Protecting your brand assets 24/7.
CatchScan ApS
Vingårdsgade 9, 4
9000 Aalborg
Denmark
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Copyright © 2023 CatchScan. CVR: 42117854
These terms and conditions govern the use of the services offered by CatchScan ApS via the website www.catchscan.com.
The defined terms below shall in these terms and conditions have the following meaning:
1.1 “Users” within the meaning of Terms and Conditions are those who use the services offered by
CatchScan on the “CatchScan platform”.
1.2 “Image” or “images” are any visual work, image, photograph, which are copyright protected and accessible online, in which the user holds the sole image rights.
1.3 “CatchScan matching software” is a software of CatchScan, which finds copied images on Internet sites, as well as relevant web page data.
1.4 “CatchScan Platform” is the user platform accessible via the CatchScan website. It allows users to view their customer account, upload images and view the results of the CatchScan image search engine and to assert their rights.
1.5 “CatchScan services” includes all services offered by CatchScan, including the CatchScan matching software, CatchScan platform and case handling.
1.6 “Compensation” is defined as the core payment the client is entitled to. Compensation does not Include payment or refund of lawyers fees, cost of legal counseling, court fees, debt collection which has been paid in advance by CatchScan or is a result of CatchScan’s service.
2.1 The offer of CatchScan is equally aimed at privates, entrepreneurs, corporations, e-commerce sites, content creators, artists, and photographers.
2.2 The Terms and conditions shall apply to all CatchScan’s business relations, unless otherwise agreed in a written agreement. Any Terms and conditions of CatchScan contractual partners shall not apply.
3.1 To use the CatchScan services, the user must register on the CatchScan platform and create an account.
3.2 The registration on the CatchScan platform is possible only by age and legally competent persons. If a copyright holder is not legally competent a legal guardian needs to sign over the power of attorney. If the application is made for a legal person or body or person of public law, the application must be made by a person legally authorized to represent the legal person or body or person of public law. CatchScan reserves the right to refuse service until provided proof of authorization by legal persons.
3.2 It is strictly forbidden for companies or employees who are connected to or operating a competing system to create an account or use the platform.
3.3 The creation of a customer account is only possible by entering the mandatory information about the user: name, a current e-mail address and the choice of password (account data). The e-mail address is also used to communicate with CatchScan. CatchScan uses the e-mail address in addition to direct advertising for its own similar goods or services. The user may at any time object to this use without incurring other any additional costs from CatchScan.
3.5 After making an account on the CatchScan platform a gratuitous contract is closed between the user and CatchScan for the use of CatchScan services. CatchScan reserves the right to refuse to open accounts. If an account is refused, CatchScan will delete the account and all the entered information and data.
3.6 The user is obligated to enter truthful information at the time of registration and update the user information if changed. The use of pseudonyms as a name prohibited the user can however enter account names of social media accounts in the designated form.
3.7 The user is not allowed to pass on their password to third pares and is obliged to treat the password with confidentiality and to protect it against unauthorized access. If the User has reason to suspect that third parties may have obtained or have received the password unauthorized, they shall contact CatchScan immediately and block access and change the password or have it changed by CatchScan. In this case, CatchScan has the right to temporarily block the access of the user if CatchScan is also suspicious of misuse.
3.8 Each user may only be registered once. If CatchScan terminates this agreement, blocks, or deletes a customer account, a user may only register again with the express, written consent of CatchScan.
4.1 CatchScan provides the CatchScan platform with the CatchScan matching software for the automated search for image violation on the Internet via the CatchScan platform. CatchScan gives no guarantee that all copyright infringing images on the internet will be found by the software.
4.2 The user may upload up to 5000 images on the CatchScan platform, which are then monitored by the CatchScan matching software. Should the user wish to monitor more than 5000 images, the user needs to upgrade their membership to a Premium membership.
4.3 The CatchScan matching software automatically searches the Internet for matches with the uploaded images of the user and then displays the found matches in an overview in the user account of the user on the CatchScan platform. CatchScan will not act upon any potential infringements, before the user has chosen how they want to proceed with the claim.
5.1 The user may only use the CatchScan services for the purpose to find Copyright infringement claims and if the client wants to pursuit, to instruct CatchScan to make the claim. It is forbidden for companies or persons who develop or offer similar services, now or in the future.
5.2 The user is not allowed to use the service in any way that is likely to affect or burden the website or the underlying technical infrastructure. This is in particular: the use of scripts, software or databases in connection with the use of the website.
