We understand that privacy is very important for every internet user these days. That's why we would like to inform you about it. What data do we collect, how do we collect that data, what do we do with it, and how do we handle it; you can read it on this page.

Who are we?

AdSpotting is an initiative of Sendt Online Marketing B.V, a private limited company based and having its registered office in Purmerend and registered with the Chamber of Commerce under number 61050520.

What personal data do we collect and process on the website?

We only process personal data that you provide to us yourself (for example by filling in the contact form for creating an account or requesting a demo) and give us permission to do so by sending the form. We process the personal data that you fill in yourself.

Your personal data is well protected. We attach great importance to protecting your privacy. We handle personal data with great care and, together with any processors, take care of appropriate organizational and technical security of its files in which the personal data is stored. In this way, we ensure that this data is only accessible to persons who are authorized to do so by virtue of their function and that the data is only used for the purposes for which it was obtained. Furthermore, we have taken measures to ensure that you can visit and use our websites securely. With these measures, we prevent misuse of data. We have taken the following measures, among others:

This website is secured with an SSL certificate. This means that this website is called up under HTTPS. HTTPS stands for 'HyperText Transfer Protocol Secure'. This is an extension to the HTTP protocol. The HTTP protocol is used to let a web browser (such as Chrome, Internet Explorer or Firefox) communicate with a web server on which a website is hosted. The extension of the HTTPS protocol ensures that this communication is encrypted. For hosting our websites and storing and forwarding any personal data, we use the servers of the Dutch company XXL webhosting.

Processing data for marketing and sales purposes

When you leave your telephone number or email address on our website, you automatically give us permission to contact you by phone or email to provide more information or ask for, among other things, our own marketing or sales purposes.

Retention periods

The data you submit via the contact form will not be stored for longer than is necessary for the purposes for which the personal data was collected and processed. Often, after handling your question or comment, your data can be deleted. We will only keep the personal data for a longer period if we are legally obliged to do so or if it is necessary to defend our interests (for example, in the event of a dispute between you and us).

Cookies

As mentioned earlier, we use cookies, pixels (or similar techniques) and social media plug-ins on our websites. Some of these cookies are necessary to make our website work and others allow us to improve our website and show you the right ads and articles. We have written extensively about this in our Cookie Policy.

Access, correction and portability of your data

If you would like to know what personal data we have stored about you, you can make a request to us. This is only possible for the personal data that we collect. We cannot retrieve the data that we only process retrospectively. If you want to make changes to the data you have requested, you can indicate this to us. You can request that AdSpotting change, correct, supplement, delete or otherwise shield your data.

You also have the right to receive the personal data provided by you in a common, structured and machine-readable format from us and then transfer it yourself. This request can also be sent to us.

Version : TOS.01.2023

Clause 1 Introduction

1.1 These terms of service (“Terms”) govern your access to, and use of the AdSpotting marketing analytics dashboard owned and operated by Sendt Online Marketing B.V., and any other software, tools or services provided by us in connection with this service (collectively, the “Service”).

1.2 In these Terms, “you” or “your”, refers to the individual, organization or company (you represent) that concludes an agreement with us in respect of the Service (“Agreement”). In these Terms, “we”, “us” or “our” refers to the entity as mentioned in paragraph 1.1.

1.3 These Terms apply to all our offers in respect of the Service and the performance of Agreements by us or in our name and the conclusion and performance of any (future) Agreements with you. The applicability of any conditions stipulated by you now or in the future is hereby expressly excluded. Deviations from and additions to the Terms shall only be valid and binding if we have accepted those expressly in writing.

1.4 If any provision of the Agreement is null and void or is annulled, the remaining provisions of the Terms will stay in full force and effect. We will then replace the null and void or annulled provisions by new provisions, whereby the purpose and purport of the null and void or annulled provision will be taken into account as much as possible.

Clause 2 Conclusion of the agreement

2.1 Our Service is provided on the basis of a subscription (“Subscription”) and made accessible through the Internet (software-as-a-service) via our website www.adspotting.com (“Website”).

2.2 The Agreement for a Subscription is concluded upon the completion of the applicable (online or offline) registration process and subsequent confirmation by us (automated or otherwise) that your registration is accepted and that your Subscription is activated.

2.3 Features, services, and functionalities included in your Subscription may vary and are as indicated in the Agreement.

Clause 3 Account

3.1 After conclusion of the Agreement and for the agreed term, we will provide you (access to) an online account (“Account”) which you must use to access the Service. We will provide you with login details for your Account or offer you the opportunity to create these yourself.

3.2 If agreed, you can create a certain number of additional users within your Account. You are solely responsible for end user management, granting or revoking rights and creating or deleting users.

