Candid Group B.V.’s Privacy Policy was updated on 24 May 2018.
Candid Group B.V. (hereinafter: Candid) attaches great value to your privacy. We have therefore drawn up a Privacy Policy that describes how we collect, use, disclose, transfer and retain your personal data. Please take some time to go through it.
Personal data are any data that can be used to identify or contact someone.
When you contact Candid or one of our affiliated member firms, you may be asked to provide your personal data. Candid and those member firms, each of which is a separate legal entity, may exchange and then use these personal data in accordance with this Privacy Policy.
You do not have to provide the personal data we have requested. However, if you choose not to do so, we may not be able to offer you our services or answer any questions you may have in many cases.
Here you will find some examples of the personal data that Candid may collect and how these data may be used.
When you sign up for a Candid newsletter, contact us or participate in an online survey, we may collect various data, including:
• Name
• Postal address
• Telephone number
• Email address
• Contact preferences
Candid lets you register for events through our website www.candidplatform.com or, in some cases, through a third-party website.
Personal data may be collected through the registration forms for those events, with the type of data collected varying for each registration.
Candid may provide registrants’ data in connection with the event to third parties. These third parties may include:
• Hotels
• Financiers or co-financiers
• Event promoters
• Event organisers
• Speakers
• Panel members
To properly understand how your data can be used and stored, we recommend consulting the specific information provided for each individual event.
You can also apply for one of our job vacancies through our website. Details of the recruitment and selection procedure and the data required for that purpose can be found in the relevant section of our website.
With the personal data we collect, we can keep you informed about:
• New press releases
• Upcoming events from Candid
If you do not wish to be on our mailing list, you can always remove your name by updating your preferences.
We may also use your personal data for internal purposes such as:
• Audits
• Data analysis
• Research
• Improving products and services
• Improving customer communications
Candid does not knowingly collect special categories of personal data (sensitive data) through the website unless required by law in specific situations such as recruitment processes.
Sensitive data may include:
• Racial or ethnic origin
• Political opinions
• Religious or philosophical beliefs
• Trade union membership
• Genetic or biometric data used for identification
• Health data
• Data relating to sex life or sexual orientation
• Citizen service numbers (BSN)
• Financial data
This website is not intended for use by children.
Candid recognises the importance of protecting information about children, particularly online, and does not knowingly collect or retain information about children under the age of 16.
If you believe your child has entered personal data on our website, please contact:
legal@candidplatform.com
The information will be removed from our records within a reasonable period.
Candid’s websites and email messages may use:
• Cookies
• Pixel tags
• Web beacons
These technologies help us:
• Understand user behaviour
• Identify which parts of the website are visited
• Measure the effectiveness of email communications
• Improve website searches and functionality
Cookies are small pieces of text data stored on the hard disk or in the memory of your computer, tablet or mobile phone when you visit our website.
Cookies placed through our website cannot damage your device or files.
A cookie allows our website to store certain data (an identifier) in your browser and is applied only when you visit the website.
Cookies are not used to establish the identity of someone who simply visits our website.
Cookies help us keep track of site traffic so we can:
• Identify preferred user locations
• Detect language preferences
• Direct visitors to the correct homepage
Cookies may also be used to ensure that online survey participants cannot vote more than once.
Some pages of the website use cookies to identify areas of interest based on browsing behaviour, allowing us to provide more relevant content.
Certain information is automatically collected and stored in log files, including:
• IP addresses
• Browser type and language
• Internet provider
• Referring and exit pages
• Operating system
• Date and time stamps
• Click behaviour data
These data help us:
• Understand trends
• Administer the website
• Track user behaviour
• Improve products and services
• Analyse demographic information
These data may also be used for marketing and advertising services with your consent.
Our website or email messages may contain links to third-party websites, products or services.
This Privacy Policy does not apply to those third-party websites.
Candid is not responsible for how those websites store or use personal data. We recommend reviewing the privacy policies of any third-party website you visit.
Candid uses several types of cookies. Your consent may be requested to place these cookies on your device.
Candid uses the Marketing Suite of Piwik PRO.
IP addresses are stored temporarily in log files for five days. After this period, they remain for security purposes only for 90 days.
To protect privacy, Candid anonymises IP addresses by removing the last two number groups immediately after importing the log files.
