Data Access Terms

Pon.Bike Terms of Use for Third Party Data Recipients - Data Access

These terms of use ("Terms") ensure that both parties comply with legal requirements, including data protection laws and the EU Regulation on fair access to and use of data (EU 2023/2854, “Data Act”) while safeguarding trade secrets and establishing clear rules for data access, use, and compensation. 

These Terms are applicable for all Pon.Bike brands: Gazelle, Kalkhoff, and Urban Arrow (each individually or collectively referred to as "Pon.Bike" or “Data Holder”). Any terms used in these Terms, which are defined in the Data Act and not otherwise defined in these Terms, shall have the meaning as set out in the Data Act.

By proceeding to confirm the account creation and using your account, you agree to these Terms. 

1. Data Access and Use

Data Covered: You, as the Data Recipient, will receive the data specifically requested by the user, along with any necessary metadata to interpret it. If available to Pon.Bike, the data shall be made available in a comprehensive, structured, and machine-readable format.

Permissible Use: You must use the data exclusively for the purpose(s) agreed upon with the user. You are explicitly prohibited from:

  • Developing a product that competes with Pon.Bike’s product.

  • Using the data to gain insights into Pon.Bike’s economic situation, assets, or production methods.

  • Using the Data in a way that harms the security of Pon.Bike’s product or related services.

  • Providing false information or abusing Pon.Bike’s technical infrastructure to obtain data.

2. Declarations and Warranties

By entering this agreement, you confirm that:

  • You have a valid agreement with the requesting User for the use of the data.

  • You are not a designated 'gatekeeper' under the Digital Markets Act.

  • You will comply with all relevant data protection laws, including the GDPR, when processing personal data.

If you become aware that any of these declarations are no longer correct, you must notify the Pon.Bike immediately. Failure to do so could result in liability for any damages suffered.

3. Protection of Trade Secrets

If the data you receive contains trade secrets, you must implement and maintain the protective measures specified in the contract's appendices. These measures, which can be both technical (e.g., encryption) and organizational (e.g., access controls), are designed to preserve the confidentiality of the secrets. You may be required to undergo a security audit to verify your compliance.

Pon.Bike can withhold or suspend the sharing of specific trade secrets if your protective measures are inadequate or if there's a serious risk of economic damage from their disclosure. You must not alter or remove any protective measures applied by Pon.Bike.

4. Compensation

The compensation - if any - you pay for the data access will be determined based on your classification as a Small or Medium-sized Enterprise (SME) or non-profit organization.

  • If you are an SME or non-profit: The compensation shall exceed the direct costs incurred by Pon.Bike for making the data available.

  • If you are not an SME: The compensation shall be non-discriminatory and reasonable, covering the costs of making the data available, investment in data collection, and a reasonable margin.

You must inform Pon.Bike immediately of any changes to your SME status by contacting customer support. 

 5. Non-Performance and Termination

Remedies for Non-Performance: If Pon.Bike fails to provide you the data as agreed, you shall send a written notification with a clear description and instructions to customer support and request Pon.Bike to provide you the Data within a reasonable time frame. If Pon.Bike attributable fails to meet expectations, Pon.Bike shall only be liable for damages actually suffered up to a maximum of the amount paid in clause 4. 

Termination:

  • You can terminate the agreement at any time by providing the Pon.Bike with notice and informing the requesting user. You may be required to compensate the Pon.Bike for any costs they incurred.

  • Pon.Bike may terminate the agreement at any time on request of the User. 

  • The agreement may also be terminated if a party commits a fundamental breach of these terms.

Upon termination, you are released from the obligation to receive future data, and you must comply with any required "exit support" measures, such as returning or destroying data.

6. Modification of the Terms

Pon.Bike reserves the right to modify these Terms at any time. The most recent version of the Terms will always be available in the footer under “Data Access Terms” within your account of the Digital Services. By continuing to use the Digital Services after a modification, you accept the modified Terms. For significant changes that materially affect your rights or obligations, Pon.Bike will notify you via the contact information in your account or through a notification on the Digital Services. Your continued use of the Digital Services constitutes your acceptance of the modified Terms.

7. Applicable Law 

These Terms are governed by Dutch law.