Version: September 1, 2023

  1. General

These terms of use (“Terms of Use”) describe the conditions under which use can be made of the applications: 5S app, Safety App, QHSE app, CIcloudpro (hereinafter: “the Apps”). The Apps are the property of P&D Digital Solutions B.V. located in Amersfoort.

  1. Applicability and changes
    1. These Terms of Use apply to your use of the Apps. We have the right to unilaterally change these Terms of Use. You will be informed in a timely manner about the changed conditions via an update, a message from the Apps or an e-mail.
    2. We have the right at any time to adapt the Apps, change or delete data, limit the use of the Apps or deny access to the Apps in whole or in part, temporarily or permanently. We will inform you about this in a timely and appropriate manner.

  2. Use of the Apps
    • You are responsible for correct and careful use of the Apps. You must refrain from unauthorized or careless use of the Apps. In particular you should:
      • fill in the information truthfully.
      • to handle personal login codes confidentially and to keep them secret from other people.
      • not to use the Apps for actions and/or behavior that are contrary to applicable laws or regulations, good morals, public order or rights of third parties. Under no circumstances is it permitted to add data, documents or files to the App that have illegal or offensive (including sexist, pornographic, racist or discriminatory) content or (otherwise) infringe the privacy of third parties.
      • not to use the Apps in such a way that their (correct) functioning is prevented, security is breached or damage is caused to us, the Apps or third parties.
      • not to spread viruses through the Apps, or otherwise disrupt devices or systems of us or other users of the Apps.
      • to respect our good name and reputation at all times and to ensure that the use of the Apps does not in any way damage our rights and/or our reputation.
      • to follow all our instructions and regulations for the use of the Apps.
        • If you breach these Terms of Use, we have the right to take any action we deem necessary, such as suspending or terminating access to the Apps or recovering any damages or costs from you.
        • You may not grant third parties access to the Apps, make them available to third parties, sell, rent, decompile, reverse engineer or modify the Apps without our prior permission. Nor may you remove or circumvent technical provisions intended to protect the Apps.
  1. Intellectual property rights
    • All intellectual property rights and/or similar rights to the Apps, including the underlying software, texts, images, video and sound fragments, belong solely and exclusively to us or to our licensors. Ownership of any data you add to the App remains yours.
    • We grant you a non-exclusive, non-sublicensable and non-transferable license to use the Apps within the framework of the objectives formulated by us. It is not permitted to use the Apps for other purposes.

  2. Liability
    • The Apps have been compiled with the greatest care. However, we cannot guarantee that the Apps will always be available or work without interruption, errors or defects and that the information provided is complete, correct or up-to-date. We reserve the right to discontinue the Apps (unannounced) temporarily or permanently, without you being able to derive any rights from this.
    • We are not liable for damage or injury resulting from the use of the Apps, unless the damage or injury is the result of intent or gross negligence on our part. We are never liable for indirect damage or consequential damage, such as lost turnover or income. You indemnify us against all possible claims from third parties as a result of the use of the Apps.

  3. Privacy Statement
    • The Privacy Statement is part of these Terms of Use and applies to all privacy-sensitive information or personal data that you provide to us through the Apps. We attach great importance to your privacy and therefore exercise the utmost care in handling and protecting personal data.

  4. View, correct or delete
    • You have the right to view, correct or delete your personal data. You also have the right to withdraw your consent to data processing or to object to the processing of your personal data. You have the right to data portability. This means that you can submit a request to us to send the personal data we have about you in a computer file to you or another organization mentioned by you.
    • You can send a request for access, correction, deletion, data transfer of your personal data or request for withdrawal of your consent or objection to the processing of your personal data to info@5scompany.nl.
    • To ensure that the request for access has been made by you, we ask you to enclose a copy of your proof of identity with the request. Make your passport photo, MRZ (machine readable zone, the strip with numbers at the bottom of the passport), passport number and Citizen Service Number (BSN) black in this copy. This is to protect your privacy. We will respond to your request as quickly as possible, but within four weeks.
    • We would also like to point out that you have the option to file a complaint with the national supervisory authority, the Dutch Data Protection Authority.

  5. Choice of law and legal forum
    Dutch law applies to these Terms of Use. Disputes relating to the App or these Terms of Use will be settled by the competent court in the place where we are located, unless mandatory law prescribes a different competent court.