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GENERAL CONDITIONS & RULES OF CONDUCT FOR THE USE OF DESKALOT
1.1. Deskalot: Deskalot NV, with registered office at Kartuizersstraat 45, 1000 Brussels, registered in the Crossroads Bank for Enterprises under number 0765.556.464. With the term Deskalot, as well as with the terms “the Community”, “we”, “our”, these terms and conditions always refer to the aforementioned company and its legal representatives, directors and/or employees. Deskalot can be reached by email at email@example.com.
1.2. Community: The online Community or the Deskalot Community is a collective name for anyone who has anything to do with Deskalot, both Deskalot itself and anyone associated with Deskalot, as well as the Users of the Platform.
1.3. Platform: The Platform refers to the online Deskalot Platform on the website www.deskalot.com and the applications and features directly linked to it.
1.4. Users: Anyone who uses the Platform and Community and/or the linked applications and features in any way. Not only Passive Users (who only browse the website) but also Active Users, who act as Host, Guest and/or member of the Community (who wish to participate in online discussions).
1.5. Guest: The natural or legal person who uses Deskalot to search for, reserve and use a Workplace of the Host.
1.6. Host: The natural or legal person who offers, advertises and makes a Workplace available via Deskalot to the Guest for a fee.
1.7. Workplace: The whole of the office space, meeting space and/or desk (flex desk) as referred to in article 2.1. offered by the Host via Deskalot as described in the minimum requirements in point 4.2., as well as any Additional Services linked thereto.
1.8. Additional Service: These are services that are directly linked to the Office function of the Workplace and which have an additional character. Examples of Additional Services are: parking, coffee, use of copier, etc.
1.9. Office: This refers to a space or place (including the necessary equipment such as office furniture, electricity, lighting and an internet connection) as referred to in article 2.1., intended and exclusively used for the performance of intellectual activities, whether or not of a professional nature.
1.10. Advertisement Price: This is the price, expressed in euros, that a Host quotes in its offer for the use of the Workplace, namely the Office including the Additional Services, including any VAT to be levied by the Host but excluding the Service Fee of Deskalot.
1.11. Reservation amount: The total price paid by the Guest, being the Advertisement Price and the additional Service Fee.
1.12. Service Fee: The fee - a percentage of the Advertisement Price - that Deskalot charges the Guest and the Host for the use of the Platform.
1.13. Transaction: This refers to the physical action whereby the Guest is actually going to make use of the Workplace.
1.14. Data: All content, information and/or (Personal) Data submitted by the User in the Platform, including but not limited to pictures of the Workplace made available, the Office, the available Additional Service(s), contact information, financial data, a profile picture of the User and other information made available by the User in the Platform.
1.15. Personal data: This is all information on an identified or identifiable natural person.
1.16. Intellectual Property Rights: All intellectual property rights, including copyrights, trademarks, trade names, design and model rights, rights in logos, inventions, trade secrets and know-how, registered designs, design rights, database rights, patents, semiconductor topographies, all rights of every kind in computer software and data, all intangible rights and privileges of a similar or related nature to the foregoing, in all cases in any part of the world and whether registered or unregistered; and including all registrations granted and all applications for registration, all renewals, designations or extensions, the right to claim damages for past infringements, and all forms of protection of a similar nature that may exist anywhere in the world.
2. AREA OF APPLICATION AND ROLE OF DESKALOT
2.1. The area of application of Deskalot is limited to Office purposes. The Workplaces offered on the Platform can only be offered for the performance - whether or not professional - of intellectual activities and the Additional Services directly linked with them. The aforementioned Additional Services shall always have a subsidiary character vis-à-vis the Office function. However, Deskalot is also open to activities of a private nature such as studies, meetings of leisure or socio-cultural associations, etc.
Overnight stays and rentals intended as principal places of residence or personal stay as a temporary residence or holiday accommodation or any other habitation are excluded from the area of application. Rentals of spaces that are used primarily for retail activities or for the business of a craftsperson or any other activity in which the Guest would be in direct contact with the public and rentals of storage space are explicitly excluded from the area of application.
2.2. The application of the provisions of the Law on Commercial Leases is explicitly excluded.
2.3. Deskalot is the administrator of the Platform where Guest and Host, and any other interested visitor/User can come in contact with each other. Deskalot is in no way itself the provider, owner, agent or administrator of any Workplace and does not bear any responsibility whatsoever for the Workplaces offered. Deskalot cannot be regarded as an intermediary, broker or representative of the Guest or Host. Deskalot also cannot be considered as a provider and/or seller of equipment related to Office work. Deskalot is not a contracting party in the relationship between Guest and Host and does not act as an intermediary in the conclusion of the contract, with the exception of the administration of the payment transaction between Guest and Host as described in the specific terms and conditions relating thereto (art. 8).
