Acknowledgment and Acceptance of Terms of Use
Welcome to Elephant.studio (also referred to as the “website” or the “Site”). This website is operated by Elephant B.V. (the “Company,” “we” or “us”), and access to the website is available only on the terms and conditions described in these Legal Notices. BY USING THE SITE OR ANY OF THE SERVICES, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS SET FORTH BELOW AS IF YOU HAD SIGNED A WRITTEN AGREEMENT. Please review these Legal Notices carefully. By using the Site, you also represent that you are of legal age to form a binding agreement under the applicable laws of the Netherlands. If you do not agree to these terms, you should not use the Site or any of the Services. The Legal Notices for this Site may be revised at any time by us without any specific notice to you. The latest and most current version of the Legal Notices will be posted on this Site and available for your review at any time.
Intellectual Property Rights
The content, organization, graphics, designs, videos, compilation, magnetic translation, transmissions, digital conversion, and other materials appearing on the Site contain copyrighted materials, trademarks, service marks, trade dress, and other proprietary materials (collectively, the “Intellectual Property”) which are owned by the Company, its licensors, clients, affiliates, or other third parties. The Intellectual Property is protected by state and federal laws, and international conventions.
You may view and use the Intellectual Property solely for your own personal, non-commercial use, and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. No part of the Intellectual Property may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use or for your organization’s internal use for non-competitive purposes. You do not acquire ownership or proprietary rights to any content, Intellectual Property, Content, document, or other materials viewed through the Site. All rights in the Intellectual Property are reserved to the Company or its licensors, clients, affiliates, and other owners of such Intellectual Property.
You understand that the website and software embodied within the website may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by the Company and/or content providers who provide content to the website. You may not attempt to override or circumvent any of the usage rules or security components. Any unauthorized reproduction, publication, further distribution, or public exhibition of the materials provided on the website, in whole or in part, is strictly prohibited.
“ELEPHANT,” and “ELEPHANT B.V.” are trademarks and service marks of the Company. Other building, project, and company names, as well as names of products and services, appearing on the Site may be trademarks of their respective owners.
Policy Concerning Children
Our website is not intended for use by children under the age of 13.
Site Security Rules
Users are prohibited from violating or attempting to violate the security of the Site, or interfering with any other user’s access to, or use of, the website.
We reserve the right to monitor, review, retain, and/or disclose any information resulting from or relating to your use of the website as necessary to satisfy any applicable law, regulation, legal process, or governmental request.
No Warranties or Representations by the Company
ELEPHANT has made every effort to present all of the information of the website accurately and honestly. However, each user assumes the responsibility for the use of any materials or information provided on or from this site. The Company does not represent, guarantee, or verify the truthfulness, accuracy, reliability, or copyright status of information, content, or materials presented on the website.
Unsolicited Submissions
The Company does not accept or consider creative ideas, suggestions, or materials. We ask that you do not submit or send such materials to us except if you are applying for employment (see Employment). If you send creative suggestions, ideas, notes, drawings, concepts, materials, or other information (collectively, the “Information”) to us, except as part of any application for employment, despite our request that you not do so, you automatically grant to the Company, and its successors and assigns, a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, display, create derivative works from, and distribute the Information you submit to us, or to incorporate the Information you submit to us, into any form, medium, or technology now known or later developed throughout the universe. In addition, you warrant that all “moral rights” in the materials or suggestions you submit have been waived and agree that none of the Information shall be subject to any obligation of confidentiality on the part of the Company.
Disclaimer of Warranties
You expressly agree that your use of the Site is at your sole risk. The Site is made available for information purposes only on an “as is” and “as available” basis. The Company expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
All responsibility and liability for any damages caused by viruses contained in any electronic file or document is disclaimed.
We disclaim any duty or obligation to update any information on our site. Information about other companies should not be relied upon as being provided or endorsed by the Company.
Limitation of Liability
We and our affiliated parties have no liability whatsoever for your use of any information, or your inability for any reason to use the Site. The Company shall not be liable for any indirect, incidental, special, or consequential damages, including, but not limited to, damages for loss of profits, business, use (or inability to use), data, or other intangibles, even if the Company has been advised of the possibility of such damages, resulting from the use or the inability to use the website or from transactions entered into with the Company through the website or resulting from unauthorized access to or alteration of transmissions or data. The negation of damages set forth herein is a fundamental element of the bargain between us and you. This Site and the information on the Site would not be provided without such limitations. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages. Therefore, some of the above limitations may not apply to you.