5.3 CatchScan may restrict users from using its services partially or entirely, for a set time, or permanently, if this should be necessary regarding maintenance, server limits, security of the servers, or other events outside CatchScan’s control.
5.4 Should CatchScan be harmed by a culpable breach of the user’s obligations according to clauses 3.2, 3.3, 3.6, 3.8, 5.1 and 5.2, the user is obliged to compensate the damage to CatchScan.
6.1 The user grants CatchScan a right to represent them in legal disputes regarding copyright infringement. Copyright is granted the right to make copyright claims against third parties, on behalf of the client. The user does not grant CatchScan any copyrights.
6.2 The user can choose to grant CatchScan a simple right of use, for the purpose of licensing the photos to third parties on behalf of the client. This can be done on the CatchScan platform. This will grant CatchScan the right to reproduce, store and make the images available to the public as far as necessary for the exercise of CatchScan services.
6.3 The user guarantees to have ownership of the copyrights on the uploaded images, and that the images are free of third-party rights.
6.4 The user frees CatchScan from all claims from third parties stemming from the infringement of rights of third parties. In this case, the user assumes all costs incurred by CatchScan from third parties. Costs also include the costs of adequate legal defense, including court and legal costs.
7.1 The contract between the user and CatchScan runs indefinitely and can be terminated by either party at any time, without giving reasons and a notice period.
7.2 CatchScan Premium membership has a binding period of 6 months. After the binding period, the user can downgrade or terminate the membership, without any notice period.
7.3 Termination of a membership must be declared in writing to the contractual partner. Termination can also be explained by the fact that CatchScan decides to delete the account of a user. CatchScan may delete an account, if the user does not comply with their duties as specified in points 3.2, 3.3, 3.6, 3.8, 5.1 and 5.2.
7.4 If a membership is terminated, the user account, data and images will be deleted.
7.5 If a user grants CatchScan a simple right of use as per 6.2, the right can be revoked at any time. Revocation of the right will not affect the users access to other CatchScan Services.
8.1 CatchScans case fee is 25% of the total compensation, excluding VAT. The compensation includes all payments made from the infringing party.
8.2 For Danish clients, the fee is a fixed amount, which typically corresponds to 25% of the compensation, excluding VAT.
8.3 If CatchScan sells licenses for the client, CatchScan’s case handling fee is 25% of the licensing fee, excluding VAT.
8.4 The use of the CatchScan platform is free.
8.5 The membership can be upgraded to Premium, which costs 300 DKK per. Month, excluding VAT.
8.6 Premium for companies can be purchased by contacting support
9.1 For consumers defined in the EU-consumer regulation a user can withdraw their consent within 14 days of signing up or upgrading a membership.
9.2 The user can withdraw acceptance of the agreement with CatchScan within 14 days of the conclusion of the agreement. The user does not need to specify a reason for withdrawal of consent. To withdraw consent, the user must communicate this to CatchScan within the 14-day period and mention clearly that the user wish to withdraw from the agreement and include account information.
9.3 Due to the nature of the CatchScan services, the user cannot withdraw from the agreement, if they have received payment for an infringement, as the agreed service has been provided.
Withdrawal can be sent to
CatchScan ApS
Vingårdsgade 9, 4
9000 Aalborg
Denmark
Or
support@catchscan.com
10.1 CatchScan shall be liable if damage is caused by intent or gross negligence.
10.2 CatchScan is only liable for slight negligence in the case that it is a breach of essential obligations and is endangering the purpose of the contract or if CatchScan violates obligations to fulfill the proper implementation of the contract at all and if the user regularly complies with their obligations. In this case CatchScan is only liable for the foreseeable, contract-type damage.
10.3 When the liability of CatchScan is excluded or restricted, it also applies to the personal liability of CatchScan employees, representatives, and vicarious agents.
CatchScan is not obliged to participate or represent the user in alternative dispute resolution proceedings in front dispute resolution bodies.
12.1 The law of the Kingdom of Denmark shall apply exclusively to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods.
12.2 Concluded contracts with CatchScan are not saved after the conclusion of the contract and are not made available to the contractual partner.
12.3 The court of jurisdiction for disputes arising out of or in connection with contracts between CatchScan and the users who are merchants, legal persons of public law or a public special fund is the place of business of CatchScan in Aalborg, Denmark.
12.4 CatchScan reserves the right to amend these Terms and Conditions. CatchScan will notify all contractual partners four weeks prior to the new terms and conditions entry into force.
12.5 The contract language is English. If the contractual partner is in another language and the translation deviates, the English version will supersede other versions.