As administrator of the Platform, Deskalot ensures that manifestly unauthorized and/or illegal items are excluded from the Platform. Deskalot carries out this monitoring task using all means reasonably available to it.
3. ACCESS TO DESKALOT
To be admitted as an Active User of the Deskalot Platform, i.e. as a Guest, Host and/or member of the Community, you must register and create an account. Only Users aged 18 or over shall be admitted. When creating an account, you are asked to provide the following information: surname, first name, a profile photo, email address, confirmation that you are 18 years of age or older and a user name. The following data are publicly visible for all Users of the Platform; your user name, your profile photo and your rating/reviews of other Users with whom you have already interacted as Guest or Host. Each Active User may only create one account. Deskalot reserves the right to delete an account in the event of misuse or use in violation of these general terms and conditions and rules of conduct.
Each User can also choose to delete his or her account at any time by clicking the delete definitively option in his or her personal profile.
4. CONDITIONS APPLICABLE FOR THE HOST
4.1. As Host, you can use the online Deskalot Platform to offer your Workplace to other Deskalot Users. The Host is free to determine the price, availabilities and additional house rules for the Workplace. Before you can advertise a Workplace on the Platform, you must log in with your account, declare your acceptance of the currently applicable version of these general terms and conditions and rules of conduct and associated policies and you must provide your payment details (full name, address, account number).
4.2. Minimum requirements regarding the offer:
The Host must accurately describe the Workplace being offered, including the equipment present (furniture, utilities and subscriptions, etc.). When photographs are added, they must present a true and fair view of the current state of the Workplace. If Additional Services are offered, they must be described in detail. In the indication of the price, the Host must clearly distinguish between the Office and any Additional Services offered if these are not included in the overall Advertisement Price. The Advertisement Price must be, regardless of duration, at least EUR 10.00, above which the Host itself is free to determine the price for the Workplace. Necessary office equipment such as furniture, chair, electricity, lighting and an internet connection, as well as a WC with washbasin, must be at least present and must be included in the basic price for the Office (and therefore cannot be charged separately as an Additional Service).
The Host is responsible for keeping its offer and its availabilities up to date. The User acknowledges and accepts that Deskalot can in no way be held responsible for the accuracy of the description provided by the Host and that Deskalot is not obliged to check the description or the pictures provided by the Host. The Host acknowledges and accepts that payment of the Advertisement Price to the Host may be refused and that it may be refunded (after deduction of the Service Fee) to the Guest if the description of the Workplace is not accurate.
4.3. Minimum requirements for the Workplace: The Host is the owner of the provided Workplace or at least has the necessary rights to dispose of the Workplace. The Host is responsible for the safety (including fire safety), cleanliness and suitability of the Workplace and the materials made available therein (furniture, chair, lighting, etc.) for the purpose for which it is intended (i.e. Office purposes). Furthermore, the Guest must have access to a WC. The Host must also indicate in the advertisement whether and which rooms are/are not for common use.
The Workplace must have an internet connection with the minimum signal strength reasonably necessary to facilitate that which can be expected of a normal teleworking situation such as conducting video calls, sending emails, following online webinars, etc.
4.4. Legal restrictions and insurance policies: As Host, you are responsible for compliance with all legal provisions, regulations and contracts with third parties that may apply to the offering of your Workplace. As Host, you must ensure that your Workplace is adequately insured and that you are insured for offering your Workplace for Office purposes. If necessary, you must inform your current insurer of your intention to offer a Workplace.
4.5. Tax implications and possible accounting treatment: The agreement concerning the use of the Workplace by the Guest will be drawn up directly between the Host and the Guest. The (tax) qualification of this agreement between the Guest and Host and the resulting (tax or other) obligations and accounting treatment are the sole responsibility of the Host. Deskalot will not intervene in this. Through the following link https://drive.google.com/file/d/1sIKhsxYh91R3RV1LRPAJnV3fRba9k6al/view , you can find some more information about possible tax obligations related to the use of the Platform. This information is only indicative and general. Deskalot accepts no liability for this. Deskalot advises to check in each case which rules apply to your own specific situation. The Host is reminded that Deskalot is subject to an annual reporting obligation to the FPS Finance for the amounts transferred to its Hosts.
4.6. Obligations towards the Guest: As Host, if you have accepted a reservation from a Guest (you do this within 3 days, otherwise the reservation will automatically be cancelled), you are responsible for facilitating access to the reserved Workplace at the time agreed with the Guest and you must provide the reserved Additional Services in accordance with the description in your offer. As Host, you are personally responsible for any changes to mutual agreements with the Guest. The Host is solely responsible for compliance with the obligations towards the Guest in the context of the Workplace, the Additional Services and compliance with the agreement made between Guest and Host in general.
