Terms & Conditions

Last updated: [03/01/2025]

Welcome to Datajoy, a data intermediation service that helps connect Individuals and Data Users. A further description of Datajoy’s services is available at www.datajoy.eu.

These Terms and Conditions ("T&Cs") govern the access to, use of, and other processing relating to Datajoy and its Related Content by Data Users, Data Holders and other persons who hold, access, send, receive or otherwise process data in relation to Datajoy and its Related Content other than as an Individual (collectively, “Data Participants”). For the terms and conditions governing Individuals’ access to and use of Datajoy and its Related Content, refer to the Terms and Conditions for Individuals available at datajoy.eu/terms then on "Data Participants".

By clicking 'I agree' (or equivalent language) or by continuing to access, use, or interact with Datajoy and its Related Content, the Data Participant unconditionally accepts these Terms and Conditions.

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Access to Datajoy for Data Users requires an online registration. When registering, the Data User must provide accurate, complete, and up-to-date information to ensure reliable identification and authentication.

Unless a minimum duration or fixed term applies under Specific Terms, the Data User is free to stop using Datajoy at any time. The Data User will not be entitled to a refund of any fees already paid or owed.

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• Datajoy, the Data User, and other Data Participants with whom Datajoy engages in commercial discussions, undertake to preserve the confidentiality of information exchanged between them. This includes information conveyed during demonstrations and meetings regarding Datajoy, commercial offers and negotiations. Information is not considered confidential if (a) it is already in the public domain without breach of an agreement between the parties; (b) it was already known to the recipient at the time of disclosure; (c) it was lawfully obtained by the recipient from a third party, without breach of confidentiality; (d) it has been independently developed by the recipient; (e) it is explicitly designated by the disclosing party as not being confidential; or (f) it must be disclosed to comply with a legal or regulatory obligation, provided that, to the extent permitted by law, the disclosing party is given prior notice and an opportunity to object to or limit such disclosure.

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• Data Participants will follow identification, authentication and security procedures provided by Datajoy. They will take care to protect identifiers that have been attributed to them by Datajoy and not to communicate them to others. Data Participants will be liable in the event of voluntary or accidental acquisition by others of their identifiers and underlying data. If applicable, Data Participants will ensure that they log out of their account after each session, especially in the event of access from a shared device or a public network. In the event of loss or theft of credentials, signs of a data breach, or suspicion of illegal activity, Data Participants will immediately notify Datajoy at support@datajoy.eu. Data Participants will cooperate in good faith with Datajoy to investigate and resolve these issues. In the event of loss or theft of passwords, Data Participants will change their password as soon as possible.
• Data Participants undertake to implement and comply with data security practices and policies that are adequate with respect to the data concerned and consistent with the measures taken by Datajoy, in particular to prevent or resolve data breaches, ensure compliance with applicable law, and manage access rights, roles and authorizations. In the event of remote support to Data Participants by Datajoy, Data Participants undertake to close applications and not to communicate or reveal data that are not relevant to the support. This includes, but is not limited to, protecting devices and Internet connections from unauthorized access by adopting appropriate security measures, such as physical security measures, strong passwords, keeping software and hardware up-to-date, and, whenever possible, enabling multi-factor authentication, as well as protection against malware (such as viruses, spyware and ransomware) and a firewall.
• Datajoy shall take necessary measures to ensure an appropriate level of security for the storage, processing and transmission of non-personal data, and the Datajoy shall further ensure the highest level of security for the storage and transmission of competitively sensitive information.
• Datajoy shall without delay inform data holders in the event of an unauthorised transfer, access or use of the non-personal data that it has shared.

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• Datajoy's processing of personal data is described in Datajoy's Privacy Policy available at Datajoy.eu/privacy.
• Data Holders, Data Users and other Data Participants are responsible for their own personal data processing practices. Unless otherwise specified in an agreement between Datajoy and a Data Participant, each Data Participant is separately responsible for complying with privacy requirements under applicable law, including regarding notice to Individuals and the exercise of their privacy rights.
• To the extent that Datajoy acts on behalf of Individuals, Datajoy may facilitate Individuals’ requests towards Data Holders or Data Users. Data Participants will cooperate with Datajoy to the fullest extent permitted by applicable law. This requirement does not release Data Participants from complying with requests made by Individuals independently from Datajoy.

