The Terms consist of two Parts. The Terms apply as per 1 January 2020
Article 1: Definitions
- Access: online access to a Product through a User’s account.
- Agreement: a remote, online agreement (‘distance contract’) concluded between Privacy Academy PRIVACAD and a User based on the User’s Registration via the Platform.
- Consumer: a natural person who acts for purposes other than business and/or professional purposes.
- Payment provider: our provider of electronic payment services: ‘Mollie’.
- Personal data: any information relating to a person, such as (user)name, e-mail address and content of messages insofar as it can be related to a person.
- Platform: www.privacad.com, related websites and all underlying pages.
- Product: a product or service offered by Privacy Academy PRIVACAD, such as education, training, online courses, workshops, digital books and all associated materials and information.
- Registration: a purchase of a Product through a User’s account.
- User: any visitor to the Platform (both Consumer and business visitors).
Article 2: Applicability
- The Terms apply to any use of the Platform by the User, including – but not limited to – browsing the Platform, signing up for an account and Registration. The Terms can be consulted on www.privacad.com.
- Every User who uses the Platform, signs up for an account and/or makes a Registration with regard to a Product offered by the Provider via the Platform and through which an Agreement is concluded, accepts the applicability of The Terms. Each user must explicitly consent to the applicability of The Terms when signing up for an account.
- Deviations from The Terms may be done in writing. In that case the other provisions remain applicable.
Article 3: Registration, payment and Access
- Registration can take place by Users who are logged into an account.
- Payment by the User is made to Privacy Academy PRIVACAD through the Payment provider.
- Once payment has been received, the User will gain Access through his/her account.
Article 4: The price
Prices are stated on the Platform, including the corresponding VAT rate. These prices cannot change during the completion of the Registration. Before payment is made, the User can review the price per Product and the total price of all Products in the shopping cart.
Article 5: Right to revocation
- The right to revocation is the right of a Consumer who has entered into an Agreement, to dissolve the Agreement within 14 days after the day that the Agreement was concluded, without statement of the reason for dissolution.
- By agreeing to the Terms when User signs up for an account, the User provides explicit prior permission for performance of the obligations of User and Privacy Academy PRIVACAD pursuant to an Agreement as a result of a Registration and expressly waives his right to revocation in case of Registration for a Product that consists of digital content that is not provided on a material medium.
- In case of Registration of a Product that does not consist of digital content that is not provided on a material medium, a User can exercise his right to revocation for this Product by directing an e-mail to firstname.lastname@example.org.
Article 6: Association of Data Protection Professionals (ADPPRO)
- On behalf of ADPPRO, PRIVACAD is entitled to legally represent ADPPRO in relation to users and students.
- All users and students enrolled in the ADPPRO related courses accept the terms and conditions of ADPPRO especially the mandatory ADPPRO membership (free for the first year) condition related to ADPPRO specific training programs, that is in those programs which result in ADPPRO certificates of completion. By passing these exams, students will automatically become a member of ADPPRO for the first year for which no additional membership fee is charged. Based on the ADPPRO membership the ADPPRO Professional RDPO Code of Conduct is applicable for ADPPRO members.
Article 7: Privacy
Article 8: Queries, complaints, disputes and applicable law
- Queries and complaints about a Product can be directed to Privacy Academy PRIVACAD through the contact form on the Platform or, if such a form is not available, by sending an e-mail to email@example.com.
- Queries and complaints are usually handled by Privacy Academy PRIVACAD in writing, within 14 days.
- All legal relationships to which Privacy Academy PRIVACAD is a party are exclusively governed by Dutch law.
- Unless the law compels otherwise, the court in Utrecht has exclusive jurisdiction to hear any disputes if the parties cannot reach a settlement of the dispute among themselves.
Privacy Academy PRIVACAD is entitled to unilaterally modify the Terms.
When Terms have been modified, any User who entered into an Agreement prior to the modification, has the right to request that the Terms as prior to the modification be applied to the Agreement instead, if the modification has negative consequences for the User.