4.7. Obligations towards Deskalot: As Host, by accepting a reservation from a Guest, you declare that you agree to Deskalot charging a Service Fee of 5% (VAT included) of the Advertisement Price, with a minimum of EUR 1.00. This Service Fee, inclusive of the taxes owed on it, shall be deducted by Deskalot from the payment made by the Guest (for more information about this, see the specific conditions regarding payment transactions (art. 8). The aforementioned Service Fee remains due if the Host cancels the reservation. This provision does not affect the right of the Host and/or Guest to claim compensation from the other party.
Deskalot reserves the right to suspend or delete your account and advertisements if reservations are not answered (accepted, if applicable) multiple times (more than two times) within three days after the initial request was sent, subject to two weeks’ notice in which the Host could ask to keep the account active.
4.8. Rating: After the Transaction has been completed, Deskalot shall ask the Guest to rate you and the Workplace that you have offered and this rating shall be placed on the Platform so that all Users are able to read it.
4.9. Ranking: The order in which the Host publishes the advertisements on the Platform is in principle not influenced by Deskalot. Deskalot does not have a differentiated policy towards the different Hosts. The order in which the ads are displayed depends, where applicable, on the search criteria entered by the Users (number of miles to the location). When a User does not enter any search criteria, the ads will be displayed in chronological order, with the most recent added ads being shown first.
5. CONDITIONS APPLICABLE FOR THE GUEST
5.1. As Guest, you can use the online Deskalot Platform to search for and reserve a Workplace with other Deskalot Users. Before you can complete your reservation as Guest, you must forward your payment details to the external service provider that handles the payment transaction, namely Stripe. (see payment terms and conditions in art. 8). Only after you have paid is your reservation forwarded to the Host, who must accept it within three days. If your reservation is not accepted, the amount you paid for your reservation will be refunded in a reasonable delay.
5.2. Legal restrictions and insurance policies: As Guest, you are responsible for compliance with all legal provisions, regulations and contracts with third parties connected with the use of the Workplace you have reserved. As Guest, you must ensure that you are adequately insured in the event of any accidents and material damage resulting from the use of the reserved Workplace. If necessary, you must inform your employer of your intention to work at the reserved Workplace.
As Guest, you yourself are responsible for the security of the data that you process during your use of the Workplace.
5.3. Tax implications and possible accounting treatment: This falls entirely under the responsibility of the Guest; Deskalot does not get involved in this.
Through the following link https://drive.google.com/file/d/1sIKhsxYh91R3RV1LRPAJnV3fRba9k6al/view , you can find some more information about possible tax obligations related to the use of the Platform. This information is only indicative and general. Deskalot accepts no liability for this. For the Guest, there can be a legal obligation to draw up a tax sheet when the income that the Host receives of the Guest through Deskalot is considered as professional income.
Deskalot advises to check in each case which rules apply to your own specific situation.
5.4. Obligations towards the Host: When using the reserved Workplace and any Additional Services, you must treat the Workplace provided to you and all materials present there with sufficient care and caution in accordance with the agreements made with the Host and in accordance with the Host’s house rules specified in the advertisement. If the Host suffers damage as a result of your use of the Workplace, you shall notify the Host thereof without delay and do everything necessary (including submitting a report to your insurer or, if applicable, your employer) to ensure full compensation for the damage caused.
As Guest, you are responsible for the persons you bring to and provide access to the Workplace (for example, for a meeting, a recruitment interview, etc.) Unless otherwise agreed with the Host, it is not permitted to let other persons than those specified at the time of reservation - whether or not in your/their place - use the Workplace or any Additional Services.
As Guest, you are personally responsible for any changes to mutual agreements with the Host.
5.5. Obligations towards Deskalot: As Guest, by placing a reservation with a Host, you declare that you agree to Deskalot charging an additional Service Fee of 10% (VAT included) on this reservation. This Service Fee, including the taxes due on it, shall be added by Deskalot to the Advertisement Price specified by the Host. (for more information about this, see the specific conditions regarding payment transactions (art. 8). The aforementioned Service Fee is still due in case of cancellation by the Guest. Except in the event of a clear case of force majeure or fraud committed by the Host, the amount of the reservation will not be refunded when the Guest cancels. This provision does not affect the Guest's right to claim a refund of the amount of the reservation directly from the Host (e.g. in the case of cancellation due to alleged defects in the Workplace).
5.6. Rating: After the Transaction has been completed, Deskalot shall ask the Host to rate you as Guest and this rating shall be placed on the Platform so that all Users are able to read it.
