Effective from 13 January 2019 onwards
Digitorney’s mission is to connect companies and lawyers in a digital manner enabling both sides to work together more efficient, productive and successful. Our services are designed to provide legal information services, legal tech solutions, create business opportunities for lawyers and companies by enabling them meet, collaborate, exchange ideas, and generate new business, find professionals, and make decisions in a network of trusted relationships.
You agree that by clicking “Register”, “Join”, “Sign Up” or similar, registering, accessing or using our services (described below), you are agreeing to enter into a legally binding Agreement with Digitorney Group B.V. (hereinafter: “Digitorney“). If you do not agree to this agreement (“Agreement”), do not click “Register” (or similar) and do not access or otherwise use any of our Services. If you wish to terminate this agreement, at any time you can do so by closing your account and no longer accessing or using our Services.
This Agreement applies to Plus.Digitorney.com, Digitorney.com, Digitorney-branded apps, and other Digitorney-related sites, apps, and other services that state that they are offered under this Agreement (“Services”), including the offsite collection of data for those Services. Registered users of our Services are “Members” and unregistered users are “Visitors”. This Agreement applies to both Members and Visitors.
You are entering into this Agreement with Digitorney (also referred to as “we” and “us”) and Digitorney Group B.V. is the controller of your personal data provided to, or collected by or for, or processed in connection with our Services.
This Agreement applies to Members and Visitors.
1.2 Members and Visitors
When you register and join the Digitorney Services, you become a Member. If you have chosen not to register for our Services, you can get access to certain features as a “Visitor.”
We are entitled to make changes to this Agreement.
2.1 Service Eligibility
You declare that you’re eligible to enter into this Agreement and you are at least our “Minimum Age.” Our Services are not for use by anyone under the age of 21.
To use the Services, you agree that: (a) you must be the “Minimum Age” (as set out above) or older; (b) you will only have one Digitorney account which must be in your real name; and (c) you are using our Services for professional purposes only in order to find a lawyer, to offer legal advisory in the fields of business law, to inform about and book legal tech tools or to get legal information; and (d) you have not been restricted by Digitorney from using our Services.
2.2 Your Account
You agree to keep your login credentials secret and not to share your account with anyone else. You will follow our rules and the law.
Members hold individual accounts. You agree to: (1) try to choose a strong and secure password; (2) keep your password secure and confidential; (3) not transfer any part of your account and (4) follow the law. You are responsible for anything that happens through your account unless you close it or report misuse.
As between you and others, your lawyer profile and account belongs to you. However, if the Services were purchased by another party for you to use (e.g. Recruiter seat bought by your employer), the party paying for such Service has the right to control access to and get reports on your use of such paid Service; however, they do not have rights to your personal account.
You’ll fulfill your payment obligations and you agree that we store your payment information. You agree that there may be fees and taxes that are added to our prices.
We don’t guarantee refunds.
If you buy any of our paid Services (“Premium Services”), you agree to pay us the applicable fees and taxes and to additional terms specific to the paid Services. Failure to pay these fees will result in the termination of your paid Services. In addition, you agree that:
You can get a copy of your invoice through your Digitorney account settings under “Purchase History”.
2.4 Notices and Messages
You agree with us providing notices and messages to you through our websites, apps, and contact information. If your contact information is out of date, you may miss out on important notices.
You agree that we will provide notices and messages to you in the following ways: (1) within the Service, or (2) sent to the contact information you provided us (e.g., email, mobile number, physical address). You agree to keep your contact information up to date.
When you share your lawyer profile or other information on our Services, others can see, copy and use that information.
Our Services allow messaging and sharing of information in many ways, such as your profile, interviews, articles or links to news articles. Information and content about you that you or we share or post may be seen by other Members, Visitors or others (including off of the Services). We are not obligated to publish any information or content on our Service and can remove it in our sole discretion, with or without notice.
3. Rights and Limits
3.1. Your License to Digitorney
You own all of the content and personal information you provide to us, but you also grant us a non-exclusive license to it. In particular, you agree that we may put ads to your lawyer profile and your contents.