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• All rights, title and/or interest, recognized in any country or jurisdiction in the world, whether registered or unregistered, in and to Datajoy and its Related Content and the material published in Datajoy and its Related Content are reserved to Datajoy.
• For the duration of its use of Datajoy, Datajoy grants the Data User, and other Data Participants authorized by Datajoy to use Datajoy, a non-exclusive, non-transferable, non-sublicensable, royalty-free license for [the territory where Datajoy operates/Belgium] to use Datajoy in accordance with Datajoy's guidelines and agreements entered into with Datajoy, including the T&Cs and Specific Terms. The Data User, and such other Data Participant, acknowledge and agree that additional terms pertaining to intellectual property rights may be set out in Special Terms. The Data User, and such other Data Participant, will respect the number of licenses or accounts granted for Datajoy, and will not allow more users to access and use Datajoy than this number.
• Data Participants grant Datajoy a non-exclusive, royalty-free, transferable, sub-licensable, perpetual (for the duration of the rights) and worldwide license to use materials protected by its intellectual property rights for the purpose of providing and improving Datajoy and its Related Content, including to incorporate Data Participant’s logo and any other material protected by its intellectual property rights into its account and associated accounts, where applicable, to customize the appearance and content of Datajoy according to its guidelines, and for the development and improvement of the functionalities of Datajoy and its Related Content. The Data Participant warrants that it holds all necessary authorizations for such uses and that the materials do not breach any third-party rights.
• Datajoy is free to use and apply any ideas, suggestions, feedback or know-how that the Data Participant communicates to it or resulting from the relationship with the Data Participant, without compensation being due or being considered an infringement of the Data Participant's intellectual property rights under this section, to the confidentiality of the Data Participant’s information under Section [2] (Confidentiality) of the T&Cs, or the Data Participant’s know-how.

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• The Data Participant will comply with applicable law. The Data Participant understands and acknowledges that it remains accountable to Individuals and other Data Participants for any wrongdoing it commits, including through or in connection with Datajoy.
• The Data Holder will ensure that the data it provides to Datajoy are lawful and accurate. While Datajoy may implement screening mechanisms, particularly for security and fraud prevention purposes, it does not assume responsibility for verifying the accuracy or legality of the data provided by the Data Holder, nor the reputability and reliability of the Data Holder or Data User.
  • Notwithstanding the above, Datajoy may require Data Users to adhere to Code of Ethics or ethical charts prior to allowing them to engage in data sharing between Individuals and Data Users.
• The Data User will use the data received from or in connection with Datajoy in accordance with these T&Cs, Specific Terms, and applicable law.
• Data Participants will refrain from any activity that may undermine the integrity or rights of Datajoy, Individuals, Data Participants and other third parties in connection with Datajoy, including (I) using Datajoy for any purpose other than the use of features described and authorized by Datajoy; (ii) attempt to access Datajoy's source code or copy Datajoy; (iii) attempt to extract or access data that the Data Participant is not, or should not be authorized to access, within Datajoy or its Related Content; (iv) alter or misrepresent any reference to Datajoy's intellectual property rights; (v) use Datajoy or its Related Content to disseminate illegal content; (vi) incorporate Datajoy into any other software or derivative material without permission from Datajoy or attempt to commercially exploit it in any other way; or (vii) attempt to harm through denial attacks, or introduce viruses, Trojan horses, or other malicious material into Datajoy or its Related Content.
• If a Data Participant becomes aware that Datajoy, any Related Content, or any other information provided to or received in connection with Datajoy, does not comply with the T&Cs or applicable law, or if the Data Participant becomes aware of an infringement of Datajoy's intellectual property rights by a third party or an illegal act that would harm Datajoy's interests, the Data Participant will immediately notify Datajoy. The Data Participant will cooperate in good faith with Datajoy to take any action requested by Datajoy to mitigate or resolve the situation.