The maximum period for which Host and Guest can offer, respectively make use of a Workplace is a continuous period of 3 months. If Guest and Host wish to extend the duration, they must go through the reservation process again. If required, the Guest can then rebook for a maximum period of 3 months.
In any event, a Guest cannot reserve earlier than 3 months prior to the commencement of use of the Workplace.
Browsing and advertising a Workplace on the online Deskalot Platform is free of charge. Creating a Deskalot account is also free of charge, as is participating in the Deskalot Community.
Deskalot charges a Service Fee of 15% of the Advertisement Price for reserving and using a Workplace advertised via Deskalot. 10% (including VAT) of this is charged to the Guest on top of the Advertisement Price. 5% (including VAT) is retained from the Host prior to the payment received from the Guest being transferred by Deskalot to the Host (see also the payment terms and conditions in art. 8).
8. PAYMENT TERMS AND CONDITIONS
8.1. For the settlement of the payment transaction between Guest and Host, Deskalot works with an external service provider, namely Stripe www.stripe.com. The processing of the payment transaction and the storage of the credit card, debit card or other payment method data is done by Stripe. Guest and Host declare that they have taken due note of and agree to Stripe’s general terms and conditions, which can be consulted at https://stripe.com/en-be/ssa and any other terms and conditions which Stripe may impose on the Guest or Host as part of the payment process. Guest and Host are themselves responsible for passing on their payment details to Stripe. Deskalot disclaims all responsibility in this regard, insofar and to the extent permitted by law.
8.2. If Deskalot suspects fraud, of any kind whatsoever, Deskalot can suspend or delete the account of the Guest or Host concerned, as well as have the current payment transactions blocked, pending further investigation.
8.3. After the execution of the Transaction, the Guest receives a request from Deskalot asking the Guest to confirm the completion of the Transaction. At that moment, the Guest can either confirm or dispute. If the Guest does not respond, the Transaction is automatically confirmed after two days and the payment is transferred to the Host via Stripe.
8.4. In the event of a dispute by the Guest within two days of the execution of the Transaction, Deskalot can decide to temporarily block the payment via Stripe for a maximum period of 90 days (cf. Stripe’s terms). If no clear evidence is provided to the detriment of the Host before the expiry of that period, the payment will still be transferred to the Host. Deskalot can only proceed to repayment to the Guest in clear cases of force majeure or fraud. This provision does not affect the right of the Guest to claim repayment directly from the Host after the payment has been made.
9. RULES OF CONDUCT FOR THE USE OF DESKALOT
- Communicate truthfully, respectfully and transparently with other members of Deskalot.
- You may use an alias, but do not assume an identity that is not yours. Do not use multiple profiles.
- Only use Deskalot for its intended purpose.
- Respect the anti-discrimination policy and respect the privacy of other Deskalot members.
- It is not permitted to apply technical interventions on the Deskalot Platform, whether or not with a view to preventing or reducing the normal operation of Deskalot.
- The use of bots, crawlers, scrapers and other automatic mechanisms to collect or obtain data from Deskalot or Deskalot Users is prohibited
- It is not permitted to test, manipulate or circumvent Deskalot’s security mechanisms.
- The information that Deskalot and its Users make available on the Platform may under no circumstances be used for personal, commercial or marketing purposes. Advertising via Deskalot is not permitted.
- Reservations and payments between Guest and Host outside the Deskalot Platform are not permitted.
- Illegal practices, infringements of the law and violations of these conditions must be reported without delay to Deskalot and, where appropriate, to the competent local authorities.
10. ANTI-DISCRIMINATION POLICY
The Deskalot Platform, the Community, is open to all Users, regardless of their origin, nationality, skin colour, age (with the exception of the minimum age requirement of 18 years), sex, religion, disability, civil status, orientation, professional competences, rank or standing, etc. Deskalot expects its Users to treat other Users of the Platform respectfully and not to exclude anyone, to deny access to anyone, etc. on the grounds of the aforementioned or other discriminatory reasons.
Any post on the Deskalot Platform that in any way conflicts with this basic principle of non-discrimination can be removed by Deskalot. If necessary, Deskalot can also delete an account. Deskalot calls on its Users to report immediately any form of discrimination linked to the use of Deskalot.
11. RATINGS AND SHARED CONTENT
Upon completion of each Transaction between Host and Guest, both Host and Guest are given the opportunity to rate the other. These ratings are publicly visible on the Deskalot Platform and give other Users the opportunity, for example, to assess the quality of the Workplace offered or the extent to which a Guest complies with agreements.
