by email at email@example.com stating the reasons for the objection. NLCollect will then consult with your club about an appropriate solution.Security of your data
NLCollect B.V. has taken appropriate technical and organisational measures to prevent unauthorized access to and loss of your data (EU 2016 / 679.32). Among other things, the storage of the data is protected by encryption and the data that is exchanged between you and the web server is encrypted. Data relating to financial transactions is stored and archived within the EU in geographically separate locations so that all data can be reconstructed in the event of a system failure. The security of the systems is certified and regularly checked by specialized agencies. If there is a loss of data, NLCollect B.V. will inform the parties concerned within 72 hours (EU 2016 / 679.34).Adjustments in privacy statement
Possible changes will be announced on the website of NLCollect B.V. and take effect 7 days after the announcement.Questions and feedback
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Terms and Conditions1. General
Welcome to the Clubbase software, which is accessible to designated persons by your club or organisation to support the receipt and proper use of the Clubbase Software and related services. Your use of the Clubbase software and the information, services and functionalities available through this software (collectively referred to as the "Software") is governed by these terms and conditions. These terms are applicable to you and your club or organisation (the “User”) on the one hand NLCollect B.V. (the “Suppler“) on the other hand. In order to use the Software User must fully accept these terms and conditions, which User confirms to have read and understood upon acceptance thereof. User may only access or use the Software if he/she agree to these terms. Any usage of the Software automatically means that User has read, understood and accepted these terms and conditions. The cloud-based Software allows User to manage the club’s/organisation’s member administration, schedules, trainings, competition and offers a variety of functionalities relating to club management. User can choose a variety of different modules (subject to additional pricing). The Contribution Module for instance – as part of the Software - provides the dispatch and receipt of invoices to/from User’s members (payment services) and related services, including the collection of payments on User’s behalf (through the foundation Foundation, affiliated to NLCollect, Chamber of Commerce registration number 61785083, hereinafter the "Foundation"). These services are being delivered through membership cards via fine trade GmbH as a partner of Supplier ("Partner").2. Software
Supplier grants User the non-exclusive right to use the Software via Software-as-a-service (SaaS) as set forth in clause 7. Supplier creates a personal account for the User (“Account”). User confirms that all information submitted by User about his/her organisation is accurate and complete at the time of entering into these terms. User must ensure that the information recorded on User’s Account is always accurate and up to date. Supplier reserves the right to change, amend and/or update the Software, its functionalities and services at all times. Supplier will use all reasonable means to provide the Software to User twenty-four (24) hours a day, seven (7) days a week, all year. Supplier may, however, suspend - at its reasonable discretion – access to the Software in the following cases: (i) to perform maintenance services; (ii) if required by law; or (iii) if User has failed to comply with User’s material obligations under these terms. User shall provide maintenance and support on the Software. User may contact us for maintenance and support on working days. Maintenance includes providing updates, including documentation, of the Software contain a qualitative (e.g. error fix) or functional improvement thereto. All orders consisting partly or in whole of custom work or maintenance that contains functional improvements, are subject to additional pricing to be set by Supplier. Any such custom work shall become an integral part of the Software and subject to the ownership rights of Supplier. The Supplier has the right to make modifications and/or additions to the Software, without prior notification. However, User shall always attempt to notify User of any changes with reasonable notice on the website, by email or through the application. If any such modification results in a new functionality or new features, Supplier shall notify User of the additional price involved (if any). If User discovers a malfunction, this should be reported to the Supplier immediately. After such notification, Supplier shall undertake reasonable efforts to repair the malfunction. Any repairs due to improper use of the Software or due to User’s breach of these terms and conditions shall be borne by User. While Supplier shall undertake reasonable efforts to make available (and regularly back-up) any data accessible through the Software on a continuous basis, it shall remain User’s responsibility to ensure he/she has a backup of all such data on its own servers.3. Security