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• The services offered within Datajoy are payable through wire transfer. Pricing is outlined in the Specific Terms applicable to the Data Participant.
• Unless otherwise specified, prices and fees are in euros, excluding taxes and other charges. Invoices and payment requests must be paid within 30 (thirty) days. The Data Participant agrees to receive electronic invoices.
• Data Participants are responsible for verifying the authenticity of any invoice or payment request. If necessary, they will contact Datajoy. Datajoy will not be liable for any improper payments.
• Unless otherwise set out in Specific Terms, prices may be adjusted automatically and without formality, on the first of January of each year to reflect increases in costs pertaining to digital services, in particular wages, following the formula P = P0 * (0.2 + 0.8 * (I/ RI)), with the price adjustment not being able to be negative. The value of the reference index (“RI”) is the last index published by Agoria in the month of January at the date of the relevant offer. The value of the new index (I) is the index published by Agoria for the month of January of the year concerned by the revision. The absence of a revision on the scheduled annual date will not imply a waiver of its application during the year or at future annual dates.
• Any request for adjustments to Datajoy or other services made by the Data Participant may result in additional costs.
• Late payments will accrue interest at the legal commercial rate without notice. The Data Participant will cover reasonable collection costs, including legal fees, unless due to Datajoy's invoicing errors.
• The Data Participant is responsible for invoicing any other party, including Individuals. Datajoy accepts no liability in this regard.
• Datajoy may offset any amounts owed to it by the Data Participant against any amounts owed by Datajoy to the Data Participant.
• Price and commercial terms for Datajoy’s services shall not depend upon whether the data holder or data user uses other services provided by Datajoy or by a related entity, and if so to what degree the data holder or data user uses such other services;

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• The use of third-party products by the Data Participant, and the use of its data by the third-party supplier, outside of any subcontracting relationship with Datajoy, are governed by a separate agreement between the Data Participant and that supplier. This is the case, for example, where a supplier provides cloud and hosting services. Datajoy is not responsible in any way for any loss or damage resulting from the use of these third-party products.
• Without limiting the generality of the above, Datajoy may offer or facilitate certain ancillary services, including data hosting, in its capacity as a data intermediation service provider. These T&Cs apply to such services as Related Content, though additional terms may apply as provided by Datajoy.
• If the Data Participant requests the integration of Datajoy with third-party products, the Data Participant warrants that Datajoy has the right to do so and releases Datajoy from any liability and will indemnify Datajoy against any third-party claims.

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• Datajoy does not guarantee that Datajoy will be available permanently or error-free. Suspensions may be necessary, for example, to carry out maintenance operations or in the cases referred to in Section [12] (Suspension) of the T&Cs. However, Datajoy will endeavor to carry out maintenance interventions outside of peak hours (Central European time) and to correct errors when they are detected. Data Participants acknowledge and agree that Datajoy cannot be held liable in this regard, and that any suspension will not result in a reduction in payment.

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• The liability of Datajoy or its directors, employees or other representatives for any direct damage in any form whatsoever, is limited to the lesser of the following amounts: (i) the amounts paid by the Data Participant to Datajoy for Datajoy during the 12 (twelve) months preceding the event giving rise to liability, or (ii) the maximum amount of Datajoy's liability insurance, regardless of the extent of the damage caused and only to the extent that the insurance covers the claim and compensates Datajoy accordingly.
• Datajoy and its Related Content are not intended to meet any particular requirement of the Data Participant and are provided 'as is', without warranty of title or right of use, or non-infringement of third-party rights.
• IN NO EVENT WILL DATAJOY, OR ITS DIRECTORS, EMPLOYEES, OR OTHER REPRESENTATIVES, BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OR BREACH OF DATA, LOSS OF PROFITS, LOSS OF REVENUE, COMPUTER ATTACK, INFECTION BY A VIRUS OR OTHER DAMAGE TO COMPUTER EQUIPMENT, OR ANY OTHER DAMAGES ARISING OUT OF OR IN CONNECTION WITH ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE DATAJOY OR ITS ASSOCIATED CONTENTS, EXCEPT TO THE EXTENT THAT SUCH DAMAGES ARISE DIRECTLY AND EXCLUSIVELY FROM DATAJOY'S FRAUD OR GROSS NEGLIGENCE.
• If applicable law does not allow any of the disclaimers or limitations of liability or indemnification of the T&Cs, these disclaimers, limitations or indemnification will not apply only to the extent that they are not permitted.
• All exclusions or limitations of liability, and indemnification in the T&Cs, are made for the benefit of Datajoy and its shareholders, directors, officers, employees, agents, representatives, licensors, suppliers and service providers.