Host and Guest are requested not to provide incorrect information and to remain respectful of one another at all times. The Deskalot Platform is not a place for offensive language. In the event of complaints in this regard, Users can contact Deskalot via firstname.lastname@example.org
The Deskalot Platform offers an opportunity to share opinions, write texts, add photos, videos, etc. about the Workplace offered. The User who places the content remains fully responsible for it and shall indemnify Deskalot in the event of any privacy and/or Intellectual Property Rights claims from third parties.
By placing this information, you give Deskalot a non-exclusive, free user right to this shared content. Deskalot can use this shared content for promotional purposes, for example, via social media and other channels.
Both Deskalot and the Users of the Platform undertake to respect Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 concerning the protection of natural persons with regard to the processing of personal data and the free movement of such data.
If and to the extent that Deskalot processes personal data originating from Guest or Host within the context of its task, Deskalot’s obligations shall be described in a data protection agreement.
11. COMPLAINT HANDLING
In the event of a complaint regarding content on Deskalot, the User can address it to Deskalot via email@example.com. To the extent possible - taking into account the number of Deskalot Users - Deskalot shall make the necessary efforts to respond to justified complaints and shall, if necessary and to the extent possible, take appropriate measures. This also means that Deskalot can report it to the competent authorities and, if necessary, transfer the content concerned.
In the event of disputes and/or discussions between Guest and Host, Deskalot can also be contacted, but Deskalot does not accept any responsibility nor does it mediate in this respect.
12. SUSPENSION OR EXCLUSION THROUGH DESKALOT
Any infringement of the law, these conditions and rules of conduct or our policies can give rise to suspension, cancellation of all reservations and/or exclusion through Deskalot if Deskalot considers that it is necessary to safeguard its rights, the rights of its Users or those of third parties. In the event of suspension or exclusion of a Host, reservations already made shall be cancelled and Guests shall automatically be refunded.
13. LIABILITY OF DESKALOT
- Deskalot , as the administrator of the online Platform, is responsible for monitoring the Platform, in particular what is posted and/or advertised by the Users to the extent that Deskalot ensures that no manifestly illicit and/or unauthorized matters are advertised, shared via the Platform, posted in reviews, etc. Deskalot has an obligation to make best effort and not an obligation of result.
- Deskalot is responsible for the payment transaction between Guest and Host (via the Stripe payment platform) in the manner provided for in the payment terms and conditions. (art. 8). The liability of Deskalot with regard to the payment transaction is in any event limited to the amount of the Advertisement Price.
- Deskalot accepts no responsibility whatsoever for the tax (accounting) treatment of the Transaction by Guest or Host.
- Deskalot is not liable for the content of advertisements, accepts no liability for the screening of advertisements, the quality and safety of the office space offered nor of the person of the Host or Guest himself/herself.
- Deskalot excludes any liability regarding the safety and welfare aspects of the “Workplace”, which remains the responsibility of the User (if applicable, the employer of the Guest).
- Deskalot is not liable for any non-payment, damage to goods/persons with regard to Guest and Host.
- Deskalot accepts no liability whatsoever for any damage arising as a result of the Transaction (Deskalot shall de facto try to mediate if possible, but this is done purely on the basis of goodwill; neither the members of Deskalot nor third parties can derive any rights from this).
- Deskalot is not an intermediary with regard to the conclusion of the contract between Guest and Host. They find each other on the Deskalot Platform, but make agreements concerning a reservation with each other.
- Deskalot is not the owner of the offered Workplace. Deskalot is not a real estate agent.
- Deskalot is not responsible for the quality, bandwidth and possible faults with regard to the Deskalot Platform which are outside its control and that can lead to interruptions to or the unavailability of the Deskalot Platform and/or linked functionalities. If possible, Deskalot shall announce any planned maintenance work on the Platform online in advance.
The User acknowledges and accepts that the agreement regarding the Guest's use of the Workspace and the Host's providing of the Workspace is made directly between the Guest and the Host and that Deskalot is not a party to this agreement, nor can it in any way be considered an agent, broker or any other trade intermediary. The services of Deskalot are limited to providing access to the Platform where the Host can provide a Workspace and Users can come into connect with each other.
The Guest will address any claim or demand relating to any defect or shortcoming in or damage arising from (the use of) the Workplace, the Office or the Additional Services exclusively to the Host. The Host will address any claim or demand relating to the use of the Workplace, the Office or the Additional Services exclusively to the Guest. Deskalot may decide to attempt mediation in the context of the dispute between Guest and Host, but is under no obligation to do so. Deskalot expressly reserves the right to claim compensation if it would be unfairly involved in a (legal) procedure in the context of an alleged failure to perform by Guest or Host within the framework of the agreement between Guest and Host.