CatchScan view data privacy as a cornerstone of our business. Our Privacy policy is, that we collect, store and process only the necessary data in a lawful way.
This Privacy policy applies to CatchScan.com and all CatchScan services, owned and operated by CatchScan ApS in Vingårdsgade 9, 4, 9000 Aalborg, Denmark.
CatchScan processes data within the borders of EU. All data storage and processing done by CatchScan is in accordance with the General Data Protection Regulation (GDPR).
– Infringing parties
– Persons employed by clients
– Persons appearing in photos (This may be considered personal information, we do not process information about any subjects in uploaded photos).
– Persons who use our website, and or creates an account.
Information regarding our cookies and data collected from cookies can be found in our Cookie policy.
When CatchScan’s matching software finds potential copyright infringements, personal data regarding the infringing party, including name, contact information will be stored and processed.
This is stored and processed so CatchScan can contact the infringing party to handle the potential infringement case. The processing of this data is therefor necessary for CatchScan to prosecute the infringing party, in accordance with article 6 (1), litra f in the General Data Protection Regulation (“GDPR”).
The personal data used in the handling of copyright infringement cases includes, but is not limited to your name, e-mail address, phone number and address. This data is relevant and necessary for CatchScan to handle infringement cases on behalf of our clients.
When using our services on our website, CatchScan are processing all entered data about the user. This includes all personal data, payment information and uploaded photos. All data entered on the website will be processed according to the contract entered between CatchScan and the user and is therefore based in consent, in accordance with article 6 (1), litra a in GDPR.
In addition to the data received from the user, CatchScan also store and process data when handling infringement cases on behalf of the users. This data includes data on the infringing party and contact information.
In order for CatchScan to represent its users, CatchScan gather public information on infringing parties from websites and official registers of domains such as www.dk-hostmaster.dk, www.cvr.dk or other publicly available websites.
Third Party Cookies
In some special cases we also use cookies provided by trusted third parties. The following section details which third party cookies you might encounter through this site.
For more information on Google Analytics cookies and Facebook pixel cookies, see the official Google Analytics page and Facebook pixel page.
CatchScan gathers personal data in order to represent its clients in copyright infringement cases. The legal basis to process the personal data is GDPR article 6 (1), litra f, on processing of personal data for the purpose of legitimate interests.
The data collected by CatchScan is stores on external servers within EU but may be transferred to and processed outside of the European Economic Area (“EEA”). Any transfer of personal data to servers outside EEA will be done line compliance with applicable laws.
Data used for copyright infringement cases is only accessible to CatchScan employees. Third parties will only get access to the data, after direct instruction from the user.
Personal data on the user is only stored while the user account is active. The user can get all personal data deleted upon request to Support@catchscan.com .
Personal data on infringing parties is only stored for as long as the case handling process is.
CatchScan will store personal data for 5 years in which a case is closed to comply with the Danish Bookkeeping Act or for the establishment, exercise or defence of legal claims.
As per GDPR article 14 (2), litra c, the data subject has some rights regarding to the processing of personal data. The data subject has the right to gain access to personal data stored by CatchScan.
Data subjects have the right to object to processing of personal data by CatchScan if it is based on a legitimate interest. The decision on weather or not CatchScan will stop the processing of personal data will be decided based on the balancing test.
CatchScan takes security of data extremely seriously. CatchScan continuously update our security systems to ensure we live up to the highest security standards possible while maintaining a usable product.
More information regarding the rules on processing and storage of personal data or GDPR can be found on the Danish Data Protection Agency’s website www.datatilsynet.dk. If you think CatchScan stores or processes your personal data in an illegal way, you can file a complaint to the Danish Data Protection Agency.
In order to ensure CatchScan continuously comply with applicable law and legislation the privacy policy can be changed. The current version of CatchScan privacy policy is always available on the website www.catchscan.com/privacypolicy. Previous versions can be obtained by requesting it from Support@catchscan.com .
If you have any questions or complaints regarding the processing of your personal data, you are welcome to contact us over email. Our email address is Support@catchscan.com
We can be contacted by email on:
Support@catchscan.com
Our at:
CatchScan ApS
Vingårdsgade 9, 4
9000 Aalborg
CVR: 42117854
You are always welcome to contact us if you have any questions regarding the processing of your personal data. We can be contacted on mail: Support@catchscan.com
Protecting your brand assets 24/7.
CatchScan ApS
Vingårdsgade 9, 4
9000 Aalborg
Denmark
Copyright © 2023 CatchScan. CVR: 42117854