Legal documentation
These documents and agreements describe all the legal aspects of the Kinescope platform usage. The privacy policy defines the procedures for processing personal data and measures applied to ensure their security.
This is the privacy statement of Kinescope B.V. (hereinafter: ‘Kinescope’). In this statement, Kinescope provides information about the processing of personal when using our services and visiting website(s) of Kinescope. Personal data is mainly processed to be able to execute agreements with data subjects.
Kinescope manages your data with care and ensures that any processing complies with applicable laws and regulations. New technological developments, innovative facilities, globalization and an increasingly digital government, places different demands on the protection of data and privacy. Kinescope is aware of this and ensures that privacy is guaranteed, among other things through measures in the field of information security, data minimization, transparency, and user control.
This privacy statement was last amended in July 2022. If changes are made, the new privacy statement will be published on this page.
This privacy statement applies to all personal data that Kinescope collects and processes from data subjects in the context of the offered services (both user interfaces and API) and visiting our website(s).
If you are under the age of sixteen, you may only provide personal data to Kinescope if one of your parents or a legal representative who has read this privacy statement gives us permission to do so on your behalf. We therefore request that you do not provide us with any information if you have not yet received permission.
Our website may contain hyperlinks to other websites. We are not responsible for the content or privacy protection of these websites. We therefore advise you to always read the privacy statement of the relevant website.
Kinescope, located in (7822 GM) Emmen at Parallelweg 36 and registered at the Chamber of Commerce under number 84154799, is responsible for the processing of personal data as described in this privacy statement.
Kinescope only processes personal data that you provide to Kinescope yourself. You provide the personal data when creating an account, subscribing to our newsletter and when using our website. Personal data is also processed to comply with legal obligations and in the context of marketing and communication activities.
You are never obliged to provide personal data to Kinescope. However, if certain personal data is not provided to us, you may not be able to make optimal use of our services. Below you can read which of your personal data Kinescope processes.
On our website it is possible to create an account. When creating an account, Kinescope processes the following personal data:
• First and last name;
• Company name;
• Password;
• Phone number;
• E-mail address;
• Browser’s language;
• Sign up and email confirmation events date & time.
Kinescope requires the above information to administer the account in the context of Kinescope services.
Usage statistics are analyzed within the website of Kinescope and/or system. The purpose of this is to optimize the layout and security for visitors and/or users. Based on this data, Kinescope can tailor the services as much as possible to the needs of visitors and/or users. These personal data are processed anonymously as much as possible. We collect, among other things, the following personal data:
• IP address;
• Surfing and clicking behaviour;
• Cookies;
• General visiting data, like most visited pages;
• Chatbot data:
• Message content.
The personal data which you will send to us with our chatbot will be used for identification and to be able to contact you. For more information about cookies, Kinescope would like to refer to the explanation below about cookies,
If on account creation you’ve given us a permission to send you a newsletter, Kinescope will process your name and e-mail address to send you a newsletter. This newsletter will be sent to you as long as you wish. In every received e-mail you can indicate that you no longer wish to receive the newsletter by clicking unsubscribe link. You can revoke your consent at any time.
Kinescope processes the above-mentioned personal data exclusively based on the following grounds as referred to in Article 6 of the GDPR:
- Legal obligation;
- Execution of the agreement;
- Consent of data subjects;
- Legitimate interest.
Kinescope does not store personal data longer than is necessary for the aforementioned grounds or is permitted by law and regulations. We store account data until your account is active. We store uploaded media assets for not more than 1 year after your account was deactivated
Kinescope attaches great importance to the security and protection of your personal data and, taking into account the state of technology, it takes appropriate technical and organizational measures to guarantee a level of security appropriate to the risk. In the event that Kinescope uses services from third parties, such as an IT supplier, Kinescope will lay down agreements on adequate security measures in the context of te protection of personal data in a processing agreement.
Kinescope only shares your personal data with third parties to the extent necessary for the provision of services with due observance of the aforementioned purposes. This includes performing certain technical activities, sending orders, and sending e-mails on behalf of and on behalf of Kinescope, such as an IT supplier.
In addition, Kinescope may provide personal data to a third party, such as a supervisory authority or other body with public authority, as far as there is a legal obligation to do so.