User acknowledges and agrees that he/she is an authorized User for his/her club or organisation and that User is authorized to undertake any and all actions through the Software functionalities on behalf of his/her club and Supplier may rely upon any of User’s actions to be deemed actions of User’s club/organisation. Supplier shall not be liable for any damages caused by any actions of Users and User shall be responsible for any and all acts of Users, regardless whether they are authorized. User is entirely responsible for maintaining the confidentiality of his/her password and Account and for any and all activities that occur under User’s Account. User agrees to notify Supplier immediately of any unauthorized use of his/her Account or any other breach of security. Supplier will not be liable for any losses User incurs as a result of someone else using User’s password or Account, either with or without User’s knowledge. With respect to the access to and the use of the Software, User ensures that it has (and continues to have) equipment and programs at its disposal that meet the standards and/or requirements determined by the Supplier. User is not allowed to sell, rent, license or transfer the Software to a third party or allow use of thereof by a third party. User is also not allowed to modify the Software in any way. User must not use the Software for any purpose other than as set forth herein. User shall not make copies of the Software and shall not alter, amend or reverseengineer all or any part of the Software. I4. Contribution Module
If User wishes to make use of the Contribution Module, the following section applies. Any related payment services are undertaken by our Partner. Supplier updates the Account of User at the time a Payment has been received on behalf of the User, via Partner and the Foundation. Supplier commits - and will ensure that the Foundation carries this out - to transfer Payments received, after possible deduction of prices and reversed payments due by the User. In order to fulfil any regulatory obligations as such financial service provider, Supplier may require (so-called KYC) information and documentation from User and his/her organisation, which User will provide promptly. The User remains at all times responsible and liable for uncollected payments, including reversed payments, during the term of the Agreement and after its termination (for whatever reason). Supplier no way guarantees that its activities result in successful recovery of all payments. The User ensures that - during the term and after the termination of the relationship - the balance at Supplier - at all times - shall remain positive or zero. If the collected (but not yet remitted) Payments are not sufficient to cover any reversed or non-received Payments, Supplier will inform the User and the User shall, within fourteen (14) days, transfer the funds, in order to replenish the balance. In case of non-observance of the User hereto, Supplier shall be entitled - in addition to any other claims - to pass on statutory interest (capped at 3-month Euribor + 5%) to the User. In the event of termination of the relationship, Supplier reserves the right - via the Foundation - to retain a portion of Payments received but not yet paid, to cover possible future reversals and other User requirements (such as payment of prices). Supplier has the right to (temporary) suspend (a part of) its functionalities offered under the Contribution Modules (which may include the withholding of collected Payments) in the event that: (i) Supplier reasonably suspects that fraud, money laundering and/or terrorism financing is taking place; (ii) the Supplier’s balance is negative for a period longer than thirty (30) days; or (iv) it is required by law, the Partner, banking partners or payment schemes. User shall be informed of such suspension without delay unless prohibited by law.
User can choose to offer payments in installments to its members, whereby the User, at the beginning of the recovery period, shall receive in advance, from Supplier, all Payments in respect of installments. This will be provided with the support of the Partner as factoring partner. The User grants Supplier a limited power of attorney to carry out, on behalf of the User, all actions that are necessary for the receipt of the financing facility by the Partner. Any installments, received after the advance payment will be deducted from the advanced amount. Any risks, associated with the inability to collect payments of to set off with the financing facility, or disputes arising therefrom, remain the responsibility and liability of the User. In case the received payments shall be insufficient to cover the received financing, Supplier will inform the User thereof and, within fourteen (14) days after receipt of the notification, the User shall transfer the relevant amounts via Supplier to the Partner. Any dispute between the User and its members or any legal action against the User by its members, does not give User the right to defer repayment of the financed payment and the payment of the prices.5. Prices and Debit Right
The applicable prices are set forth in a separate pricing sheet as provided/made available to User. All prices are exclusive of VAT and any other levies imposed by the government. The amounts due will be charged inclusive of VAT and including any taxes due the government. Certain prices (and any reversed Payments) – as indicated by Supplier – will be deducted from any Payments which are due to User by Supplier or from its bank account. User – on behalf of the club/organisation- hereby authorize the Supplier to deduct such prices and reversed Payments owed to Supplier, prior settlement, from any Payments collected on User’s behalf or – if such is not possible – from the bank account as provided by User, through a direct debit authorization. For all other prices not deducted, User will pay amounts due within 14 (fourteen) days after the invoice date, without being entitled to any deduction. While Supplier strives to limit any price changes as much as possible, Supplier has the right to change the prices, provided that it gives thirty (30) days notice. In the event that User does not object to the price change during such time period and User continues his/her use of the Software, User is deemed to have accepted the change. Supplier further has the right to impose any additional prices for new functionalities/modules as chosen by User with immediate effect.6. Confidentiality and Privacy