As between you and Digitorney, you own the content and information that you submit or post to the Services, and you are only granting Digitorney and our affiliates the following non-exclusive license:
A worldwide, transferable and sublicensable right to use, copy, modify, distribute, publish, and process, information and content that you provide through our Services and the services of others, without any further consent, notice and/or compensation to you or others. These rights are limited in the following ways:
By submitting suggestions or other feedback regarding our Services to Digitorney, you agree that Digitorney can use and share (but does not have to) such feedback for any purpose without compensation to you.
You promise to only provide information and contents that you have the right to use, and that your Digitorney profile will be truthful.
You agree to only provide content or information that does not violate the law nor anyone’s rights (including intellectual property rights). Digitorney has, in its sole discretion and without any liability, the right to deny any content that includes or is based on any inappropriate or illegal content such as, including but not limited to, the following examples:
You also agree that your lawyer profile information will be truthful. Digitorney may be required by law to remove certain information or content in certain countries.
3.2 Service Availability
We may change, suspend or end any Service, or change and modify prices prospectively in our own discretion. To the extent allowed under law, these changes may be effective upon notice provided to you.
We may change or discontinue any of our Services. We don’t promise to store or keep showing any information and content that you’ve posted.
3.3 Other Content, Sites and Apps
Your use of our Service – including our legal templates, legal information/news, legal memorandums, others’ contents and information posted on our Services – is at your own risk.
Others may offer their own products and services through our Services, and we aren’t responsible for those third-party activities.
By using the Services, you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. Digitorney generally does not review contents provided by lawyers, our Members or others. You agree that we are not responsible for others’ (including lawyers or other Members’) contents or information. We cannot always prevent this misuse of our Services, and you agree that we are not responsible for any such misuse.
We have the right to limit how you connect and interact on our Services.
Digitorney reserves the right to limit your use of the Services, including the number of your articles/interviews and your ability to reach out to other Members via our Services. Digitorney reserves the right to restrict, suspend, or terminate your account if Digitorney believes that you may be in breach of this Agreement or law or are misusing the Services.
3.5 Intellectual Property Rights
We’re providing you notice about our intellectual property rights.
Digitorney reserves all of its intellectual property rights in the Services. Using the Services does not give you any ownership in our Services or the contents or information made available through our Services. Trademarks and logos used in connection with our Services are the trademarks of their respective owners. The term “Digitorney“ and Digitorney logos and other Digitorney trademarks used for our Services are trademarks or registered trademarks of Digitorney.
3.6 Automated Processing
We use data and information about you to make relevant suggestions to you and others.
We will use the information and data that you provide and that we have about Members to make recommendations for other Members and content that may be useful to you. Keeping your profile accurate and up-to-date helps us make these recommendations more accurate and relevant.
4. Disclaimer and Limit of Liability
4.1 No Warranty
This is our disclaimer of legal liability for the quality, safety, or reliability of our Services.
TO THE EXTENT ALLOWED UNDER LAW, DIGITORNEY AND ITS AFFILIATED COMPANIES (AND THOSE THAT DIGITORNEY WORKS WITH TO PROVIDE THE SERVICES) (A) DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS (E.G. WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, AND NONINFRINGEMENT); (B) DO NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS, AND (C) PROVIDE THE SERVICE (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS.
SOME LAWS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OR ALL OF THESE DISCLAIMERS MAY NOT APPLY TO YOU.
4.2 Exclusion of Liability
These are the limits of legal liability we may have to you.
TO THE EXTENT PERMITTED UNDER LAW (AND UNLESS DIGITORNEY HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT OVERRIDES THIS AGREEMENT), DIGITORNEY AND ITS AFFILIATES (AND THOSE THAT DIGITORNEY WORKS WITH TO PROVIDE THE SERVICES) SHALL NOT BE LIABLE TO YOU OR OTHERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, RELATED TO THE SERVICES (E.G. OFFENSIVE OR DEFAMATORY STATEMENTS, DOWN TIME OR LOSS, USE OF, OR CHANGES TO, YOUR INFORMATION OR CONTENT).
IN NO EVENT SHALL THE LIABILITY OF DIGITORNEY AND ITS AFFILIATES (AND THOSE THAT DIGITORNEY WORKS WITH TO PROVIDE THE SERVICES) EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, AN AMOUNT THAT IS THE LESSER OF (A) FIVE TIMES THE MOST RECENT FEE THAT YOU PAID FOR A PREMIUM SERVICE, IF ANY, OR (B) EURO 1,000.
THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND DIGITORNEY AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (E.G. WARRANTY, TORT, NEGLIGENCE, AGREEMENT, LAW) AND EVEN IF DIGITORNEY OR ITS AFFILIATES HAS BEEN TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE.
SOME LAWS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THESE LIMITS MAY NOT APPLY TO YOU.
We can end this Agreement anytime we want.
Both you and Digitorney may terminate this Agreement at any time with notice to the other. On termination, you lose the right to access or use the Services. The following shall survive termination:
6. Governing Law and Dispute Resolution
In the unlikely event we end up in a legal dispute, Digitorney and you agree to resolve it in the Netherlands‘ courts using Dutch law.
In this respect, you and Digitorney agree that the laws of the Netherlands excluding its conflict of laws rules, shall exclusively govern any dispute relating to this Agreement and/or our Services. You and Digitorney both agree that all claims and disputes can be litigated only in the Netherlands, and you and Digitorney each agree to personal jurisdiction there.
7. General Terms
If a court with authority over this Agreement finds any part of it unenforceable, you and we agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, you and we agree to ask the court to remove that unenforceable part and still enforce the rest of this Agreement.
To the extent allowed by law, the English language version of this Agreement is binding and other translations are for convenience only. This Agreement (including additional terms that may be provided by us when you engage with a feature of the Services) is the only agreement between us regarding the Services and supersedes all prior agreements for the Services.
If we don’t act to enforce a breach of this Agreement, that does not mean that Digitorney has waived its right to enforce this Agreement. You may not assign or transfer this Agreement (or your membership or use of Services) to anyone without our consent. However, you agree that Digitorney may assign this Agreement to its affiliates or a party that buys it without your consent. There are no third-party beneficiaries to this Agreement.
You agree that the only way to provide us legal notice is at the addresses provided in the Section “Imprint“ or “Contact“ on our websites or apps.
8. Complaints Regarding Contents
Contact information for complaint about contents provided by our Members or Others: info(at)digitorney.com
We respect the intellectual property rights of others. We require that information posted by Members be accurate and not in violation of the intellectual property rights or other rights of third parties. We provide a policy and process for complaints concerning content posted by our Members.
9. How To Contact Us
If you want to send us notices or service of process, please contact us: info(at)digitorney.com
1. Name and contact details
This data privacy statement applies to data processing by:
Digitorney Group B.V. (hereinafter “Digitorney”)
B.Amsterdam | Johan Huizingalaan 763 A
1066VH Amsterdam, The Netherlands
Phone: +31 (0) 655013711
2. Elevation and storage of personal dates / type and purpose of data usage
a) During visits of our website
When you visit our website www.digitorney.com, the browser on your device automatically transmits information to the server of our website. This information is stored temporarily in a so called logfile. In this regard, the following information is captured without your active support and is stored until automatized deletion:
- IP address of the computer you use for visiting our website;
- Date and time of the access,
- Name and URL of the captured file
- Website from which the access stems (Referrer-URL),
- Browser and, if necessary, the system of your computer as well as the name of your access provider.
The aforementioned data are processed by us for the following purposes:
- Making sure a seamless connection of the application,
- Making sure a comfortable visit of our application,
- Evaluation of the system security and system stability as well as
- other administrative purposes.
The legal basis for data processing as set out above is Art. 6 sec. 1 s. 1 f. GDPR. Our legitimate interest follows from the aforementionedpurposes of data use. Under no circumstances we make use of captured data for the purpose of drawing conclusions to your person.
b) On registration for our newsletter
In case you have explicitly agreed pursuant to Art. 6 sec. 1 s. 1 a GDPR, we use your email address in order to frequently send you our newsletter. In this respect, it is sufficient to submit an email address.
You can always unsubscribe from our newsletter which can be done via a link at the end of each newsletter, for instance.
Unsubscribing from our newsletter is possible any time, e.g. via a link at the end of each newsletter. Alternatively, you can unsubscribe also any time by email (newsletter (at) digitorney.com).
c) By using our contact form
Should you have any questions you can approach us via digital forms provided on this website. In this respect, a valid email address is required so that we can respond. Other details can be specified voluntarily.
If you send messages to us via a contact form, your specifications from the contact form including contact details and, if applicable, attached files required for the working on the inquiry and in case of follow-up questions are being transferred automatically to an internal email address which is managed by our employee responsible for the respective digital form.