The collected data include:
• Cookies
• IP addresses
• Browser and operating system information
• Search terms used to find the website
• Search terms used on the website
• Links used within the website
• Links used to arrive at the website
Log files remain in the Piwik PRO database for 31 days and are then removed. Only aggregated reports remain for annual website analytics.
Functional Cookies
These cookies are necessary for the website to function correctly and do not collect personal data.
Analytical Cookies
Used to analyse website usage and improve website performance.
A/B Testing and Personalisation Cookies
Used to test variations of website elements to improve user experience.
Conversion Tracking Cookies
Used to understand user behaviour and interactions on the website.
Marketing Automation Cookies
Used to personalise website content and match it with user interests.
Tracking Cookies
With your consent, a cookie may be placed on your device so we can recognise you when you visit websites within our network and display relevant content.
You can configure your browser settings to delete installed cookies or prevent cookies from being stored.
However, disabling cookies may prevent some parts of the website from functioning properly.
In certain cases, Candid may share personal data with strategic partners who help improve or market our products and services.
For example, if you register for an event, data may be shared with:
• Ticket services
• Event partners
• Event organisers
Personal data are never sold or distributed to external parties for marketing purposes.
Candid works with service providers for services such as:
• Data processing
• Order management
• Customer services
• Customer surveys
These providers must comply with the General Data Protection Regulation (GDPR).
Candid takes the protection of personal data very seriously.
Measures are in place to protect data against:
• Loss
• Misuse
• Improper disclosure
Access to personal data is limited to authorised personnel only.
Candid will make reasonable efforts to keep personal data:
• Accurate
• Complete
• Up to date
Personal data are retained only for as long as necessary to fulfil the purposes outlined in this policy, unless longer retention is required by law.
You have the right to:
• Access your personal data
• Request correction of incorrect data
• Request deletion of personal data where applicable
• Withdraw consent for data processing
Requests can be made using the contact details below.
Candid
Attn. Data Protection Officer
Johan van Hasseltweg 27
1021 KN Amsterdam
The Netherlands
+31 20 765 1500
Legal@candidplatform.com
If you are dissatisfied with how your data request has been handled, you may file a complaint with the Dutch Data Protection Authority.
More information can be found at:
www.autoriteitpersoonsgegevens.nl
Candid’s Privacy Policy may be updated from time to time.
If substantial changes are made, they will be announced on the website and the updated Privacy Policy will be published.
Candid
Candid Group B.V., a private company with limited liability, incorporated and organised under the laws of the Netherlands, having its registered office in Amsterdam, the Netherlands, with address at Johan van Hasseltweg 27, 1021 KN Amsterdam, the Netherlands, registered with the Dutch trade register under number 34289214.
Client
The party that awarded the Assignment for the performance of Services.
Contractor
The legal entity that is a subsidiary and under the control of Candid, which has been engaged to perform the Services and has signed the Agreement with the Client.
Agreement, Assignment or Engagement
The contract for services between the Client and the Contractor, under which the Contractor undertakes to perform Services for the Client.
Materials
All information, records, documentation, reports, works, advice, software, source or computer codes or other materials, including analyses, presentations, designs and quotations, developed or provided by the Contractor, Candid or any of its subsidiaries in connection with an Assignment in either digital or hard-copy format.
Services
All services provided and activities performed under the Agreement concluded between the Client and the Contractor in accordance with these General Terms and Conditions.
These General Terms and Conditions apply to all legal relationships between the Contractor and the Client concerning Services performed or to be performed by the Contractor for the benefit of the Client.
Any derogations from these General Terms and Conditions will only be valid if and insofar as the parties have expressly agreed them in writing.
The Agreement will be formed at the moment when the Contractor is again in possession of the engagement letter or the Agreement sent to the Client and co-signed for approval by the Client.
The engagement letter referred to in Article 2.1 will be based on the information the Client has provided to the Contractor and will be deemed to be a correct and complete representation of what was agreed between the parties.
The Agreement will apply for the term agreed between the parties. The Agreement will end when the Services are terminated early and/or have been completed.
Specific term(s) within which the Services must have been completed are only to be deemed final deadlines if this has been expressly agreed in writing in the Agreement.
The parties are permitted to sign the Agreement and any adjustments to it electronically. Each party will also be permitted to sign a different copy of the same document.