The Supplier and User are committed toward each other to maintain the confidential nature of all data and information regarding each other's organisation, to which parties gain access through activities in each other's service or through the Software. Data and information may only be used for the fulfillment of the agreement between parties. The Supplier has the right to mention the name and logo of on their websites and/or a reference list, and to make these available to third parties for their information. User authorises Supplier to collect all necessary details of the club’s/organisation’s members and to perform any and all acts necessary in order for Supplier to provide the functionalities and related services of Software, which shall at least include (i) membership administration, (ii) contacting the members via email, phone or post, (iii) receiving information from members which members would ordinarily provide to User, (iv) receiving Payments on User’s behalf and (v) administering all received information and Payments. Supplier shall process all personal data available through the Software in accordance with and duly observe its respective obligations under applicable data protection laws. Supplier shall have proper organisational and technical security measures in order to prevent loss theft and/or misuse of personal data in accordance with the applicable data protection regulations. User acknowledges and agrees that the personal data as provided through the Software, may be used, disclosed or processed by Supplier and its affiliates for any or all of the following purposes: (i) to provide related services as part of the software’s functionalities or to receive Partner’s support thereto; (ii) to comply with applicable laws, a court order or other legal process; (iii) to administer and operate the terms and conditions, including, where applicable, conducting identity and credit checks on User, and to conduct Supplier’s businesses; (iv) to market and sell to User products and services offered by Supplier, whether relating to the Software or otherwise; (v) to obtain advice from professional advisors; (vi) to third party investors or potential investors in Supplier or its respective affiliates in the event of the sale, disposal, merger or transfer of the business, or obtaining financing for Supplier’s business, or negotiations in connection with that purpose. Finally, Supplier uses - in certain cases - third parties for the hosting of servers or other IT related servers. This takes place via Amazon Web Services and its data centres based in Europe. Supplier has made arrangements with abovementioned third parties to ensure proper security of User’s personal data in compliance with applicable data protection laws.7. Intellectual Property and Right of Use
Supplier retains all right, title and interest in and to the Software, its features and functionalities and tools accessible through the Software, including all copyrights, patents, trade secrets, trademarks and other intellectual property rights. Supplier reserves all rights not expressly granted. These terms and conditions do not grant or imply any rights to User, other than as set forth in this clause. Supplier hereby grants, under the conditions as set forth herein, to User a non-exclusive, non-transferable right to use the Software available as necessary for the purpose thereof. The right of use is limited to personal use only and is not transferable to third parties (third parties also include holdings, affiliated companies and / or subsidiaries of User). The right of use is limited to the number of Users as agreed with the Supplier. User may use the Software only for lawful purposes and in accordance with these terms and conditions. User is not permitted to copy, duplicate, reproduce, distribute, create derivative works of, or modify the Software in any way whatsoever, personally or through third parties, without the prior written consent of the Supplier. User shall utilize the Software in compliance with the requirements and/or instructions that Supplier may specify. When using the Software, User may not: (i) use the Software and its services in a way that is against applicable laws, interferes with public order/morals or infringes any intellectual property rights or other rights of third parties; (ii) use the Software and its services in a way that could harm them or impair anyone else's use of them; (iii) undertake any act that causes or is likely to cause obstruction to the use or operations of the Software; and/or (iv) remove, modify, or tamper with any regulatory or legal notice or link that is incorporated into the Software.8. Duration and Termination