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• The Data Participant agrees to defend, indemnify and hold harmless Datajoy from and against any and all claims, losses, costs and expenses arising out of (i) the Data Participant’s use or activities relating to Datajoy or its Related Content, and (ii) any breach or alleged breach of the T&Cs, including, without limitation, Section [5] (Intellectual Property).

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Datajoy reserves the right to suspend a Data Participant’s access to and use of Datajoy in the following cases:

1. If Datajoy has reasonable grounds to suspect a violation of the T&Cs, in particular Section [1] (Data User Account), if the Data User has provided false information as to its identity for example, [2] (Confidentiality), [4] Privacy, [5] (Intellectual Property), and [6] (Acceptable Use);
2. In the event of an imminent risk to the security or protection of personal data, or suspicion of fraud by the Data Participant or a user associated with its account;
3. In case of an account that has been inactive for more than [3 (three)] years;
4. In the event of late or non-payment of sums due to Datajoy; or
5. To comply with law applicable to Datajoy.

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1. Subject to limitations in Specific Terms, either party may terminate without notice the supply or receipt of Datajoy, the T&Cs in this regard, and/or the Special Terms if:
2. The other party has committed a material breach of the T&Cs or Specific Terms and fails to remedy such breach within 30 (thirty) days of receipt of a notice in this regard, provided that the breach can be remedied and the termination does not concern legal compliance or other compelling reasons, as otherwise the termination may take place with immediate effect;
3. The other party repeatedly materially violates the T&Cs or Specific Terms, notwithstanding any corrections; or
4. If a party is subject to bankruptcy or insolvency proceedings, enters into settlement plans with its creditors, hands over the management of its assets to an administrator, ceases operations, or admits its inability to pay its debts.
   • Datajoy reserves the right to terminate access to and use of Datajoy, and the T&Cs in this regard and the Specific Terms in the event of a serious, repeated or prolonged reason for suspension listed in Section [12] (Suspension) of the T&Cs.
   • In the event of a suspension pursuant to Section [12] (Suspension) that is not attributable in any way to the Data User or other Data Participants authorized by Datajoy to use Datajoy, and that continues for more than 30 (thirty) days, the Data Participant will be entitled to terminate the receipt of Datajoy, the T&Cs in this regard, and/or the Specific Terms, by written notice, until such service is re-instated.
   • Datajoy shall, in the event of its insolvency have mechanisms in place to allow data holders and data users to obtain access to, to transfer or to retrieve the data stored by Datajoy and, where such data intermediation services are provided between data subjects and data users, to allow data subjects to exercise their rights
   • Upon the expiration or termination of all or part of the T&Cs or Specific Terms, all sums due to Datajoy will be immediately payable. Expiration or termination will be without prejudice to the obligations and rights acquired by the parties up to the date of termination or expiry. The Data Participant will cease and agree that users associated with its account will cease to use Datajoy and its Related Content.

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• The Data Participant is responsible for the accuracy and retention of data. Datajoy is not intended to be used as a backup or archiving solution.
• During the period of use of the account of the Data User, or any other Data Participants authorized by Datajoy to use Datajoy and to open a Datajoy account, Datajoy will endeavor to enable the Data Participant to export the latest version of the data contained in the account within the technical limits and format of Datajoy, or to delete the same, when requested by the Data Participant, and where relevant and applicable, for example in the Datajoy options. Upon closure of the Data Participant’s account in accordance with these T&Cs, Datajoy will keep the remaining data available to the Data Participant for a period of 90 (ninety) days. After this period, Datajoy will be allowed to automatically delete the data from Datajoy's production environment. Datajoy's commitments pursuant to this section are subject to any data retention obligations to which Datajoy may be subject under applicable law and to Individual’s rights under applicable law. In addition, the Data Participant will not be allowed to retrieve data that is illegal or that breaches the T&Cs.

