General terms and conditions and privacy statement TinyFindy®
What is the TinyFindy website intended for?
Tiny Houses are a rapidly emerging innovative housing movement in the Netherlands. The houses, in which the residents live by conscious choice, are small (< 50 m2 living space), sustainable (often self-sufficient as much as possible), detached and intended for independent and permanent residence. The website www.tinyfindy.com has been set up for the sale and rental of Tiny Houses, land on which Tiny Houses can be located and products and services related to Tiny Houses. The website is not intended for (micro) apartments or houses for temporary residence, such as holiday homes.
Terms and Conditions
Article 1. | Definitions
In these general terms and conditions, the following terms, always capitalized, are used with the following meaning:
- TinyFindy®: the user of these general terms and conditions, located at Juttepeer 3, 8121 LH in Olst, registered in the Trade Register under Chamber of Commerce number 65010965.
- User: any natural or legal person who uses the Website, whether or not after registration.
- Registered User: a User registered on the Website, as described in Article 4 of these general terms and conditions.
- Offer/Offer: an offer placed on the Website by a Seller/Landlord, in which Tiny Houses or plots, products or services are offered for Tiny Houses.
- Website: the website www.TinyFindy.com.
- Services: the services offered by TinyFindy® to Users, including those referred to in Article 3 of these general terms and conditions.
- Seller/Landlord: a User who offers for sale or rent a Tiny House or land plot, product or service for the benefit of Tiny Houses through the Website and/or concludes or wishes to conclude an agreement with a Buyer/Renter.
- Buyer/Renter: a User who concludes or wishes to conclude an agreement with a Seller/Landlord with regard to a Tiny House or land plot, product or service offered for sale or rent by that Seller/Landlord in an Offer for the benefit of Tiny Houses.
Article 2. | Applicability
- These general terms and conditions apply to every visit to the Website, the use of the Services by the User and all legal relationships between TinyFindy® and the User arising therefrom. The privacy statement applies to the processing of personal data by TinyFindy®.
- By visiting the Website and/or using the information offered on the Website and/or providing information for the purpose of placing an Offer, the User agrees to the applicability of these general terms and conditions.
- TinyFindy® reserves the right to change and/or replace these general terms and conditions in whole or in part. The User has the option to immediately terminate the TinyFindy® Services. If the User chooses to (continue to) use the Services after changing and/or replacing these general terms and conditions, the amended general terms and conditions will apply from that moment on to the legal relationship between TinyFindy® and the User.
- Notwithstanding the provisions of the previous paragraph, amended or replaced general terms and conditions do not apply to Services paid for by the User, as long as the term for which payment has been made has not expired.
Article 3. | Services from TinyFindy®
- TinyFindy® offers a platform on the Website on which Sellers/Landlords and Buyers/Renters are brought into contact with each other directly or indirectly. Users and other Sellers/Landlords can provide data to TinyFindy® via the “Add Offer” menu, which data will be automatically converted by TinyFindy® into an Offer on the Website under certain conditions. Users and other Buyers/Renters can take note of an Offer on the Website and enter into an agreement with the Seller/Landlord based on this Offer. TinyFindy® only has a facilitating role in the foregoing.
- TinyFindy® may contact Registered Users at the email address they provide to inform them about:
- the performance of the Registered User’s Offer;
- paid and free promotional opportunities to promote the performance of the Registered User’s Offering;
- alternative sales methods for the sale of the Tiny House or land plot offered in the Registered User’s Offer.
- Users can consult and use the information included on the Website for their own use.
- TinyFindy® will never become a party to a legal relationship that is established or an agreement that is concluded between a Seller/Landlord and a Buyer/Renter through the use of the Website and/or the information contained therein. If TinyFindy® points out an alternative sales method to the User, this is only a suggestion. TinyFindy® does not guarantee the validity of this alternative sales method. TinyFindy® expressly refers to the content of article 9 of these general terms and conditions.
- The User cannot claim the retention of certain Services or parts thereof. TinyFindy® is at all times entitled to modify and/or terminate its Services, on the understanding that if the User is thereby disadvantaged in the use of Services paid for by the User, the User is entitled to a refund pro rata of the term during which cannot be used for the paid Service in accordance with the agreement.
Article 4. | Registration by the User
- The use of certain TinyFindy® Services requires the User to register on the Website. Registration is only permitted for persons of legal age and full legal capacity.
- When registering, the User must provide his username, name, address, telephone number, e-mail address and a password. The User must complete the information on the registration form truthfully and immediately update the registered information in the event of (subsequent) changes. Each User may only register with TinyFindy® once. Registrations are non-transferable and may only be used by the Registered User.
- The username and password constitute the access data for the use of the Services for which registration is required. The User must keep his password secret and may not pass it on to third parties. If third parties become aware of the User’s password, the User must immediately report this to TinyFindy® and change the password.