Any amendments to the Agreement must be signed off by both parties in writing.
The Client will promptly provide the Contractor with, or arrange the provision of, all information, materials and assistance that the Contractor believes it needs for the correct performance of the Agreement or is obliged to obtain pursuant to the law.
This includes access to:
• Documents
• Systems
• Buildings
• Persons
The information must be provided in the format and manner requested by the Contractor.
If the Client fails to provide the information, or fails to do so in good time, the Contractor will be authorised to suspend further performance of the Agreement with immediate effect.
The Client must also provide, on its own initiative and in good time, all information which it knows or should reasonably know to be important or useful for the correct performance of the Agreement.
The Contractor may expect the information it has received to be correct, complete and reliable, even if it has been provided by third parties.
If the performance of the Agreement is delayed because the Client fails to fulfil its obligations under Articles 3.1 and 3.2, or because the information provided proves to be incorrect, incomplete or unreliable, any resulting costs will be at the Client’s expense.
The Contractor will also have the right to:
• Charge a fee for additional Services
• Suspend further performance of the Agreement with immediate effect
The Client is responsible for any management decisions relating to the Agreement and the use and/or implementation of the outcomes of the Agreement, as well as for deciding whether the Agreement is appropriate for its purpose.
The Contractor will perform the Services in accordance with the arrangements made between the parties in the Agreement and these General Terms and Conditions, to the best of its knowledge and ability and with the due care befitting a good contractor.
However, the Contractor does not guarantee that a particular result will be achieved.
The Contractor performs the Services as an independent contractor and not as:
• An employee
• An agent
• A partner of the Client
• A joint venture participant
Unless agreed otherwise in writing, neither party is entitled to bind the other.
The Contractor will decide which person or persons from its organisation will perform an Assignment and in what manner and with what means the Assignment will be carried out.
The Contractor is permitted to outsource parts of the Services to:
• Other subsidiaries of Candid
• Other third-party service providers
However, only the Contractor will be responsible towards the Client for the performance of the Services and other obligations under the Agreement.
Any periods stated by the Contractor for the performance of the Services are target periods unless the parties have expressly agreed otherwise in writing or unless it follows from the nature, substance or purpose of the Services that these periods are final deadlines.
If additional or different Services are carried out during the performance of the Agreement, the notes in the Contractor’s records may justify the presumption that those Services were carried out pursuant to supplementary instructions falling under the Assignment.
The parties may not disclose the content or existence of the Agreement to third parties.
The parties must observe secrecy and confidentiality with respect to all data obtained in connection with the performance of the Agreement which they know or should reasonably know to be confidential.
In derogation from Article 5.1, each party may disclose confidential information if that information:
• Is or becomes generally known other than through breach of the Agreement
• Is received from a third party with no duty of secrecy
• Was already known to the recipient or independently created
• Must be disclosed to enforce rights under the Agreement
• Must be disclosed pursuant to legislation, rules of law or professional regulations
• Is relevant in legal proceedings in which one of the parties acts on its own behalf
The Contractor may, subject to applicable law, provide information from or about the Client to, obtain such information from and share such information with Candid, its subsidiaries and other service providers for purposes including:
• Performance of the Agreement
• Compliance with supervision requirements and legal obligations
• Prevention of conflicts of interest
• Risk management and quality assessments
• Internal accounting and administration
• Improvement of existing services and development of new services
• IT purposes, including anonymised use for best practices, statistics, research and benchmark studies
The duties of secrecy and non-disclosure will remain in force indefinitely after termination of the Agreement.
The performance of the Agreement by the Contractor will not entail a transfer of intellectual property rights held by the Contractor.
Any intellectual property rights arising during or resulting from the performance of the Agreement will vest in the Contractor insofar as these rights do not also accrue to third parties.
Any intellectual property rights already vested in the Client prior to the Agreement will remain vested in the Client.
Unless determined otherwise in the Agreement, the Contractor grants the Client a right of use in relation to copyrights, database rights and/or other intellectual property rights relating to the results of the Services carried out.
This right of use includes use of the Materials and Services within the limits of:
• The purpose for which they were prepared
• The persons for whom they were prepared
Use for any other purpose or disclosure to other persons will only be permitted with the Contractor’s written consent.