3.3 Please do note that you are not authorized to make the Service available for the benefit of third parties outside your organization without our explicit written approval, as the Service is provided to you and may only be used by you for your own internal business purposes. You may not rent, sell, sublicense or otherwise enable third parties to use the Service for their own purposes and benefits. You are fully responsible for the actions and omissions of any third parties (including your users) that are using the Service on your behalf.

3.4 Your Account is strictly personal and may not be shared expect with your authorized users. We are not responsible for misuse of your Account and may assume that any user logged in to your Account is an authorized user. We may trust that all actions performed within your Account are performed under your direction, supervision and with your approval.

3.5 If any login credentials are (presumably) lost or leaked, you shall (cause your users to) immediately take all available measures reasonably necessary, desirable, and possible to prevent misuse of the Account. These measures may include, for example, changing the associated password. In any case, you will immediately report this to us so that any additional measures can be taken to prevent misuse of the Account.

3.6 You agree to keep the information in your Account up to date. In case of any changes that are relevant for us to become aware of, you shall promptly update the outdated information.

Clause 4 Provision of the Service

4.1 We will make reasonable efforts to provide you with continued access to the Service during the term of the Agreement and will do so with due observance of reasonable care and expertise.

4.2 We will make reasonable efforts to ensure a significant uptime of the Service, although we do not guarantee that the Service will be uninterrupted or error free.

4.3 From time to time, we may perform maintenance and make changes to the Service in the form of updates or upgrades. Such updates or upgrades may result in a change or loss in the functionality of the Service. Suggestions from you in this respect are always welcome, but in the end, we may solely determine which changes will be made. We may inform you in writing in advance on changes that we find relevant for you to become aware of.

4.4 The performance of maintenance-related activities may result in interruptions in the availability of the Service. Where foreseeable, we may notify you on this in writing in advance but are not required to do so. In any case, we will use reasonable efforts to ensure that maintenance-related activities are performed as quickly as possible.

4.5 We are not responsible for the proper performance of any connections between our Service and any third-party software and services used by you.

4.6 Information on how to use our Service may be made available by us to you, e.g., via our helpfile and ticket centre. Unless agreed otherwise, the Service is provided without any other support from us.

Clause 5 Responsibilities

5.1 You will provide us with all the support and cooperation needed and desirable to enable the correct and timely delivery of the Service. You will provide us with all information we indicate as necessary, or which you should reasonably understand are essential for us to be able to provide the Service as agreed.

5.2 You shall be solely responsible for the accuracy, correctness, and completeness of any data submitted by you (or by us at your request) to our Service. We are not required to verify the accuracy, correctness, or completeness of any such data.

5.3 You acknowledge that any output from our Service is logically determined or influenced by the data submitted by you to our Service. You agree that we are not responsible nor liable for any incorrect output of our Service, e.g., incorrect, or incomplete marketing insights, if such is (partly) caused by data submitted by you.

Clause 6 Restrictions

6.1 You are prohibited to use the Service in a manner that is violating the Agreement or any applicable laws and regulations. You shall not use the Service in a manner that may cause hindrance or loss and/or damage to us or any third party. You will follow all reasonable instructions issued by us related to the use of the Service.

6.2 You shall not access, store, distribute or transmit any information during your use of the Service that (a) is libellous, defamatory, insulting, racist or discriminating, or incites hate; (b) infringes third-party rights, in any case including but not limited to intellectual property rights; (c) violates the privacy of third parties, in any case including but not limited to distributing third-party personal data without a legal basis; (d) contains hyperlinks, torrents or similar information of which you are aware or should be aware that it refers to material that infringes third-party rights; (e) is otherwise illegal or causes damage or injury to any person or property; or (f) is in violation with any reasonable (usage-) instruction given by us.

6.3 If, in our reasonable opinion, the operation of the computer systems or network of us or third parties and/or provision of services via the Internet is obstructed, impaired or otherwise at risk, in particular as a result of the transmission of excessive amounts of data to our Service, leaked personal data or virus activity, Trojan horses and similar software, we are authorized to take any and all measures we deem reasonably necessary to avert or prevent such risk.

6.4 If we determine that you (or your users) have violated the Agreement or applicable laws and regulations or if we have received a complaint from a third party of the same, we may take measures to end such violation. These measures may, without limitation, include the suspension of the Service. We may recover from you any loss or damage sustained as a result of a breach of the Agreement. You shall indemnify and hold us harmless against any and all third-party claims pertaining to loss and/or damages arising from your violation of the Agreement.

Clause 7 Intellectual Property Rights

7.1 All intellectual property rights vested in the Service, including the Website, and other materials developed and/or made available by us belong to us or our licensors.