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• Data Participants will offer their full cooperation to Datajoy. Without limitation to the generality of the foregoing, Data Holders will do their utmost best to provide data requested by Datajoy in its capacity as data intermediation service. Data Holders will not willfully withhold data from Datajoy or hinder its ability to obtain data. Data Holders will carefully review Datajoy’s FAQ datajoy.eu/FAQ-for-data-controllers for the most frequent questions that arise in relation to transmitting data to Datajoy pursuant to Datajoy’s mandate to act on behalf of Individuals. Data Holders are referred to as data controllers in such FAQ
• Data Users will clearly, concisely and proactively communicate about the intended use of the data collected thanks to Datajoy. They will communicate on any associated conditions to both the individuals and Datajoy and will update Datajoy of any significant change with a 2 month notice.

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1. • Datajoy reserves the right to modify these T&Cs. The date of the last version of these T&Cs can be found at the top of the T&Cs. The version of the T&Cs that is published on the Website prevails. In the event of a material change, other than for legal or cybersecurity compliance reasons, Datajoy will endeavor to inform the Data Participant in advance with reasonable notice, giving the Data Participant the opportunity to object to the changes. The Data Participant’s objection will have the effect of a notice of termination under the T&Cs and the Data Participant will cease using Datajoy as soon as possible. In the absence of an objection, the changes will be deemed to have been accepted. Any other changes will be effective immediately upon publication on the Website.
   • The Data Participant acknowledges and accepts that Datajoy may communicate with the Data Participant by email, or another electronic means available to the Data Participant, for any question relating to Datajoy. The Data Participant agrees to keep its email address up to date and to inform Datajoy in the event of any changes. The Data Participant acknowledges that Datajoy may consider the email provided in Special Terms to be Data Participant’s primary email address for the purposes of this section. In relation to Data Holders, Datajoy may rely on publicly available emails, such as those pertaining to the Data Holder’s privacy function.
   • Non-compete. The Data Participant represents and warrants that the Data Participant is not a competitor of Datajoy and will not use Datajoy and its Related Content to engage in or permit others to engage in any competitive activities with Datajoy.
   • Data use: the data collected with respect to any activity of a natural or legal person for the purpose of the provision of the Datajoy’s service, including the date, time and geolocation data, duration of activity and connections to other natural or legal persons established by the person who uses Datajoy’s service, shall be used only for the development of that data intermediation service, which may entail the use of data for the detection of fraud or cybersecurity, and shall be made available to the data holders upon request.
   • Format conversion. Datajoy shall facilitate the exchange of the data in the format in which it receives it from a data subject or a data holder, shall convert the data into specific formats only to enhance interoperability within and across sectors or if requested by the data user or where mandated by Union law or to ensure harmonisation with international or European data standards (CSDR…) and shall offer an opt-out possibility regarding those conversions to data subjects or data holders, unless the conversion is mandated by Union law.
   • Additional tools and services. Datajoy’s services may include offering additional specific tools and services to data holders or data subjects for the specific purpose of facilitating the exchange of data, such as temporary storage, curation, conversion, anonymisation and pseudonymisation, such tools being used only at the explicit request or approval of the data holder or data subject and third-party tools offered in that context not being used for other purposes.
   • Access Fairness. Datajoy’s services provider shall ensure that the procedure for access to its service is fair, transparent and non-discriminatory for both Individuals and data holders, as well as for data users, including with regard to prices and terms of service.
   • Interoperability. Datajoy shall take appropriate measures to ensure interoperability with other data intermediation services, inter alia, by means of commonly used open standards in the sector in which the data intermediation services provider operates.
   • Individual’s interest. Datajoy when offering services to individuals shall act in the individuals’ best interest where it facilitates the exercise of their rights, in particular by informing and, where appropriate, advising individuals in a concise, transparent, intelligible and easily accessible manner about intended data uses by data users and standard terms and conditions attached to such uses before data subjects give consent.
   • Consent and permissions. Data Users will communicate clearly to Datajoy and to Individuals the third-country jurisdiction in which the data use is intended to take place and provide Individuals with tools to both give and withdraw consent and data holders with tools to both give and withdraw permissions to process data.
   • Activity log. Datajoy shall maintain a log record of the data intermediation activity.
   • Functional equivalence. The Data Participant accepts that any expression of will through the functionalities offered within Datajoy and its Related Content, in particular the acceptance of the T&C and Specific Terms constitutes an electronic signature. In addition, the Data Participant accepts that any email or other electronic communication or deed may validly bind it on a contractual, civil and criminal level. These signatures, emails, communications and deeds reflect the Data Participant’s agreements and intentions. They can validly be used as written evidence including in court where needed.
   • Precedence. In the event of any contradiction between the T&Cs and the Specific Terms, the latter will prevail. In the event of any contradiction between the T&Cs and the Terms of Use of the Website, the T&Cs will prevail.
   • Severability. If individual clauses or parts of clauses of the T&Cs, or any agreement derived from or referred to therein, are or become totally or partially invalid, the validity of the remaining clauses or parts of clauses will not be affected.
   • Entire Agreement. The T&Cs and the agreements to which they refer constitute the entire agreement between the parties and supersede all prior communications, negotiations, arrangements, whether oral or written, between the parties regarding Datajoy and its Related Content. Datajoy is not bound by any contractual documents of the Data Participant, unless Datajoy has explicitly accepted and signed them, it being understood that the T&Cs will prevail in the event of any inconsistency.
   • Waiver. The fact that either party chooses not to enforce or exercise one or more provisions of a contract between them will not be construed as a waiver of that party's right to enforce or exercise those provisions at a later date.
   • Assignment. The Data Participant agrees that Datajoy may assign all or part of its rights and obligations under the T&Cs, such as in the event of a takeover, merger or demerger.
   • Force Majeure. Neither party will be liable for any delay or failure due to acts of God, war, strike, labor dispute, fire, flood, storm or any other cause beyond its control, including any failure due to Internet unavailability, security or any other measure that interferes with access to Datajoy.
   • Survival. Termination does not affect the articles of the T&Cs that are deemed to continue to exist after termination, including Section [2] (Confidentiality), [5] (Intellectual Property), [7] (Payment), [10] (Liability), [14] (Return of Data), [15] Cooperation, [16] (Miscellaneous) and [17] Law and Jurisdiction.
2. Law and Jurisdiction