A processing agreement is concluded wit the third party that processes your personal data on behalf of Kinescope, as a result of which that third party is also obliged to comply with the GDPR. Kinescope will not transfer your personal data to third parties outside the European Economic Area, unless that third party offers appropriate safeguards for the protection of personal data. Kinescope passes on personal data to: Mailchimp, Google, Intercom, Telegram, and merchant providers. Kinescope will never sell or lease your personal data to third parties without permission. Also, Kinescope does not use profiling or automatic decision making.
On our website(s) we use (functional, analytical, and tracking) cookies that are stored by your browser on your device, for example your computer, tablet, or telephone.
Cookies are text files that are stored in your browsers to keep track of data. Information is stored in these cookies (such as the settings of your computer and preferences indicated by you) to facilitate a subsequent visit to our website. Thanks to cookies, we can remember valuable information and facilitate your use of the Kinescope website(s). This information does not contain name or address details or other personal details. A cookie typically contains the name of the domain from which the cookie originated, the ‘lifespan’ of the cookie and a randomly generated unique value.
You can set your browser so that you do not receive cookies during your visit to our website. In that case, however, you may not be able to use all the features of our website or that you will not have access to parts of our website. Kinescope does not use special software or cookies to determine the identity or behaviour of the individual visitor.
Only with your consent will Kinescope place non-essential cookies on your computer. We can use these cookies to keep track of which pages you visit and in the context of showing personalized advertisements and remarketing.
For the cookies that third parties place for advertising purposes, we would like to refer you to the privacy statements on the websites of these parties. Because these statements can change regularly, we recommend that you consult these privacy and cookie statements regularly.
Kinescope uses Google Analytics to track how effective our AdWords Ads are on Google search result pages and how visitors use our website. The information obtained for this is only processed anonymously. It is possible that the data being processed will be transferred to Google. This data is stored by Google on servers that may be located in the United States. To obtain more information about this, you can read the privacy statement of Google and the specific privacy policy of Google Analytics.
Kinescope only shares your personal data with third parties to the extent necessary for the provision of services with due observance of the aforementioned purposes. This incCookies from the American company Facebook can be placed via our website. We use this service to keep track of and to get reports on how visitors use the website. In addition, this data can be used for remarketing campaigns.
This processor may be obliged to provide access to this data based on applicable laws and regulations. We have not allowed Facebook to use the obtained analytics information for other Facebook services. Cookies are only placed for marketing purposes if you have given permission for this.
ludes performing certain technical activities, sending orders, and sending e-mails on behalf of and on behalf of Kinescope, such as an IT supplier.
In addition, Kinescope may provide personal data to a third party, such as a supervisory authority or other body with public authority, as far as there is a legal obligation to do so.
A processing agreement is concluded wit the third party that processes your personal data on behalf of Kinescope, as a result of which that third party is also obliged to comply with the GDPR. Kinescope will not transfer your personal data to third parties outside the European Economic Area, unless that third party offers appropriate safeguards for the protection of personal data. Kinescope passes on personal data to: Mailchimp, Google, Intercom, Telegram, and merchant providers. Kinescope will never sell or lease your personal data to third parties without permission. Also, Kinescope does not use profiling or automatic decision making.
Cookies from the American company LinkedIn can be placed via our website. We use this service to keep track of and to get reports on how visitors use the website. In addition, this data can be use for remarketing campaigns.
Kinescope had not allowed LinkedIn to use the obtained analytics information for other LinkedIn services. Cookies are only placed for marketing purposes if you have given permission for this.
Kinescope may use the services of Hotjar on the website. This service gives us insight into how users navigate our website. They therefore provide an analysis and feedback of the website based on the visit of the website visitors. In this way it is possible to adapt the website to the wished of the visitors.
If Kinescope decides to transfer your personal data to authorities outside the European Economic Area, Kinescope will take appropriate measures that are reasonably necessary to ensure adequate protection of your personal data.
You may request us to view your personal data at any time. You can also request us to correct, supplement, delete or protect your data if it is incorrect, incomplete, or irrelevant, or if it is otherwise processed in violation of a statutory regulation. You also have the right to object to the processing of your personal data. If you have the right to withdraw this permission. You also have the right to data portability. You will receive further notice from us as soon as possible and in any case within one month of receipt of your request.
If you have any complaints about the way we handle your data, please let us know so that we can deal with it. You also have the right to file a complaint with the Dutch Data Protection Authority.