7.2 We solely grant you for the duration of the Agreement, a non-exclusive, non-transferable and non-sublicensable right of use with regard to the Service and the materials provided by us under the Agreement.

7.3 All data submitted by you to the Service will remain your property or that of your suppliers. We will not make any proprietary claims with regard to any such data. You warrant and represent that you are rightful owner or rightful licensee of any intellectual property rights vested in the data submitted by you to the Service. You shall indemnify and will hold us harmless from any claims from third parties in relation to or arising from intellectual property rights vested in aforementioned data.

7.4 You provide us with a term-limited license to use any data submitted by you to the Service, insofar such use is required for the correct provision of Service by us. In addition, you provide us with an irrevocable right to use aforementioned data to perform analysis for the purposes of improving our Service.

7.5 You provide us a limited perpetual license to use your company’s name, logo, trademark, and your general business description for reasonable promotional purposes related to our Service.

Clause 8 Fees

8.1 Unless agreed otherwise in writing, fees payable by you for the Services are payable in euros and calculated as set forth below.

8.2 The fees payable by you for the Services provided under the Agreement are based on a tiered pricing model. This model calculates fees as a fixed monthly amount, determined by the level of service you select. Each tier is defined by certain criteria, including but not limited to the total ad spend tracked through the Service ('Tracked Ad Spending'), the number of ads you can connect, the number of platforms you can connect, the number of users, and the availability of support.

The specific details of each tier, including the maximum Tracked Ad Spending limit, the number of ads and platforms that can be connected, user limits, and other relevant features, are outlined in the Service. The applicable monthly fee for each tier is as mentioned and updated occasionally within the Service. Please note that the Free Trial offer allows for limited usage of the Service under specific conditions, as detailed within the Service. This offer is subject to change as per the prevailing terms at the time of registration or renewal.

We reserve the right to modify, add, or remove pricing tiers and adjust the criteria and features of each tier. Any changes to the fee structure will be communicated to you in accordance with the procedures outlined in Clause 14 (Amendments)."

8.3 The data on (relevant) Tracked Ad Spending shall be (automatically) submitted by you through your use of the Service, and solely be used by us for the calculation of fees payable.

8.4 As applicable, the amount of Tracked Ad Spending shall be translated from other currencies into euros using the monthly average of daily rates of exchange as published by European Central Bank or as published through https://www.x-rates.com/average/ for the monthly period in which the Tracked Ad Spending are accounted, or any other reasonable form of conversion.

8.5 Any fees, prices or amounts quoted by us are, if applicable, exclusive of VAT.

Clause 9 Payments

9.1 Fees are payable in arrears, and we will make invoices available in your Account after the end of each calendar month.

9.2 Fees due under the Agreement shall be collected from the payment method (“Payment Method’) you have connected to your Account.

9.3 Accepted Payment Methods may change over time. We may require you at any time to connect a Payment Method to your Account or to select a different Payment Method.

9.4 If you fail to pay the fees when due or when we were not able to collect the fees from your selected Payment Method, you shall be in default without further notice of default being required and shall be liable for payment of the statutory commercial interest, referred to in section 6:119a of the Dutch Civil Code, on the outstanding amount, as well as any reasonable extrajudicial costs, including costs for lawyers, bailiffs and legal experts.

9.5 We are entitled to change our (periodic) fees, fee calculation methods, percentages, etc., upon thirty (30) days’ prior written notice to you. In the event of an increase, you shall have the right to terminate the Agreement in writing until and against the moment the changes take effect. By lack of such termination, you shall be deemed to have accepted the changes.

Clause 10 Liability

10.1 Our liability for damages resulting from any breach of the Agreement, whether in tort or otherwise, is per event (whereby a series of consecutive events is regarded as a single event) limited to the amount (excluding VAT) we have received from you in respect of the Service over a period of two (2) months preceding the (first) damaging event. In case no payment has been received in the aforementioned period, this amount will be capped at one hundred euros. Our annual maximum liability is capped at ten thousand euros.

10.2 To the maximum extent permitted by law, we cannot be held liable for lost profits, lost revenue, missed savings, loss of (business) data and damage due to business stagnation.

10.3 Our liability for an attributable failure to perform the Agreement only arises if you give us prompt and proper written notice of default, giving us a reasonable time period to remedy the default, and we continue to fail to perform our obligations even after that time period has elapsed. The notice of default must contain a description of the breach as detailed as possible, so that we are able to respond adequately.

10.4 Any right to claim compensation is at all times subject to the condition that you have notified us of the loss and/or damage in writing within no more than thirty days of your discovery.

10.5 Any limitation of liability as included in the Agreement shall lapse if and insofar the damage is the result of intent or deliberate recklessness on the part of our management personnel.