The Contractor grants this right of use free of charge at the moment the right arises.
The fee for the Services will be calculated on the basis of:
• Time spent on the Services multiplied by the hourly rate applied by the Contractor, or
• Whatever the parties agreed in the Agreement
VAT is excluded.
Unless agreed otherwise, costs incurred in the context of the Agreement are not included in the fee and will be charged separately. These may include:
• Overhead
• Travel expenses
• Other out-of-pocket expenses
• Costs of third parties involved in performance of the Agreement
The fee is owed insofar as the Services have been carried out and is not dependent on the outcome of those Services.
If there is a change in wages and/or costs after the formation of the Agreement but before completion of the Assignment, the Contractor may adjust the fee accordingly.
The Contractor may annually increase, as per 1 January of each year, the agreed fee or budget on the basis of the services price index published by Statistics Netherlands, unless determined otherwise in the Agreement.
The fee, together with expenses and invoices from third parties where applicable, will be charged periodically and in principle on a monthly basis unless agreed otherwise.
The Client must effect payment:
• In Dutch currency, or
• For Clients whose principal place of business is in the UK and where the Contractor is a UK legal entity, in UK currency
Payment must be made within thirty days of the invoice date, without deduction, discount or set-off, unless agreed otherwise in writing.
If the Client fails to pay within the specified period, the Contractor may charge the applicable statutory commercial interest over the period from the payment deadline until full payment is made.
All judicial and extrajudicial collection costs incurred by the Contractor in connection with late or non-payment will be at the Client’s expense.
The Contractor may at all times request a reasonable advance payment or additional security from the Client.
If the Client fails to comply, the Contractor may suspend performance of the Agreement with immediate effect, and all amounts owed by the Client will become immediately due and payable.
If the Assignment is awarded jointly by multiple Clients, they will be jointly and severally liable for meeting the payment obligations arising from the Agreement.
The Contractor may hold back documents, works, materials or records created or modified for the Client until the Client has paid all amounts owed in connection with the Agreement or its early termination, except where the Client’s interest outweighs that of the Contractor.
If the Client has any query, complaint or claim concerning an invoice amount and/or associated Services, it must submit it in writing within thirty days of:
• The invoice date, or
• The date it discovered the matter
In the latter case, the Client must demonstrate that it could not reasonably have detected the matter earlier.
The Client is not authorised to suspend or set off payment obligations on account of queries, complaints or claims.
If the Contractor considers the Client’s complaint justified, it may at its discretion:
• Adjust the invoice amount
• Rectify or repeat the Services
• Refund part of the fee already paid without further performance
If the Client fails to submit its query or claim within the relevant period, all rights and claims regarding that matter will lapse.
The Contractor is only liable for losses sustained by the Client, and any affiliated parties for whose benefit Services are performed, where those losses are the direct result of:
• An imputable failure in performance of the Agreement
• A wrongful act
• Liability arising under applicable law
The Contractor’s liability is limited to the amount of the fee charged for the Services that caused the loss, taking into account only the fee relating to the last six months in which those Services were performed, and is in all cases limited to the amount the insurer is willing to pay out.
Neither Candid nor any of its subsidiaries other than the Contractor can be held liable by the Client for any Services, obligations, failures, damages or losses under the Agreement.
Neither the Contractor nor Candid is liable for consequential or indirect damages, including but not limited to:
• Late delivery
• Loss of profit
• Loss of savings
• Loss of revenue
• Loss of goodwill or reputation
• Loss of or damage to data
The Contractor will not be liable for losses caused by the Client’s failure to provide the required information or by inaccurate, incomplete or unreliable information provided by the Client.
The Contractor is not required to fulfil any obligation if prevented from doing so by a circumstance that is not its fault and should not be at its expense pursuant to the law or common opinion.
Force majeure includes all external causes, foreseen or unforeseen, beyond the Contractor’s control, including strikes at the Contractor’s business, third parties or the Client.
If force majeure lasts longer than forty-five days, the Contractor may terminate the Agreement for the part it cannot perform.
Neither party will be entitled to compensation for damage suffered as a result of termination due to force majeure.
If other persons also contributed to the loss, the Contractor will not be jointly and severally liable but only liable for a fair share of the loss attributable to it.