Circumstances may arise in which Kinescope cannot fully comply with your request as a data subject. This includes the statutory administrative obligation in the context of tax legislation and regulations.
You can send a request for access, correction, limitation, opposition, transferability of data, deletion of your personal data or withdrawal or previously given permission via the contact details below:
Kinescope B.V.
This document entitled "User Agreement" is an offer by Kinescope B.V. (hereinafter referred toas "Right Holder") to conclude an agreement on the terms and conditions set out below.
1.1. In this document and arising or related to it relations between the Parties the following terms and definitions are applied:
1.2. Other terms and definitions not specified in clause 1.1 of the Agreement can be used in this Agreement. In this case, such a term shall be interpreted in accordance with the text of the Agreement. In case of absence of an unambiguous interpretation of a term or a definition in the text of the Agreement, its interpretation should be based on the following: firstly - on the Obligatory Documents specified in it, secondly - on the legislation of the Netherlands, and afterwards - on the customary business practice and the scientific doctrine.
1.3. Any use of the Service in any way and in any form within its declared functionality, including:
Downloading, searching, browsing or applying Content using the Service;
- Registration and/or authorization on the Website;
- Registration of an order for granting a licence for the Products;
- Registration of subscription to newsletter or other types of communications;
- Sending of request via the feedback forms on the Website;
- Other use of the Site and/or the Site-based Service,
creates an agreement between parties under the terms of this Agreement and the documents, specified in it, which are binding for the Parties in accordance with the provisions of the Dutch Civil Code (article 3:37(1)).
1.4. By using any of the above options to use the Service, you confirm that:
- You have read the terms of this Agreement and the Binding Documents specified in it in full before using the Service.
- Accept all of the terms and conditions of this Agreement and the Binding Documents set forth herein in their entirety without any waivers or limitations on your part, and agree to abide by them or stop using the Service. If you do not agree to the terms of this Agreement and the Binding Documents referred to herein, or are not entitled to enter into a contract based on them, you should immediately discontinue all use of the Service.
- The Agreement (including any part thereof) and/or the Mandatory Documents referred to herein may be amended by the Licensor without any special notice. The new wording of the Agreement and/or the Binding Documents specified in it shall come into effect from the moment the Agreement is posted on the Website or communicated to the User in another convenient form, unless the new wording of the Agreement and/or the documents specified in it are binding on the Parties.
2.1. A precondition for entering into this Agreement is the User's full and unconditional acceptance and compliance with the requirements and provisions, specified in the following documents (the "Binding Documents"):
- Privacy Policy posted and/or available on the Internet at https://kinescope.com/nl/privacy and containing the rules for the provision and use of Licensee's personal information, including personal data;
- Public offer to conclude a licensing agreement, which is posted and/or available on the Internet at https://kinescope.com/nl/privacy and is a binding document when the User places an order to grant the right to use the Products;
- Documentation, posted and/or available at the Website, which describes the logic of operation of the Service and Products including guides, API reference and player documentation.
2.2. The use of the Website and/or the Service is only possible in some limited parts of the public sections of the Website, without the User having previously registered and/or authorized themselves on the Website. In the rest, using the functionality of the Site and/or the Service provided on its basis is allowed after the User has been registered and/or authorized on the Site, in accordance with the rules established by the Licensor.
2.3. Service features list, the use of which requires certain actions by the User (for example, confirmation of the provided data or the conclusion of a compensation agreement with the Rights Holder) shall be determined at the sole discretion of the Rights Holder, and may change from time to time.
2.4. In order to register, the User shall provide true and complete information about himself/herself on the matters proposed in the registration and/or authorisation form on the Website, as well as when placing an order for a license to the Products using his/her software, and shall keep such information up to date. If the User provides any incorrect information, or the Right Holder has a reason to believe that the information provided by the User is incomplete or unreliable, the Right Holder shall have the right, in its sole discretion, to block or delete the User's Personal Account, and refuse to allow the User to use the Service in full or in part.
2.5. The Licensor reserves the right at any moment to require the User to confirm the details specified in the registration, and request in this regard the supporting documents (in particular the identification documents), the failure to provide which, at the sole discretion of the Licensor, may be equated with the provision of inaccurate information and entail the consequences specified in the paragraph. 2.4. of the Agreement.