Personal data transmitted by you online are being captured, stored, processed and used exclusively related to your specific inquiry. In addition, we provide you frequently with latest information (e.g. newsletter, invitations to our events) based on the dates transmitted by you. Any further processing of data requires your explicit approval.
Data processing for the purpose of getting into contact with us is based on Art. 6 sec. 1 p. 1 a GDPR on the back of your voluntary approval. All our employees dealing with data processing are obliged to protect confidentiality of your data also after having left us. Third parties get informed about your data under no circumstances. Processing of your data takes place exclusively in Germany. All personal data captured by us based on digital contact forms are automatically being deleted after execution of your inquiry.
3. Disclosure of data
A disclosure of your personal data to third parties in terms of other than then the following purposes does not take place. We disclose your personal data only to third parties if – this has been explicitly approved by you it pursuant to Art. 6 para. 1 s. 1 a GDPR,
– a disclosure pursuant to Art. 6 para. 1 s. 1 f GDPR is necessary for enforcement, execution or defence of claims and if there is no reason to assume that you have a prevailing interest in the non-disclosure of your data,
– in case of a legal duty to disclose your personal data pursuant to Art. 6 para. 1 s. 1 c GDPR, as well as
– this legally permitted and required for the execution of contracts pursuant to Art. 6 para. 1 s. 1 B GDPR.
Each cookie contains information in relation to your specific device which, however, does not mean that we thereby directly get informed about your identity.
Data processed by cookies are necessary for the aforementioned purposes in order to safeguard legitimate interests of us and of third parties pursuant to Art. 6 para. 1 s. 1 f GDPR.
Most of the browsers accept cookies automatically but you can change your browser settings in such a manner that no cookies are being stored on your device or that always a pop-up window appears before a new cookie is being created. However, the entire deactivation of cookies could mean that not all functions of our website are available to you.
5. Analysis tools
We carry out the following tracking based on Art. 6 para. 1 s. 1 f GDPR which shall ensure a design tailored t the needs of website users as well as an ongoing optimization of our website. In addition, we use tracking measures to track the use of our website statistically and to evaluate for optimization of our online services for you. These interests are regarded as to be looked as legitimate pursuant to the aforementioned rule. The respective data processing purposes and data categories can be taken from the corresponding tracking tools.
a) Google Analytics
In order to achieve a design tailored to the needs of users and to continuously optimize our website, we make use of Google Analytics. This is a web analysis service of Google Inc. (https://www.google.de/intl/de/about/) <https://www.google.de/intl/de/about/> (1600 Amphitheatre Parkway, Mountain View, APPROX. 94043, the USA; hereinafter: “Google”). In this respect, pseudonymous profiles of utilisation are being created and cookies (see clause 4) are being used. All information generated by a cookie about your use of this website such as
(1) Browser type/version,
(2) used operating system,
(3) Referrer URL (the previously visited page),
(4) Host name of the accessing computer (anonymized IP address),
(5) Time of the server request,
are transferred to a Google server in the USA and stored there. The information is used to evaluate the use of the website, to compile reports on the website activities and to provide further services associated with the use of the website and the Internet for the purposes of market research and demand-oriented design of these Internet pages.
In addition, you have the possibility to prevent capture of data related to your visit of this website (incl. your IP address) generated through cookies as well as the processing of these data by Google, by downloading and installing a browser add-on (https://tools.google.com/dlpage/gaoptout?hl=de).
Alternatively to the browser add-on (in particular for browsers on mobile devices), you can prevent data capture by Google Analytics also by clicking on this link.
For further information about data security concerning Google Analytics please see, for instance, the Google Analytics help (https://support.google.com/analytics/answer/6004245?hl=de).
b) Google Adwords Conversion Tracking
We also use Google Conversion Tracking to statistically record and evaluate the use of our website for the purpose of optimising it for you. Google Adwords sets a cookie (see clause 4) on your device if you access our website via a Google ad.
These cookies expire after 30 days and are not used for personal identification. If the user visits certain pages of the Adwords customer’s website and the cookie has not yet expired, Google and the customer can recognize that the user has clicked on the ad and has been redirected to this page.