- The entered personal data will be processed and stored by TinyFindy® in order to trace an Offer back to one User and to enforce the obligations imposed on the User in these general terms and conditions. The data is also processed and used to bring other Services – included in Article 3 of these general terms and conditions – to the attention of the User. The privacy statement also applies to the collected personal data and its processing.
- TinyFindy® reserves the right to delete registrations for which the User has not registered for more than 12 months.
- TinyFindy® reserves the right to exclude the User from (further) use of the Website, including by blocking his registration, if the User acts contrary to these general terms and conditions and/or if a User has the interests and/or harms the good name of TinyFindy®.
Article 5. | Providing data for an Offer
- Only Registered Users have the option to provide data to TinyFindy® that TinyFindy® can automatically convert into an Offer on the Website under certain conditions. By registering as described in Article 4 of these general terms and conditions and by providing data via the “Add Offer” menu, the User makes a proposal to TinyFindy® to place an Offer and the User gives permission to TinyFindy ® to automatically convert the supplied data into an Offer. TinyFindy® decides after supplying the data whether it will automatically convert that data into an Offer. Acceptance of the User’s Offer takes place by converting the data provided into an Offer on the Website.
- The permitted number of Offers from one User displayed simultaneously on the Website is limited to five. The number of Offers displayed on the Website per User is in any case limited to five different Offers per calendar month. If a User attempts to display more than five Offers simultaneously on the Website, or if a User attempts to display more than five different Offers per calendar month on the Website, TinyFindy® has the right to, at the discretion of TinyFindy®, to remove all or only the redundant Offers from the User.
- TinyFindy® reserves the right to remove all Offers placed for the User if the User acts contrary to these general terms and conditions.
- After the agreed number of weeks, the Offer can be removed from the Website by TinyFindy®. Offers can be called up via the Website for as many weeks as the User has indicated in the selection screen for “number of weeks of placement” unless the User has previously submitted a request to TinyFindy® for the deletion of data supplied by him. A deletion is carried out automatically by TinyFindy®. The relevant Offer will be removed from the Website within 6 working days. Deactivation or removal of the Offer by the User before the term of the agreed number of weeks has expired will not lead to a refund of the remaining installment amount.
- TinyFindy® is not obliged to automatically convert the information provided by the User into an Offer. TinyFindy® has the right at any time to refuse the conversion of the data and to limit the availability of the Offer placed on the Website in terms of size and time. TinyFindy® also has the right to remove an Offer from the database or the Website or to prevent the redirection of an Offer, if the data provided by the User:
- not meeting the requirements for drawing up Offers, and/or;
- conflict with applicable laws and/or regulations, and/or;
- conflict with the (intellectual property) rights of third parties, and/or;
- treat another User unfairly, and/or;
- damage the interests and/or good name of TinyFindy®.
If TinyFindy® does not accept the Offer, the payment will be refunded.
Article 6. | Responsibility for content
- The User is responsible for and guarantees to TinyFindy® the correctness and completeness of the data provided by him for the purpose of his registration and the Offer. TinyFindy® is not obliged to check the accuracy and completeness of this data. The User in particular guarantees that the data provided does not conflict with laws and/or regulations and does not violate (intellectual property) rights of third parties. TinyFindy® is not obliged to check whether the data provided conflicts with laws and/or regulations and/or rights of third parties. The User is obliged to immediately provide TinyFindy® with corrections to the data supplied by him and/or to inform TinyFindy® that data supplied by the User must be deleted if the data supplied by the User does not comply. to the requirements for drawing up Offers, and/or when the data provided by the User conflicts with applicable laws and/or regulations, and/or if the data supplied by the User conflicts with (intellectual property) rights of third parties. The User can report corrections and/or deletions directly to TinyFindy®. Corrections and/or deletions submitted will be implemented immediately and automatically by TinyFindy® and will be visible on the Website or deleted within 6 working days.
- If the data provided by the User is contrary to laws and/or regulations and/or violates (intellectual property) rights of TinyFindy® or third parties, the User is liable for all damage that TinyFindy® suffers as a result, including includes any damages and fines that may be imposed on TinyFindy® by third parties. Article 9.6 applies mutatis mutandis.
- The User ensures and guarantees to TinyFindy® that the data supplied by the User to TinyFindy® does not contain viruses/malware and/or otherwise damage TinyFindy® and/or the Website and/or third parties can inflict. TinyFindy® will immediately delete such data upon discovery. If data supplied by the User has caused damage to TinyFindy® and/or the Website, TinyFindy® reserves the right to recover this damage from the User.