The Contractor is always authorised to limit, mitigate or undo the Client’s losses as much as possible, and the Client will fully cooperate.
The Client indemnifies the Contractor against third-party claims relating to losses arising from the Services performed, unless the Contractor is liable for such losses towards the Client under this Article.
The Client may no longer invoke a defect or shortcoming in the performance of the Services if it has not protested in writing within three months after it detected or could reasonably have detected the issue.
The Client will exercise any rights of claim and recourse only against the Contractor and not against Candid, its other subsidiaries, or their shareholders, directors, officers, partners or employees.
If the Agreement is for an indefinite duration, each party may terminate it at any time with reasonable notice under the circumstances, save for any damages incurred.
If the Client wishes to terminate an Agreement of indefinite duration without cause, a minimum notice period of three months applies.
If there is a material breach of contract and that breach is not substantially remedied within forty-five days after written notice, the Agreement of indefinite duration is terminated after that period.
If the Agreement is for a specific duration, it cannot be terminated before the end of that period unless:
• There are serious reasons for the Contractor to terminate early, or
• The parties agree otherwise in writing
The Contractor may terminate all or part of the Agreement in writing with immediate effect if:
• It can no longer carry out the Services in accordance with applicable law or rules of conduct
• New information comes to light that would have caused the Contractor not to accept or continue the Assignment
• A change of control occurs in the Client leading to a potential or actual conflict of interest
If the Client is wound up, liquidated, declared bankrupt, granted suspension of payments or undergoes substantial debt restructuring, the Contractor may terminate the Agreement immediately and all amounts owed become immediately due and payable.
The Contractor may terminate the Agreement on seven days’ written notice if it cannot obtain or maintain credit insurance in respect of the Client and/or the Client is unwilling or unable to make an advance payment or provide other appropriate guarantees.
During that period, the Contractor may automatically suspend all obligations under the Agreement without being obliged to pay compensation.
If the Agreement is terminated early, the Client must pay the fee owed up to the termination of the Services in full, increased where applicable by other costs and third-party outsourcing costs, without any right of set-off.
Except where explicitly provided in writing, each party excludes or irrevocably waives the right to rescind or annul the Agreement in whole or in part, whether out of court or through court proceedings.
Upon early termination or end of the Assignment, all materials, documents and records relating to the Contractor, Candid or any of its subsidiaries that were furnished to the Client must be returned to the Contractor.
The Client may not retain copies except for those related to Services rendered and paid for.
The Contractor may amend these General Terms and Conditions.
The amended terms will apply once thirty days have elapsed since the Client was informed in writing, unless the Client objects in writing within that period.
If the Client objects and the amendment substantially increases the Client’s obligations, the Client may terminate the Agreement from the moment the amended terms would otherwise become applicable.
If the Client objects in time but does not duly terminate the Agreement, the unchanged General Terms and Conditions remain in force until the Assignment has been completed or the Agreement terminated, but only for up to six months from the end of the thirty-day period.
If the Agreement continues after that, the amended terms will apply from then onwards.
All legal relationships between the Contractor and the Client arising from the Agreement will be governed by the laws of the Netherlands.
All disputes relating to the legal relationship between the Contractor and the Client will be referred exclusively to the competent court in the District of Amsterdam, the Netherlands, unless mandatory law dictates otherwise.
The headings or titles of the articles are intended only to increase readability. No rights can be derived from them.
The Client will not hire employees of the Contractor involved in the performance of the Services, nor try to persuade them to enter the Client’s employment, either directly or indirectly, during the term of the Agreement or any extension of that term and for twelve months afterwards.
If any provision of the Agreement is wholly or partly unlawful, invalid or otherwise unenforceable, the remaining provisions will remain in full force.
No party may assign or transfer all or part of its rights under these terms or the Agreement without prior written consent of the other party.
However, the Contractor may assign its rights without consent to:
• An affiliate under its control
• A successor in law
• One of its financing parties
Neither party may use or refer to the other party’s name, logos or trade marks in public without prior consent, except that the Contractor may use the Client’s name to identify it as one of its clients.
If the Contractor’s employees need to perform Services on the Client’s premises, the Client must provide a suitable workspace that complies with the Dutch Working Conditions Act and relevant policy rules.