Deskalot is solely liable for its own service, consisting of providing access and the right to use the functionalities of the Platform (except for the execution of the payment transaction, which is the responsibility of Stripe). Except in the case of fraud, intent, or gross negligence on the part of Deskalot, Deskalot is not liable for indirect or consequential damages. Deskalot's liability is limited to at least EUR 1000.00 per claim or series of claims with the same ultimate cause.
14. INTELLECTUAL PROPERTY RIGHTS
14.1 Deskalot grants to Users a limited, non-exclusive, non-transferable and non-assignable right to access and use the Platform and all content thereon, in order to make full use of the Platform and the services offered by Deskalot thereon, in line with these general terms and conditions and rules of conduct for the use of Deskalot. Furthermore, this right of access allows the User to perform the required actions, such as loading and displaying the Platform, solely for the purpose of using the Platform in the context of the services offered by Deskalot.
14.2 The Platform will be hosted on the servers of reliable external service providers that Deskalot chooses in its sole discretion.
14.3 The Platform is protected by Intellectual Property Rights. The Users expressly confirm that all Intellectual Property Rights on the Platform are and/or remain the property of Deskalot or a third party, unless otherwise provided. Nothing in these general terms and conditions or in the rules of conduct for the use of Deskalot shall be construed as conferring any rights or licenses to the User in any Intellectual Property Rights owned by, or licensed to Deskalot (unless otherwise agreed in these general terms and conditions). The User may use the Platform exclusively for his/her own account. The User shall not, in whole or in part, copy, reproduce, modify, commercialize, market, distribute or adapt the Platform. All rights not specifically granted to the User in these general terms and conditions remain expressly reserved to Deskalot.
14.3 Each User is obliged to inform Deskalot of any infringement by third parties of the Intellectual Property Rights contained in the Platform or in the services of Deskalot, and this as soon as the User establishes the infringement or if the User was/should have reasonably been aware of such infringement.
15. DATA LICENSE
15.1 The User and Deskalot explicitly confirm that all Data and all Intellectual Property Rights contained in that Data remain the property of the User. Nothing in these general terms and conditions and rules of conduct for the use of Deskalot shall be construed as the User granting any right or license to his/her Intellectual Property Rights to Deskalot, except as expressly provided in these general terms and conditions. All rights not specifically granted to Deskalot hereby expressly remain the property of the User.
15.2 By accepting the general terms and conditions, the User grants to Deskalot a perpetual, non-revocable, transferable, assignable, sub-licensable, non-exclusive, royalty-free license to use the Data and all Intellectual Property Rights contained herein or related thereto, according to the provisions of these general terms and conditions and the rules of conduct and to the extent such license is permitted by law ("License").
15.3 The License to the Data includes the right of Deskalot to use, modify, reproduce, optimize, adapt, translate, communicate to third parties, aggregate and merge with its own data or data of third parties, analyse the Data in whole or in part, and to retrieve substantial parts of the database within the meaning of article I.17 of the Code of Economic Law, or to reuse it within the meaning of article I.17 Code of Economic Law, or to authorize others to carry out these activities, all solely within the context of providing the services of Deskalot. Deskalot may therefore use the Data in the context of the services but is not obliged to do so. Deskalot is not limited to any form of carrier or means of transmission. Future and already developed Intellectual Property Rights with respect to the Data will be licensed according to the provisions of these general terms and conditions and rules of conduct for the full duration of the protection of the rights concerned.
15.4 With respect to methods of exploitation of Intellectual Property Rights in the Data, which are not yet known at the time these general terms and conditions and rules of conduct for the use of Deskalot come into effect, the User and Deskalot agree that they will reach an agreement in good faith as soon as they are known in the future.
15.5 As the License referred to in clause 15.2 is non-exclusive, Deskalot acknowledges and accepts that these general terms and conditions and rules of conduct for the use of Deskalot do not impose any restrictions on the User's activities with respect to the Data, unless otherwise provided in these general terms and conditions and rules of conduct. Deskalot acknowledges that the User retains the worldwide and royalty-free right to use the Data for all commercial and non-commercial purposes.
15.6 Deskalot may sub-license the License to third parties under the terms of these general terms and conditions and/or the rules of conduct for the use of Deskalot, in the context of the services it provides.
15.7 The User shall indemnify and compensate Deskalot for all claims, damages, liabilities, costs, settlements, fines and expenses arising out of or relating to any suit, action, proceeding instituted or filed by any third party, damage and/or any costs incurred by Deskalot in connection with the License arising out of any third party claim relating to (without being limited to) a real or alleged infringement of the rights of a third party (including its Intellectual Property Rights).