Article 7. | Usage rights
- By supplying data for an Offer, the User grants TinyFindy® the following non-exclusive, transferable, unlimited rights in time and space (including the right to grant sublicenses) with regard to the supplied data:
- the archiving and database right, i.e. the right to archive the data in any form and in particular to record it digitally, to include it in databases and to store it on all known storage media and arbitrary information carriers and with other works or connect parts of works;
- the right of reproduction and distribution, i.e. the right to freely store, multiply and make accessible or distribute the data in whole or in part in electronic or other media (e.g. internet, newspapers, magazines);
- the editing right, i.e. the right to freely edit the data, in particular to change it, shorten it, supplement it and connect it with other content.
TinyFindy® also has the right to have the above actions carried out by third parties.
Article 8. | Rights to the TinyFindy® database
- All intellectual property rights relating to the Website and the database belong exclusively to TinyFindy® and/or its licensors. Any rights of the User with regard to the data supplied by him remain unaffected.
- The User is not permitted to make the Website or the database or any content thereof available to third parties in any way whatsoever without written permission from TinyFindy®, to reproduce, distribute, transmit, or in any way whatsoever can also be incorporated into another document or other material. This means, among other things, that the User is not permitted, without prior written permission from TinyFindy®, to request and reuse a substantial part of the content of the Website or the database and/or insubstantial parts of the content of to repeatedly and systematically retrieve and reuse the database within the meaning of the Database Act. An automated data request via scripts, by avoiding search filters by means of search software or similar measures is not permitted.
Article 9. | Indemnification and Liability
- TinyFindy® will never become a party to a legal relationship that is established or an agreement that is concluded between a Seller/Landlord and a Buyer/Renter, by using the Website and/or the information contained therein and/or by referring to a alternative sales method. TinyFindy® is therefore in no way (jointly) liable for any (compensation) claims that originate in the legal relationship or an agreement that has been concluded between the Buyer/Renter and the Seller/Landlord or has arisen (partly) as a result of of the (information on the) Website. To the extent necessary, the User indemnifies TinyFindy® against the (compensation) claims referred to in this paragraph and against any (extrajudicial) (legal) costs of TinyFindy®.
- TinyFindy® is furthermore not liable for any damage suffered by the User in connection with the Services of TinyFindy® or the (sub)contractors or their deputies engaged by it and as a result of: (I) an inaccuracy and/or incompleteness of data on the Website, the conflict with the law or with the rights of third parties of the content of the Website and/or the content of an Offer on the Website (at least the content of the database), (II) any defective quality, safety or legality of the advertised objects or services, (III) the inability to dispose of, incapacity to act and false identity of a Buyer/Renter or Seller/Landlord, (IV) the consequences of technical defects in the (security of the) Website, (V) the refusing to place an Offer or registering a User, (VI) removing an Offer or registering a User, (VII) refusing to provide access to the database or placing content in the database, (VIII) the deletion of files of a User that contain viruses or similar harmful programs, (IX) the inaccuracy and/or incompleteness of the advice, tips and/or other information given by TinyFindy® on the Website, (X) the referral on the Website to a third party website and/or its content.
- If TinyFindy® is liable for damage to a User, this liability is limited to the direct damage to the User. Direct damage is understood to mean: the reasonable costs to determine the cause and extent of the damage, any reasonable costs incurred to ensure that the defective performance of TinyFindy® complies with the agreement between TinyFindy® and the User insofar as these are due to TinyFindy ® can be attributed and the reasonable costs incurred to prevent or limit damage insofar as the User demonstrates that these costs have led to limitation of direct damage as referred to in these general terms and conditions.
- TinyFindy® is never liable for indirect damage, including consequential damage, lost profits, missed savings, damage due to business or other stagnation and damage due to loss of data.
- Any liability of TinyFindy® for direct damage is limited to a maximum of the amount that the User has paid to TinyFindy® for the Services over the last twelve months prior to the event causing the damage. TinyFindy® accepts no liability whatsoever with regard to non-paying Users.
- The User indemnifies TinyFindy® against any claims from third parties, including those from other users of the Website, who suffer damage in connection with the performance of the Services and the cause of which is not attributable to TinyFindy®. If TinyFindy® is held liable by third parties for this reason, the User is obliged to assist TinyFindy® both extrajudicially and legally and to immediately do everything that can reasonably be expected of him in that case. If the User fails to take adequate measures, TinyFindy® is entitled to do so itself, without notice of default. All costs and damage incurred by TinyFindy® and third parties as a result are entirely at the expense and risk of the User.
Article 10. | References to third party websites or services
The Website contains references (for example by means of a hyperlink, banner or button) to websites or services of third parties. TinyFindy® has no control over these websites and services and is not liable for the content of those websites and services. On those websites, the User is subject to the (privacy) rules of the website in question.