Indemnification
You agree to indemnify and hold harmless the Company, its subsidiaries, affiliates, independent contractors, and partners, and their respective officers, directors, shareholders, employees, celebrities, agents, attorneys, and representatives, from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site, your violation of these Legal Notices, your violation of the rights of any third party, or arising out of or relating to any Information submitted by you.
User Information
Please review our Privacy Policy. Our Privacy Policy, which may change from time to time, is a part of the Legal Notices.
Links to Other Sites
The website may contain links to other Sites. We are not responsible for the content, accuracy, or opinions expressed in such Sites, and such Sites are not investigated, monitored, or checked for accuracy or completeness by us. Inclusion of any linked site on our website does not imply approval or endorsement of the linked site by us. If you leave our website and access these third-party sites, you do so at your own risk.
Miscellaneous
The Legal Notices shall be governed by and construed in accordance with the laws of the Netherlands, without regard to conflicts of law provisions. Each party hereto agrees to submit to the exclusive jurisdiction of the courts of the Netherlands and waives trial by jury and any objection based on forum non conveniens or venue. Any lawsuit arising out of or related to the Site or any of the Services must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. All causes of action are subject to disclaimers, limitations, and exclusions set forth above. If any provision(s) of the Legal Notices is held by a court of competent jurisdiction to be unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. The Company’s failure to exercise or enforce any right or provision of the Legal Notices shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Company in writing. The section titles in the Legal Notices are used solely for the convenience of the parties and have no legal or contractual significance. The Legal Notices constitute your entire agreement with the Company. The Company reserves the right to make changes to the web site, these Legal Notices, and its disclaimers and policies at any time. Our failure to enforce any provision of the Legal Notices shall not be deemed a waiver of such provision nor the right to enforce such provision.
Privacy policy
This privacy statement contains our information, explains personal data and the processing of personal data and for what purposes we process your personal information. It explains your rights, what we do to ensure your personal data are safe and how long they are stored. This privacy statement applies when you visit our website (www.elephant.studio), close contracts and for job applications.
Our information
ELEPHANT B.V.
Weesperstraat 103
1018VN Amsterdam
Chamber of Commerce number: 62172409
Phone number: 020-3415808
info@elephant.studio
www.elephant.studio
Personal data
Personal data are data that provide information about you that directly or indirectly identify you.
Processing personal data
By processing personal data we mean the collection, recording, organisation, storage, adaptation or alteration, retrieval, consultation, use, disclosure by forwarding, dissemination or otherwise making available, combining, blocking, erasure or destruction of your personal data.
Purposes
We process your personal data for the following purposes: the implementation of the agreement, so that we can contact you, to send newsletters if you gave permission and for job applications. We only process personal data that are necessary for these purposes.
We also process your personal information to fulfil legal obligations, improve our services, to investigate complaints and to prevent fraud. We never sell your personal information to third parties. We don’t draw up profiles of you and we don’t take automated decisions that can have significant consequences for you. In order to take care of your personal data, we conclude a processing agreement with companies if those companies process your data in our assignment.
Personal data that we process
In order to carry out the purposes, we process the following personal data
– First and last name
– Gender
– Address
– Phone number
– E-mail address
– Date of birth
– Birthplace
– Civil service number
– Personal data resume
– Personal portfolio
– Bank account number
Your rights
Wish to know which personal data we processed? Send an email to info@elephant.studio with a request for access to your data. You will receive a response to the request within four weeks.
Are your personal data incorrect, incomplete, and/or irrelevant for the purposes for which they are processed or otherwise in breach of the General Data Protection Regulation (GDPR) or other legislation? Then you have the right to correction of your personal data. Correction means correction, addition, deletion or blocking of your personal data. You also have the right to object to the processing of your personal data, the right to have less data processed, the right to withdraw permission you have given and the right to data portability. Send your request to administratie@tank.nl. You will receive a response to the request within four weeks. We would also like to point out the possibility of submitting a complaint to the Dutch Data Protection Authority.
Safety
Personal data are personal and should remain personal. We find it just as important as you that your personal data do not go public or are processed unlawfully. We therefore apply all possible technical and organisational measures to safely handle your personal data. To secure your personal data we use passwords for electronic systems and a secure internet connection.
Storage personal data
Your personal data will be deleted after 5 years. We do not store your personal data longer than is strictly necessary for carrying out the purposes. If there are legal requirements applicable to the storage, the personal data are no longer stored than required by law.
Read the legal relationship client - architect, engineer and consultant DNR here : https://www.bna.nl/documenten/rechtsverhouding-dnr-engels