A request as referred to in paragraph 2 of this Article, can be made by e-mail to firstname.lastname@example.org.
Article 1: Application
- Part 2 of the Terms is applicable to Users who have opted to become an instructor after creating an account on the Platform.
- By agreeing to the Terms and opting to become an instructor, instructors enter into a service provision agreement with Privacy Academy PRIVACAD under Dutch law. Instructors understand that they are not employees of Privacy Academy PRIVACAD.
Article 2: Instructor obligations
- Instructors are accountable for all content (text, video and audio) that they post on the Platform or that they send to Users (directly or indirectly), including course descriptions, lesson content, resources, quizzes, announcements and e-mails to Users, hereinafter, ‘Content’.
- Instructors ensure that:
- they will behave professionally and create/use their Content only for educational purposes;
- they are sufficiently qualified to teach about their Content and that their Content is as accurate and factual as possible (e.g. based on official and/or reliable sources);
- they respond to student questions, complaints and comments in an adequate, timely and professional manner;
- their Content does not infringe on any intellectual property rights;
- their account information is accurate;
- their Content does not contain anything illegal under Dutch law, misleading or otherwise inappropriate;
- they only represent Privacy Academy PRIVACAD and they will not promote other organisations or services in their Content unless written permission is provided by Privacy Academy PRIVACAD;
- they will comply with reasonable requests by Privacy Academy PRIVACAD.
Article 3: Course publication procedure
Once a course has been created and submitted, it will be reviewed by Privacy Academy PRIVACAD’s Quality Assurance Team. In this period, instructors may be contacted and requested to make certain changes. If the course is deemed to be of sufficient quality and ready for publication, it will be made public and Users will be able to purchase the course on the Platform.
Article 4: Pricing and taxes
- As part of course creation, instructors can submit a price for their course. If a price is not entered, Privacy Academy PRIVACAD will contact the instructor to determine a price.
- Privacy Academy PRIVACAD may be obliged to report income and file tax reports for Value Added Taxes (VAT), or similar taxes under applicable law in countries where students reside. Privacy Academy PRIVACAD may alter the sale price of courses at Privacy Academy PRIVACAD’s discretion for students in different countries, based on the applicable tax law in those countries.
Article 5: Payments to instructors
- When students purchase a course, Privacy Academy PRIVACAD subtracts any applicable taxes, transaction fees and/or other fees. The amount left over is known as the Net Revenue.
- Instructors receive 50% of the Net Revenue unless otherwise agreed in a contract between the instructor and Privacy Academy PRIVACAD.
- Instructors can request withdrawal of their share of the Net Revenue on the Platform.
- Privacy Academy PRIVACAD makes all instructor payments in Euros (EUR). Privacy Academy PRIVACAD assumes transaction processing fees, excluding any foreign currency conversion fees and/or wiring fees.
- Instructors require a PayPal account in good standing and must provide the necessary account information in order for Privacy Academy PRIVACAD to make payments.
- Instructors are responsible for any taxation of their income.
- Payment will be made within 30 days of the end of the month in which Privacy Academy PRIVACAD receives payment for a course.
Article 6: Enforcement
- Privacy Academy PRIVACAD reserves the right to remove Content, suspend pay-outs, and/or ban instructors in cases where an instructor’s Content or conduct does not comply with the Terms, has a negative impact on student experience and/or may represent Privacy Academy PRIVACAD negatively in any way.
- Instructors will be given fair warning prior to enforcement as mentioned in paragraph 1 of this Article. Warnings may consist of written messages and temporary sanctions depending on the gravity of the case.
- In case the instructor’s conduct or Content is illegal or deemed severely inappropriate, Privacy Academy PRIVACAD may impose sanctions without warning.
Article 7: Intellectual property rights
Privacy Academy PRIVACAD owns the rights to any Content that instructors post on the Platform, excluding any external resources for which the rights belong to a third party or which cannot be appropriated.
Article 8: Contractual precedence
Any terms negotiated in an individual contract between you and Privacy Academy PRIVACAD take precedence over these Terms.