16 DECOMPILING, DISASSEMBLING OR REVERSE ENGINEERING
16.1 The User acknowledges that the Platform is of great value to Deskalot and that it may contain confidential information and know-how owned or controlled by Deskalot.
16.2 The User may not decompile, disassemble or otherwise reverse engineer the Platform, and the User may not engage in any other activity to obtain underlying information that is not visible to the User in connection with the normal use of the Platform. Nor may the User create derivative works based on the Platform or any part thereof, unless an applicable law expressly permits so.
16.3 The User agrees not to transmit the Platform and/or not to display the source or object code on any computer screen, and/or not to make any hard copy or soft copy memory dumps of the Platform’s source or object code.
16.4 If the User requires information related to the interoperability of the Platform and other programs, the User should request this information from Deskalot. The User shall not decompile or disassemble the Platform in order to obtain such information. Upon receiving such a request from the User, Deskalot shall determine in its sole discretion whether or not to provide the User with the information.
17. GENERAL CONDITIONS
If any provision (or part of any provision) of these terms and conditions is unenforceable or conflicts with mandatory rules, this shall not affect the validity and enforceability of the remaining provisions of these terms and conditions (as well as that part of the provision concerned that is unenforceable or conflicts with mandatory rules).
In such case, the Parties shall negotiate in good faith to replace the unenforceable or conflicting provision with an enforceable and legally valid provision that matches the purpose and intent of the original provision as closely as possible.
18. APPLICABLE LAW AND DISPUTES
Belgian law applies to all disputes between Deskalot and its Users. For disputes that cannot be settled amicably, only the courts of Brussels shall be competent to make a ruling.
Deskalot pays a lot of attention to the protection of the privacy with regard to the processing of personal data from anyone who uses any tool of Deskalot (the site, the platform, …). This is done under the European Regulation 2016/679 of 27 April 2016, better known as GDPR.
What principles do we observe?
We always ensure that the requested and/or communicated personal data are sufficient, accurate (and, if necessary, updated), relevant and not excessive in relation to the purposes for which they were collected. We also guarantee transparency, compliance with legal provisions, confidentiality, an appropriate level of security and above all respect for your rights.
Who is this privacy statement intended for?
Our privacy statement applies to any processing of personal data by DeskalotIt applies to all Users of Deskalot: visitors of the website, members of the deskalot community, the online platform and the related applications or functionalities.
Who is responsible for the processing?
Deskalot is responsible for the data processing that are being carried out by Deskalot. For the cases where Deskalot is considered a data processor a processing agreement will be conducted to ensure that the data is only collected and processed in accordance with the customer's instructions.
What personal data does Deskalot process?
Personal data is any information relating to a natural person by means of which that person can be identified or is identifiable. They belong to that person.The processed data are grouped in different categories:• Identification data: by which you can be identified such as your surname, first name, user name or number, ...• Financial data: required in the context of certain payment services or enabling the payment of sums due to you, such as bank account, outstanding balances, etc.• Contact details: enabling us to communicate with you such as your telephone number, your address, your e-mail address, ...
• Login data: information collected when using web services and applications for securing these online tools or for your user experience such as user name, IP address, language preference, ...• Data you provide via an online form: such as when you register for a training course, a newsletter.
On what legal basis are your personal data processed?
We rely on the following legal bases for processing your data:• to comply with one of our legal obligations• to comply with one of our contractual or pre-contractual obligations• to pursue a legitimate interest of Deskalot (always in balance with your own interests)• when you have given your consent.
For what purposes do we process your data?
• To comply with legal or contractual obligations: To provide certain services, Deskalot needs to process personal data to comply with their legal obligations or contractual obligations• To answer the question of why you sent them to us: Your data may be used to:o provide you with the requested serviceso provide you with the answer to the question you asked via a contact formo send you an e-mail to download a brochure or a white paper• To promote our services:• Deskalot uses personal data to:o send customers information about other related or complementary products and services offered by Deskalot or its partnerso send information to prospects about the products and services of Deskalot or services and products offered on the platform of Deskalot. o send invitations for events • Improve and evaluate our services: • Your data may be used for:o customer surveys, market researcho analyses of surfing behaviour in order to optimise our website or portals• Personalize the use of our tools: Depending on your use and preferences, your data may be used to provide you with tailored portals, websites and applications.• To ensure an appropriate level of security:• Deskalot uses your personal data as part of the implementation of its security procedures, particularly in relation to the detection of malicious or unauthorized activities.
How long do we keep your personal data?
Your data will be kept for as long as:• required for the purposes for which they are collected and processed.• they are relevant in order to fulfil our legal, contractual and judicial obligations and to comply with our commercial and operational activities
These retention periods will therefore vary according to the nature of the service provided.