2.6. In the event that the User's particulars, indicated in the documents provided by the User, do not correspond to the particulars indicated at registration, and also in the event that the particulars indicated at registration do not allow to identify the User, the Licensor shall have the right to take the measures specified in Section 2.4 of the Agreement.
2.7. The technical, organisational and commercial terms of use of the Service may be made known to the Users by separate posting on the Website, or by notifying the Users by email.
2.8. The Licensor has the right to set limits and introduce other technical restrictions on the use of the Service, which are listed in Documentation and updates will be announced to the Users in the form and manner chosen by the Licensor from time to time.
By accepting the terms of this Agreement, you represent and warrant that:
3.1. You have all the necessary rights and authority to enter into an Agreement to use the Service and perform it;
3.2 You shall use the Service solely for the purposes permitted by this Agreement, subject to its terms and conditions, and the requirements of applicable law and customary practice;
3.3 You will not engage in any conduct that conflicts with or interferes with the Service or the operation of related equipment, networks, or software through which the Service is provided;
3.4 Your use of the Service for a particular purpose does not infringe on any third party proprietary and/or intellectual rights, or violate any prohibitions or restrictions of applicable law or the rights of the country where you are located, including but not limited to copyright and related rights, trademark, service mark or appellation of origin, design rights, rights to use images of people; the Content and other data you submit do not contain offensive information and/or images that offend the honor, dignity, or reputation of others.
4.1 By accepting the terms and conditions of this Agreement you grant the Licensor a simple (non-exclusive) license to use the Content you submit (post or transmit) in the Service of the Licensor free of charge.
4.2 This simple (non-exclusive) license to use the Content is granted to the Licensor at the same time you add the Content to the Service of the Licensor for the whole term of the exclusive rights to the objects of copyright and (or) related rights constituting such Content, for the use in all countries of the world.
4.3 Within the framework of the simple (non-exclusive) license granted to the Licensor you may use the Content solely for the purpose of organising and providing you the Service in the following ways:
- To reproduce the Content, i.e. to make one or more copies of the Content in any material form, and their recording in the memory of an electronic device (right of reproduction);
- Distribute digital copies of the Content, i.e. provide access to the Content reproduced in any material form, including by network and other means, as well as by selling, renting, leasing, providing free of charge, including importing for any of these purposes (right of distribution);
- Publicly display the Content (right of public display);
- Communicate the Content in such a way that any person may access it interactively from any place and at any time of his choice (right of public communication);
- To modify the Content, i.e. to remake or otherwise rework the Content, including translating the Content from one language to another (the right to rework);
- The right to assign all or part of the acquired rights to third parties (right of sublicensing).
4.4 If there are no objects of copyright or related rights in the Content, under this Agreement you give the Right holder the Content - information and other informational materials - for use in any way, including the possibility to record, systematize, accumulate, store, clarify (update, change), extract, use, anonymize, block, delete, destroy such data, transfer (distribute, provide to third parties for any actions) at their sole discretion.
5.1. "Viewer Data" shall mean anonymous (non-identifiable) data about the Viewers and their activities, which may be collected and transferred to the Rights Holder for processing, for example: technical information about the Viewers' devices (type, model, operating system, language) and other device identifiers; information about activities with the Products.
5.2 The User collects the Viewer Data using the Products, transfers it to the Right Holder and instructs the Right Holder to process the Viewer Data in order to enable the User to technically perform the contracts and/or administrative functions to which the User and the Viewer are a party.
5.3 When using the Products and the Service, the User guarantees that it complies with applicable legislation on the protection of personal data, in particular that it has obtained the appropriate consent from the Viewer to process the Viewer Data and transfer it to the Rights Holder, or that the User is not required to obtain such consent under applicable law.
By agreeing to the terms of this Agreement you understand and acknowledge that:
6.1 The provisions of consumer protection legislation are not applicable to the parties' relations on the provision of the Service on a free-of-charge basis.
6.2 The Service is provided for information purposes on an "as is" basis, which does not create any warranty that the Service will meet your requirements; the Service will be uninterrupted, timely, secure, and error-free; the results that may be obtained from the Service will be accurate and reliable; the quality of any product, service, information, and Content obtained through the Service will meet your expectations; any errors in the Content and/or software are excluded.