Article 11. | Termination
- The User can cancel the TinyFindy® Services at any time. To this end, the User can delete his registration at any time via “TinyFindy®”. From that moment on, it is no longer possible for the User to provide new data for an Offer or to change data already provided. From that moment on, the User’s Offers are no longer visible on the Website. No refunds will be made, even if the agreed placement period of an Offer has not yet expired.
- TinyFindy® may terminate its Services to the User with immediate effect at any time if the User does not comply with the provisions of these general terms and conditions, or does not comply fully, correctly or in a timely manner.
Article 12. | Final provisions
Dutch law applies to the legal relationships between TinyFindy® and the User.
Privacy statement
Naturally, you attach great importance to your privacy. Therefore, the processing of your personal data takes place in accordance with the General Data Protection Regulation.
Processing and use of personal data
TinyFindy® processes the personal data you register via TinyFindy®.com. A user may only register once on the website. TinyFindy® tries to prevent fraudulent offers from being placed. TinyFindy® therefore asks for your first and last name, email address, home address and telephone number and will also check this information for accuracy if it deems it necessary. Your data will not be sold or shared with third parties, unless you give explicit permission for this or if this serves a legitimate interest of TinyFindy®. In the context of a legitimate interest, your personal data provided by you via the website will of course be automatically stored with the hosting provider engaged by TinyFindy®. In addition, your data may also be provided to third parties if this is necessary for the performance of the TinyFindy® services that you wish to use or if TinyFindy® is legally obliged to do so.
TinyFindy® may use your personal data for commercial purposes, for example to provide you with further information about TinyFindy® services or relevant products or services from carefully selected organizations. The latter is only permitted if you have given explicit permission for this. In this context, you will only be informed by TinyFindy® at the e-mail address you registered. If you do not wish to receive information about relevant products or services, you can simply indicate this in the email received.
After anonymization, your personal data will also be used for market research and the optimization of our services. After anonymization, your anonymized personal data can no longer be traced back to you.
Personal data security
TinyFindy® has taken appropriate technical and organizational measures to protect your personal and other data against loss or any form of unlawful processing. Your data is stored on a secure server. TinyFindy® also uses security procedures for recording and providing the data. All this to prevent unauthorized persons from gaining access to your data.
Change or delete personal data
You can change the information you have registered quickly and easily by logging into your own account. If desired, you can delete your offer. The offer will then be completely removed from the server within 6 working days. If desired, you can also undo your registration completely by deleting your account. This will delete all data registered by you and your offers. Unsubscribing means that you can no longer use some of our services.
Rights of the data subject
You have the right to request TinyFindy® to inspect, delete and rectify your personal data as well as to limit the processing concerning you. You also have the right to object to the processing and you have the right to data portability. This means that you can submit a request to TinyFindy® to send your personal data that TinyFindy® processes in a computer file to you or an organization mentioned by you.
To ensure that the request has been made by you, TinyFindy® asks you to send a copy of your proof of identity with the request. In this copy, black out the MRZ (machine readable zone, the strip with numbers on the document), document number and Citizen Service Number (BSN). This is to protect your privacy. TinyFindy® will respond to your request as soon as possible, but in any case within four weeks.
To the extent that the processing of personal data is based on consent obtained from you, you have the right to withdraw this consent at any time, without affecting the lawfulness of the processing based on consent before its withdrawal.
If you have a complaint about the way we process your data, we request that you send your complaint to us. We will assess your complaint and respond within four weeks. If you are dissatisfied with our response to your complaint, you can contact the Dutch Data Protection Authority.
Spam and misuse of personal data
Third parties are not permitted to collect the data collected and/or processed by TinyFindy®. Third parties are also expressly prohibited from sending mailings (spam) addressed to the e-mail addresses of users of www.TinyFindy.com using the data collected and/or processed by TinyFindy®. In the event of violation of the aforementioned prohibitions, the third party will forfeit an immediately payable fine of € 1,000 (one thousand euros) per event per person. TinyFindy® will take legal action against the responsible parties in the event of violation of the aforementioned prohibitions.
Data processing notification
The automated processing of personal data has been reported to the Dutch Data Protection Authority, Prins Clauslaan 20 in The Hague, under number m00005479.
TinyFindy® is registered as a brand in the Benelux
Cookies
To make your visit to www.TinyFindy.com even easier, cookies, JavaScript and web beacons are used. These are small files that are sent to your browser and stored on your device. The cookies do not contain any personal data, but store information about your visit to our website. The cookies are expressly not used for other purposes.
Amendments
TinyFindy® reserves the right to adjust this privacy statement from time to time. We therefore recommend that you consult our privacy statement regularly.
Questions
Questions about our privacy statement? Please feel free to contact us:
TinyFindy®
Attn: Marjolein Jonker
info@TinyFindy.com