Will your data be passed on to third parties?
We may be required to transfer your personal data:• By creating a profile on the deskalot platform, the user agrees that the contact details will be communicated to other Users (non processors) of Deskalot to effectuate the goals of Deskalot as a platform; offering and booking flexible workplaces, meeting rooms, …
• in case of a legal obligation: for certain services Deskalot is obliged to pass on information to official bodies. This is subject to clear and well-defined procedures.• If necessary for the provision of the services concerned: It may happen that a processor is entrusted with all or part of a processing operation. He may only act on the instructions of Deskalot and may not use your information for his own purposes.• These principles are set out in the processing agreement that the processor must sign to process data on behalf of Deskalot.• Within Deskalot: to offer you a range of services that complement and are consistent with the processing we already carry out for you.• If you have given us your express consent
We do not sell your personal data to third parties.We apply the European regulations with regard to the international transfer of personal data.
What does Deskalot do to protect your data?
Every day Deskalot applies a series of measures that must guarantee the protection of the data, such as:• awareness of the personnel with regard to the observance of its contractual confidentiality engagement.• security of physical accesses.• security on hardware level:o servers are updated regularly.o firewalls based on a multi-level model block unauthorized traffic.o access management: distinction between network access and access to applications. The collaborators have access to the applications depending on the needs of their work and the needs of the service. This is translated in an internal policy that must be observed.
Internal: rights and accesses can only be modified with the consent of the responsible persons and with observance of the relevant procedures. • secured data transport: all the data traffic via the internet is encrypted according to the current market standards.• protection against viruses and internet access: both the servers and the desktops and laptops are secured with the necessary anti-virus software.• guaranteeing business continuity through a multiple back-up policy.
What are your rights and what do you need to do to exercise them?
• Right of consultation
You have the right to access the personal data we hold about you.To submit your request, please send an email to firstname.lastname@example.org We will provide you with the requested information within one month after receiving your request.Depending on the complexity of the requests and the number of requests, this time limit may be extended by a further 2 months if necessary. We will then notify you of this extension within one month of receiving the request.In the event of repetitive requests, we reserve the right to charge a reasonable fee based on their administrative costs.
• Right of rectification
If you state that your personal data:• are incorrect• are incompletethen you have the right to have them rectified or completed.To submit your request, please send an email to email@example.com Indicate clearly which data must be changed or completed.
• Right to deletion of data ('right to be forgotten')
You have the right to request the erasure of your personal data.To submit your request, please send an email to firstname.lastname@example.org Clearly state the reason for your request.This right to data erasure is not absolute and does not apply where the processing is necessary to fulfil a legal or contractual obligation.
• The right to restriction of processing
You have the right to obtain restriction of the processing of your data in the following cases:• You dispute the accuracy of your data and we need time to verify the accuracy of your personal data;• The processing is unlawful and you do not want your personal data be erased but their use be restricted;To submit your request, please send an email to email@example.com Clearly state the reason for your request.
• Right to data transferability
You have the right to obtain your personal data which have been processed by Deskalot in a structured, commonly used and machine-readable format.This applies only to data of which the processing is based on consent or on a contract and provided that the processing is carried out by automated processes.To submit your request, please send an email to firstname.lastname@example.org Clearly state the reason for your request.In any case the right to erasure remains possible.
• Right to object
On grounds relating to your particular situation, you shall have the right at any time to object to the processing of your personal data, but only if such processing finds its legal basis in a legitimate interest. There is no right to object to data processed under an agreement or legal obligations.To submit your request, please send an email to email@example.com Clearly state the reason for your request.
• Right to lodge a complaint
You shall have the right to lodge a complaint with the supervisory authority, if you consider that the processing of your personal data by Deskalot infringes the GDPR.The supervisory authority is the Data Protection Authority, Drukpersstraat 35, 1000 Brussels, Tel. +32 (0)2 274 48 00, website: www.gegevensbeschermingsautoriteit.be.
We always ensure that the requested and/or communicated personal data are sufficient, accurate (and, if necessary, updated), relevant and not excessive in relation to the purposes for which they were collected.
We also guarantee transparency, compliance with legal provisions, confidentiality, an appropriate level of security and above all respect for your rights.
Our privacy statement applies to any processing of personal data by Deskalot
It applies to all Users of Deskalot: visitors of the website, members of the deskalot community, the online platform and the related applications or functionalities.
On grounds relating to your particular situation, you shall have the right at any time to object to the processing of your personal data, but only if such processing finds its legal basis in a legitimate interest. There is no right to object to data processed under an agreement or legal obligations.
To submit your request, please send an email to firstname.lastname@example.org
Clearly state the reason for your request.