These terms and conditions shall apply as long as User uses the Software. User is entitled to terminate the use of the Software at any time via the appropriate settings page within the Software. Supplier has the right to suspend access to and use of the Software, in the event that User fails to fulfil its obligations under these terms and conditions or when Supplier determines that the suspension of all or a part of access to the Software is desirable based on objective and reasonable reasons. In the event Supplier suspends the usage of the Software subject to the above, Supplier shall notify User in advance of such suspension except in case of emergency, where Supplier may suspend access to the Software without notice. If Supplier believes that unauthorized or improper use is being made of the Software, it may, without notice and at its sole discretion, take such action as it deems appropriate, including disabling the Account. If the User fails - within 14 days after notification thereof - to remedy such breach, Supplier will be entitled to immediately terminate access to and use of the Software. If the Agreement terminates, User shall be obligated, at its own expense and risk, to cease any use of the Software by User itself and by its members. As of the termination date, User can no longer access any data available through the Software. All invoices already sent will either be retracted or collected pursuant to the provisions of these terms and conditions, as agreed between Parties. Any Payments received until and after termination date, will be transferred to User in accordance with the provisions of these terms and conditions. Any such collection and/or other services after termination date shall be subject to the charges as set forth in the Price Sheet. After the end of the relationship, for any reason, User can no longer derive any rights from these terms and conditions, without prejudice to the continuance of the rights and obligations of parties which by their nature shall continue after the end of the Agreement or as set otherwise herein.9. Disclaimer of Warranty
Supplier shall not be liable for any damages incurred by User or third party as a result of any act by Supplier for the provisioning of the Software in compliance with the terms and conditions. Supplier will not be liable if for any reason all or any part of the Software is unavailable at any time or for any period. From time to time, Supplier may restrict access to (some parts of) the Software. USER’S USE OF THE SOFTWARE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SOFTWARE IS AT USER’S OWN RISK. SUPPLIER MAKES NO REPRESENTATIONS ABOUT THE SOFTWARE, ANY SERVICES OR TOOLS OBTAINED THROUGH THE SOFTWARE, THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS FOR ANY PURPOSE. THE SOFTWARE, ITS CONTENT AND ANY SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OR REPRESENTATION OF ANY KIND, INCLUDING – BUT NOT LIMITED TO - THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SOFTWARE. WITHOUT LIMITING THE FOREGOING, SUPPLIER DOES NOT REPRESENT OR WARRANT THAT THE SOFTWARE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SOFTWARE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT THE SOFTWARE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SOFTWARE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SOFTWARE WILL OTHERWISE MEET USER’S NEEDS OR EXPECTATIONS. SUPPLIER HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAWS.10. Liabilities
While Supplier endeavours that the Software is normally available 24 hours a day, Supplier accept no liability if, for any reason, the Software is unavailable or User’s (inability to) use thereof. Provision of the Software may be suspended temporarily and without notice in the event of system failure, maintenance or repair, or for reasons beyond Supplier’s control. Supplier shall not be liable for any indirect or consequential losses including loss of profit or loss of reputation. Supplier’s total liability to User in respect of losses arising under or in connection with these terms and conditions, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall not exceed the total amount of 5,000 EUR, except in the event of wilful misconduct, fraud or gross negligence.11. Final provisions
These terms and conditions shall supersede any and all prior agreements signed by User and (each of) the Supplier relating to the use of the Software and provision of related services. Supplier has the right to amend these terms at any time and to change, delete, discontinue or impose conditions on any aspect of the Software. Supplier will notify User of any changes to these terms by sending an email to the email address registered with User’s Account or by notifying User from within the application. The proposed change will come into effect one (1) month after the date of the change notice, unless User has given Supplier notice that User objects to the proposed changes before the changes come into effect, in which case Supplier reserves the right to terminate User’s access to the Software. User’s continued use of the Software constitutes User’s acceptance of and agreement to be bound by these changes without limitation, qualification or change. If at any time User determines that he/she does not accept these changes, User must stop using the Software. If any part of these terms is found by a court of competent jurisdiction to be invalid, unlawful or unenforceable then such part shall be severed from the remainder of the terms, which shall continue to be valid and enforceable to the fullest extent permitted by law. These terms shall be governed by and construed under and in accordance with the laws of the Netherlands. Any complaints about the Software or related services shall be addressed to Supplier in the first instance by contacting customer service. Any dispute arising out of or in connection with these terms shall be finally referred to and resolved by the courts of Amsterdam, the Netherlands. Before referring the dispute to court, User and Supplier will endeavour to resolve the dispute by amicable negotiations.Version 1.0 (June 2017)