Clause 11 Force majeure

11.1 We cannot be obliged to perform any obligation under the Agreement if the performance is prevented due to force majeure. We are not liable for any loss and/or damage due to force majeure.

11.2 Force majeure is considered to exist, without limitation, in case of power outages, Internet failures, telecommunication infrastructure failures, network attacks (including D(DOS) attacks), attacks by malware or other harmful software, civil commotion, natural disaster, terror, mobilization, war, import and export barriers, strikes, stagnation in supplies, fire, floods and global pandemics.

11.3 If a force majeure situation has lasted for more than thirty (30) days, we will both be entitled to give notice to terminate the Agreement in writing with immediate effect.

Clause 12 Term and termination

12.1 The Agreement is concluded for the duration of a Subscription, and, unless agreed otherwise, Subscriptions are concluded for an indefinite period of time.

12.2 You can terminate your Subscription by submitting a request within the Service to terminate your Account. After such request is received, your Account will immediately be made inaccessible and shall be irrevocably deleted (including associated data) after a period of 14 days.

12.3 We may terminate your Subscription and delete your Account with immediate effect (without effect on your outstanding payment obligations):

12.3.1 In case you have not used your Free Trial Account for a period of at least six (6) months, we reserve the right to delete the account due to inactivity. Similarly, if your Account is suspended and remains inactive, it will also be subject to deletion after a period of six (6) months. This policy ensures efficient management of our resources and helps maintain a high level of service for all active users.

12.3.2 in case there is no sufficient Payment Method connected to your Account and/or if we are unable to collect payable fees from the connected Payment Method.

12.4 Each party may terminate this Agreement in with immediate effect in the event that:

12.4.1 the other party breaches a major obligation or fails to perform any of the major terms or conditions of the Agreement and such breach or failure is not capable of remedy and justifies the termination (in full or in part); or

12.4.2 such breach or failure, if capable of remedy, is not remedied within thirty (30) days after written notice from the terminating party requiring such breach or failure to be remedied.

12.5 We are entitled to terminate this Agreement with immediate effect, in whole or in part, by written notice to you in the event that:

12.5.1 you cease to pay your debts, you become insolvent or an order is made or a resolution is passed for the liquidation, administration, winding up or dissolution of your business (other than for the purposes of a solvent amalgamation or reconstruction) or an administrative or other receiver, manager, liquidator, administrator, trustee or similar officer is appointed to administer all or any substantial part of your assets or you requests for a moratorium, enter into or propose any composition or arrangement with your creditors generally, or anything analogous to the foregoing arises in any applicable jurisdiction; or

12.5.2 you terminate your business.

12.6 Insofar the Agreement has been performed at the time of termination, such performance and any relevant payment obligations cannot be undone unless it can be proved that the other party is in default with respect to a material part of what has been performed.

Clause 13 Consequences of termination

13.1 Upon termination or expiry of the Agreement, all licenses granted by us shall immediately terminate and we shall be entitled to delete any of the data submitted by you or generated by making use of the Service as in our possession at the moment of termination or expiry.

13.2 Termination of the Agreement, irrespective of the reason for termination, will in no case affect any amounts owed or payable to us by you under the Agreement. Furthermore, termination or expiry of the Agreement will in no case result in restitution of any amounts paid by you to us under the Agreement.

13.3 In the event that the Agreement is terminated, any amounts owed by you to us will become immediately due and payable, irrespective of the reason for the termination.

Clause 14 Amendments

14.1 We may amend these Terms at any time. We will announce changes to you in writing at least fourteen (14) days before the date they take effect, to enable you to take note of them. If you do not wish to accept the proposed changes, you may give written notice to terminate the Agreement until the effective date of the amended Terms. Use of the Service after the effective date shall constitute your acceptance of the amended Terms.

Clause 15 Miscellaneous

15.1 This Agreement is governed exclusively by Dutch law. Any dispute in connection with or rising from the Agreement will be submitted to the competent court in the Netherlands in the district where we are legally established.

15.2 Where in these Terms “written” or “in writing” is used, this also includes email communication and communication via the Service, provided that the identity of the sender and the integrity of the message can be adequately established.

15.3 The version of any communication of information as recorded by us will be deemed to be authentic and correct, unless you supply proof to the contrary.

15.4 You are not authorized to transfer and assign this Agreement or any of its rights and obligations arising therefrom to a third party without our written consent. We are authorized to transfer and assign this Agreement and all its rights and obligations arising therefrom to a third party that acquires the business operations to which this Agreement is subject, without further cooperation or approval of you being required.

15.5 The application of sections 227b (1), 227c and 271 et seq. of Book 6, and section 408 (1) of Book 7 of the Dutch Civil Code is excluded.