Belgian law is applicable to the T&Cs. In the event of disputes, the courts of Brussels have jurisdiction. However, Datajoy may also bring the case before the court of the Data Participant’s domicile or registered office.

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Belgian law is applicable to the T&Cs. In the event of disputes, the courts of Brussels have jurisdiction. However, Datajoy may also bring the case before the court of the Data Participant’s domicile or registered office.

Datajoy and its Related Content are managed by Datajoy BV, 7 Sainte Gertrude Street, 1040 Etterbeek, Belgium, registered with the Belgian Crossroads Bank for Enterprises under number 1022.271.122 Datajoy operates independently and is not part of a corporate group.

For any questions, complaints, suggestions or other notifications of a general nature, the Data Participant may contact Datajoy via support@datajoy.eu. Email exchanges will not necessarily be secure. The Data Participant will refrain from including sensitive information, such as credit card information.

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• "Data Holder" means a person authorized or required in accordance with applicable law to provide data to Datajoy, including where Datajoy acts upon request of an Individual. For the avoidance of doubt, “Data Holder” includes the meaning attributed to data holder under the EU Data Governance Act (2022/868) and the Data Act (2023/2854).
• "Data User" means a person authorized or required in accordance with applicable law to use data provided to it by, or in connection with, Datajoy. For the avoidance of doubt, “Data User” includes the meaning attributed to data user under the EU Data Governance Act (2022/868) and the Data Act (2023/2854).
• "Datajoy" refers to the data intermediation service provided by Datajoy BV, and/or to Datajoy BV depending on the context.
• "Individual" means a natural person on whose behalf Datajoy acts in relation to that person’s personal data and privacy rights.
• "Related Content" means related products and services controlled by Datajoy and in connection with Datajoy, such as commercial presentations and materials, including the Website.
• "Specific Terms" means any contract or other document referring to the T&Cs and establishing between the parties additional terms and conditions relating to Datajoy, including any subscription or data sharing agreement, license or letter of intent.
• "Website" means any website owned or validly bearing the Datajoy trademark, including datajoy.eu.

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