In the event of discrepancies between the English-language General Terms and Conditions and the Dutch original version, the Dutch version will prevail, including the Dutch interpretation of legal terminology.
The specific provisions in this chapter apply, in addition to the general provisions, if and to the extent that the Contractor provides hosting services to the Client.
If these specific provisions differ from the general provisions, these specific provisions prevail.
Hosting services are understood to be provided if the Contractor stores data, including personal data, on behalf of the Client and makes this data accessible to the Client via the internet.
The Contractor does not guarantee uninterrupted availability, performance or accessibility of its systems in connection with its hosting services.
If and to the extent the Contractor deems necessary, it may suspend access to its hosting services, render its systems inaccessible and/or take them out of use in order to:
• Carry out maintenance
• Implement improvements
• Ensure safety of the hosting services
The Contractor is not obliged to make back-ups of all data stored on its systems by the Client.
The Client is responsible for making its own back-ups at the frequency it deems adequate.
Liability of the Contractor or Candid for damage resulting from data loss or corruption in connection with hosting services is excluded.
The specific provisions in this chapter apply, in addition to the general provisions, if and to the extent that the Contractor provides secondment services to the Client, including where an employee of the Contractor carries out work on behalf of, with and under the Client’s control and supervision.
If these specific provisions differ from the general provisions, these specific provisions prevail.
The Client must fully inform the Contractor of all relevant employment conditions used by the Client in respect of positions comparable to the position for which the Contractor employee has been seconded, to ensure that the Contractor employee is at least equally remunerated.
If the Client does not meet its duty of disclosure, the Client indemnifies the Contractor on first demand against any actions or claims of:
• The Contractor’s employees
• The tax authorities
• The applicable Employee Insurance Agency
This includes any related legal or tax advice costs incurred by the Contractor.
Before the Contractor employee commences work, the Client must provide proof of professional or accident liability insurance and maintain that insurance throughout the Contractor employee’s employment.
The Client owes a fee to the Contractor if the Client enters into employment with Contractor employee(s) during the interim period or within six months after those employees have been made available, or if those employees carry out work or activities for the Client or companies within its group, directly or indirectly.
Without prejudice to Article 4, the Client also owes a fee if a trainee or employee introduced by the Contractor as a prospect employee enters into direct employment with the Client within six months, or carries out work directly, indirectly or through third parties for the Client without the Contractor and Client having agreed an hourly rate and without the Contractor having formally made that person available.
The specific provisions in this chapter apply, in addition to the general provisions, if and to the extent that the Contractor provides Media Placement services on behalf of the Client.
If these specific provisions differ from the general provisions, these specific provisions prevail.
Handling
The administrative settlement and invoicing with the Media Operator, and all work performed by the Contractor itself related thereto, excluding the actual performance of the Media Placement by the Media Operator.
Handling Fee
The fee owed by the Client for the Handling.
Media
Printed, audio-visual, auditory and digital media, in the broadest sense.
Media Operator
The business that operates Media in order to create Media Placements.
Media Sales
The total amount charged by a Media Operator in connection with a Media Placement.
Media Placement
An advertisement or campaign to be published in Media on behalf of the Client as part of the Assignment.
The Contractor has full power and authority to effectuate Media Placements on behalf of the Client with Media Operators, including negotiating and concluding contracts with Media Operators based on its own experience and in accordance with the Agreement.
If a Media Operator makes a claim against the Contractor in connection with an Assignment or specific Media Placement, the Contractor will first negotiate and try to settle the claim, taking into account the reasonable commercial interests of the Client.
The Client may be involved in those negotiations if it reasonably demonstrates that its interests and the Contractor’s interests are substantially conflicted.
The Client guarantees that it will not contact Media Operators or third parties directly about Media Placements forming part of the Agreement.
If the Client does make direct arrangements, this will have no consequences for the Agreement, including that:
• The Client cannot pass on those agreements or their financial consequences to the Contractor
• The Client remains exclusively obliged towards the Contractor to fulfil all obligations arising from the Agreement
The Client must compensate the Contractor, on first request, for all financial consequences of acting contrary to this provision.
The Contractor or Candid is not responsible and cannot be held liable for communications or services provided by Media Operators or other third parties.
If a Media Placement is cancelled or changed in whole or in part, this may only occur if done under the Media Operator’s instruction or initiative and under its conditions.