Each Adwords customer receives a different cookie. Cookies cannot therefore be traced via the websites of Adwords customers. The information collected using the conversion cookie is used to generate conversion statistics for Adwords customers who have opted for conversion tracking. Adwords customers see the total number of users who clicked on their ad and were redirected to a page with a conversion tracking tag. However, you will not receive any information that personally identifies users.
7. Rights of the person concerned
If personal data of yours is processed, you are concerned within the meaning of the GDPR and you have the following rights towards the person responsible. You are entitled to:
– request information about personal data processed by us pursuant to Art.15 GDPR. In particular, you can demand information about processing purposes, the categories of personal data, the categories of recipients to which your data have been or will be disclosed, the planned storage period, the existence of a right on correction, deletion, restriction of the data processing or contradiction, the existence of a complaint right, the origin of your dates, provided that these were not captured with us, as well as about the existence of an automated decision-making including profiling and, if applicable, to related details;
– demand immediate correction of wrong or incomplete personal data stored by us pursuant to Art.16 GDPR;
– demand deletion of your personal data stored by us as long as the data processing is not necessary for the exercise of the right on freedom of speech and information, to the fulfilment of a legal obligation, for reasons of the public interest or for the assertion, exercise or defence of legal claims pursuant to Art. 17 GDPR;
– demand restriction of processing of your personal data pursuant to Art. 18 GDPR if the correctness of the data is denied by you, if the processing is wrongful, but if you refuse deletion and we do not need the data anymore, however, you need this for the assertion, exercise or defence of legal rights or if you have contradicted against the data processing pursuant to Art. 21 GDPR;
– receive your personal data you have provided us with in a structured, common and machine-readable format or demand transfer to another responsible person pursuant to Art. 20 GDPR;
– revoke your approval at any time by informing us pursuant to Art. 7 para. 3 GDPR. As a consequence, we are not allowed anymore to continue processing of your data which was based on your approval for the future anymore and
– complain at a supervisory authority pursuant to Art. 77 GDPR.
8. Right of objection
Should your personal data be processed based on legitimate interests pursuant to Art. 6 para. 1 s. 1 f GDPR, you are entitled to object to processing of your personal data pursuant to Art. 21 GDPR if reasons are given that stem from your specific situation or if your objection is against direct advertising. In terms of the latter, you have a general right of objection which we implement without specification of any specific situation.
If you want to make use of your right of withdrawal or right of objection, an email is sufficient: mailto:email@example.com.
9. Data security
During website visits we make use of the common SSL methodology (Secure Socket Layer) in connection with the highest encryption level which is supported by your browser. This is typically a 256 bit encryption. If your browser does not support a 256 bit encryption, we make use of the 128 bits v3 technology instead. You can derive from the closed key symbol in the lower status bar of your browser, whether a single webpage of our website is transferred in an encrypted manner.
Other than that, we use suitable technical and organizational security measures to protect your data against accidental or deliberate manipulations, partial or entire loss, destruction or unauthorized access of third parties. Our security measures are being optimizes continuously according to the technological development.
10. Actuality and change of this data privacy statement
This data privacy statement is current valid and reflects the status quo as per 1 January 2019.
Due to advancements of our website and services or due to legislative changes or changed policies from authorities, it might be necessary to change this data privacy statement in future. You can access and print the latest version of our data privacy statement at any time on the following webpage http://www.digitorney.com/data security.
Digitorney® is a U.S. Trademark which is registered with the United States Patent And Trademark Office (USPTO) under US500000087025936, with the German Patent And Trademark Office (DMPA) under DE302015217540 and with the European Union Intellectual Property Office under EM015522477.
Every effort has been taken to keep the information on this website up-to-date and to ensure its accuracy and completeness. However, any and all liability which might arise from the use of, or reliance on the accuracy of the information contained on this website is excluded. The same applies to the contents of external websites to which this website directly or indirectly links (external links). Digitorney Group B.V. has no influence on such third party contents.
The copyright in terms of the contents on this website or parts thereof is owned by Digitorney Group B.V. or any persons that have beengranted a corresponding right of use by Digitorney Group B.V.; single pages and/or information may be downloaded, temporarily stored and/or printed for exclusive use within your organization. Any other duplication, transmission and/or distribution (including, but not limited to, any download, storage and/or printing) of the information provided on this website requires our explicit prior consent.
© 2016-2019 Digitorney Group B.V.