6.3 Any information and/or materials (including any instructions or guidelines for use, etc.), which you access through the Service, you use at your own risk and are solely responsible for the consequences of their use, including any harm or damage that may result to you or any third party.
6.4 As the Service is at the stage of constant addition and updating of new functionalities, the form and nature of the services provided may change from time to time without prior notice to you. The Copyright Holder may, at its sole discretion, discontinue (temporarily or permanently) the Services (or any features within the Services) to all Users in general or to you in particular, without prior notice to you.
6.5 The Owner of the Right has no relation to the Content presented by the Users in the Service and/or distributed using the Service, and does not verify the content, authenticity and security of the Content or its components, as well as their compliance with the requirements of the applicable law, and the availability of the necessary rights to distribute and/or use them. The person who created the Content and/or added it in the Licensor's Service is solely responsible for its content, and for its compliance with the requirements of applicable law.
6.6 Users are not allowed to use the Service for:
- Distribution of pornographic materials, as well as materials associated with the promotion of pornography and child erotica, advertising of intimate services;
- Dissemination of any other prohibited information, including extremist materials, materials that violate copyright, as well as those that infringe human rights and freedoms on the basis of race or ethnic origin, religion, language, and gender, incite to commit acts of violence against persons or to inhuman treatment of animals, calling for the commission of other unlawful acts, including those that explain the manufacture and use of weapons, drugs and their precursors, etc;
- Disseminating false information defaming the honour, dignity, or business reputation of third parties.
- Committing other illegal actions, including obtaining unauthorized access to confidential information, its distribution, illegal access to computer information, use and distribution of malicious computer programs, violation of rules of operation of means of storage, processing or transmission of computer information and information and telecommunications networks, organization of gambling, lotteries, and other promotional activities in violation of applicable law.
6.7 In the case of any violation of your rights and/or interests in relation to the provision of the Service, you must inform the Licensor of the violation. This requires a written notice to the Licensor detailing the circumstances of the violation of your rights and/or interests.
6.8 The Users shall be responsible for any breach of the obligations set forth in this Agreement and/or the applicable law, and for all the consequences of such breaches (including any loss or damage which the Licensor or any other third parties may incur).
6.9. In the event of any third party claims against you regarding your violation of any proprietary and/or personal non-property rights of third parties, or prohibitions or restrictions imposed by law, you shall at the request of the Licensor be officially identified, providing the Licensor with a notarized undertaking to settle such claims by your own means and at your own expense, and provide your passport information.
6.10. In case of repeated or gross violations of the terms of this Agreement, including the binding documents specified herein, and/or the requirements of the law, the Licensor reserves the right to block the User's access to the Service, or otherwise restrict (terminate) the provision of services to the User using the Service.
6.11. In the case of bringing the Licensor to responsibility or imposing penalties on the Licensor in relation to the infringement of the rights and/or interests of the third parties, as well as prohibitions or restrictions imposed by the law, you must compensate the losses of the Licensor in full.
6.12. The Licensor shall be exempted from any liability in connection with the breach committed by the User, and the damage or loss caused to the User in the circumstances specified above.
6.13. In any circumstances the liability of the Licensor is limited to 100 (hundred) euros, and is imposed on the Licensor only if it is at fault.
7.1. You agree to receive information messages (hereinafter referred to as "notifications") from the Licensor to the specified email address, which you indicate when you start using the Service, containing messages about important events, which take place within or in connection with the Service.
7.2 The Owner shall be entitled to use notifications within the framework of informational service for informing the User about changes and new features of the Service, and/or changes in the Agreement or the binding documents specified in it, as well as in connection with placing orders, concluding and executing contracts, and holding marketing events, including promotional events.
8.1 The User determines the terms and procedures for using the functionalities of the Service on his own, which, however, can go into conflict with this Agreement.
8.2 Applicable law. This Agreement, the order of its conclusion and execution, as well as issues not regulated by this Agreement, are governed by the current law of the Netherlands.
8.3 Arbitration. All the disputes under or in connection with the Agreement shall be settled in the court at the location of the Titleholder in accordance with the current procedural law of the Netherlands.
8.4 Amendments. This Agreement may be unilaterally modified or terminated by the Licensor without prior notice to the User and without any compensation in connection therewith.
8.5. Edition of the Agreement. The current version of this Agreement is posted on the Website and is available on the Internet at: https://kinescope.com/nl/privacy