The Contractor may still charge the Client for:
• Costs related to changes
• Cancellation costs
• Additional costs
The Contractor may directly pass on to the Client any change in factors affecting its prices and fees, including:
• Prices charged by third parties
• Commissions
• Exchange rates
• Insurance rates
• Changes to the Client’s risk profile
• Levies or taxes
The Contractor is also entitled to implement annual corrections such as inflation adjustment or rate changes on 1 January of each year.
If a Media Operator charges a price higher than estimated in advance, or imposes a penalty or retrospective levy, that increase or penalty will be borne by the Client.
This includes penalties resulting from failure to spend a certain minimum amount of Media Sales.
The Contractor is entitled to a fee consisting of one or more of the following:
• A remuneration based on hours worked and hourly rate
• A Handling Fee
• A financial gain or commission
• A combination of the above
The Contractor is always and exclusively entitled to receive and keep all commissions or indirect financial gains for itself unless the Agreement expressly determines otherwise.
Where explicitly agreed, a percentage of commission or financial gain may accrue to the Client by way of discount on invoices relating to Media Sales.
All other commissions, discounts, rate reductions and financial benefits derived from reputation, customer value, overall media volume or similar factors always accrue exclusively to the Contractor.
If no agreement has been reached on the rates applicable to certain Media Placements and the Contractor carries out Media Placements at a provisional rate, the Contractor will not be liable for any differences between the provisional and final rate.
The Client must pay the final applicable rate.
If the Client requires more voucher copies than those provided free of charge by the Media Operator, the Contractor will request additional copies and provide them to the Client against payment of the related costs.
In addition to the general provisions, force majeure also includes:
• Refusal or failure by a Media Operator to perform a Media Placement properly or on time
• Other shortcomings by the Media Operator
• Digital problems such as power failures, virus infections and internet disruptions
• Any circumstance beyond the control of the Contractor and Client preventing performance in whole or in part
The Contractor cannot be held liable for damage or loss suffered by the Client or third parties as a result of the misleading, insulting, indecent or otherwise incorrect and/or unlawful nature of the form and content of the Media Placement created by the Contractor on the Client’s behalf or instructions.
Any costs for rectifying, changing or cancelling a Media Placement will be borne by the Client.
When referring to CANDID trademarks and the names of CANDID claims, quotes, products and services, please follow these CANDID Trademark and Brand Guidelines.
You may use CANDID trademarks in text solely to refer to and/or link to Candid’s platform, claims, quotes, products and services, and only in accordance with these Guidelines.
• Use CANDID logos, logotypes, icons, trade dress or other elements of CANDID websites or materials unless specifically permitted under these Guidelines or other applicable guidelines
• Use the trademarks in the name of your business, product, service, app, domain name, social media account or other offering, except for seminars and conferences where Candid is an active participant or where permission of use has been obtained
• Use the trademarks more prominently than your product or service name
• Use the trademarks on promotional merchandise that you are selling or distributing, such as t-shirts, travel mugs or similar items
• Do or say anything, or use the trademarks in any way, that implies affiliation with, sponsorship by, endorsement by or approval from CANDID of your products or services
• Alter, animate or distort the trademarks, or combine them with any other symbols, words, images or designs, or incorporate them into a tagline or slogan
• Use the trademarks in any way that is contrary to these Guidelines
The name of your social media account, and any pages or communities associated with it, cannot begin with a CANDID trademark.
In addition, CANDID logos cannot be used in a way that might suggest affiliation with CANDID, including in:
• Account images
• Profile images
• Header images
The only exceptions to these requirements are where:
• You have secured permission from CANDID through a licence or equivalent, although such licences are not generally available in this context
• You are using a CANDID trademark, excluding logos, to describe the purpose of your account, page or community, provided that:
• You do not suggest affiliation with or endorsement by CANDID
• Your account does not use the name or likeness of any prominent individuals within CANDID
You may not name your account, page or community:
• Candid Platform
You may name your account, page or community:
• Fans of Candid Platform
• Information about CANDID Platform
This is only acceptable if you do not use CANDID logos or otherwise suggest any affiliation with CANDID.
As a general rule, third parties may not use the CANDID logo.
This page sets out the limited circumstances in which third parties may use the CANDID logo. The logo must always be used in accordance with the specifications on this page to identify CANDID, or CANDID claims, quotes, products or services.
Any use that falls outside of these specifications is strictly prohibited.
• In advertising, marketing collateral or on a website that references your connection with CANDID, for example where the material states that you are an authorised distributor of CANDID products or services, provided that the area in which the CANDID logo is used also includes the corporate logo of at least one other company with which you have a similar relationship
• In an area of a website, advertisement or marketing collateral exclusively dedicated to the promotion of the CANDID platform
• In products
• On product packaging
• In publishing
• In other business services for which a formal licence is required
There are two versions of the full-colour logo. You should choose the version most appropriate for your application.
• Use the positive version on light or white backgrounds
• Use the full-colour reverse logo on dark colour backgrounds or dark areas within photographs
In marketing, CANDID logos do not include the trademark symbol, except where they appear for official packaging purposes.
• The symbol may not be separated from the logotype
• A one-colour logo is only acceptable where media reproduction is limited
• In such cases, the logo may be reversed to white on a background that provides suitable contrast
• A black logo is allowed when media reproduction is black only
For the full suite of high-resolution logos for both print (CMYK) and digital (RGB), please contact your CANDID representative to obtain artwork files from Brand Central.
• The logo may not be displayed as a primary or prominent feature on any non-CANDID materials
• Companies using the logo under these guidelines must display, in the primary and more prominent position, their own logo, business name, product names or other branding
• The logo may not be imitated or used as a design feature in any manner
• The logo may not be used in a way that would disparage CANDID or its products or services
• Neither the logo nor the CANDID name may be used in any other company name, product name, service name, domain name, website title, publication title or similar use
• Non-CANDID materials must not mimic any CANDID advertising, product packaging, website design or other CANDID materials
• The logo must be used exactly as provided by CANDID, with no changes, including but not limited to:
• Changes in colour
• Changes in proportion
• Changes in design
• Removal of any words or artwork
• The logo may not be animated, morphed or otherwise distorted in perspective or appearance
CANDID reserves the right, at its sole discretion, to terminate or modify permission to display the logo.
CANDID may request that third parties modify or delete any use of the logo that, in Candid’s sole judgement:
• Does not comply with these guidelines
• Might otherwise impair Candid’s rights in the logo
CANDID further reserves the right to object to unfair uses or misuses of its trademarks, or to any other violations of applicable law.
Welcome to the Candid Site. By using it, you are agreeing to these Terms of Use. Please read them carefully.
If you have any questions, please contact us.
These Terms of Use were last updated on 16 January 2020.
Candid Group B.V. (“CANDID”, “we”, “us” or “our”) owns and operates the website www.candidplatform.com, its mobile and touch versions, and any sites we have now or in the future that reference these Terms of Use (collectively, the “Site”).
By:
• Using the Site and CANDID services through the Site
• Signing up for an account
you agree to these Terms of Use.
By signing up for an account, you also agree to:
• Our Trademark & Brand Guidelines, incorporated herein by reference
• Any additional terms applicable to certain programmes in which you may choose to participate
You also agree to our Privacy Policy, incorporated herein by reference, and acknowledge that you will regularly review these Terms of Use to familiarise yourself with any updates.
The Privacy Policy, these Terms of Use, and any other terms contained herein or incorporated by reference are collectively referred to as the “Terms of Use”.
The term “using” also includes any person or entity that accesses or uses the Site with:
• Crawlers
• Robots
• Data mining tools
• Extraction tools
• Any similar functionality
If you do not agree to these Terms of Use, you must immediately stop using the Site and must not use any CANDID service offered through the Site.
The Site, any content on the Site, and the infrastructure used to provide the Site are proprietary to CANDID.
By using the Site and accepting these Terms of Use:
• CANDID grants you a limited, personal, non-transferable, non-exclusive, revocable licence to use the Site pursuant to these Terms of Use and any additional terms and policies set forth by CANDID
• You agree not to reproduce, distribute, create derivative works from, publicly display, publicly perform, license, sell or re-sell any content, software, products or services obtained from or through the Site without the express permission of CANDID
We take the privacy of your personal information seriously.
We encourage you to carefully review our Privacy Policy for important disclosures about the ways in which we may collect, use and share personal data