TenderNed Terms of Use

These Terms of Use apply to the use of the electronic procurement system. Contracting authorities are legally obliged to use TenderNed for publishing tender notices and may use TenderNed to carry out their procurement process electronically. TenderNed is regarded as the processor under the GDPR for these data. In addition, the GDPR stipulates that TenderNed should also be regarded as the processor with respect to the personal data in the documents uploaded by users in the system. That is why these Terms of Use also include conditions related to this specific type of processing.

Since there is a legal obligation to use TenderNed, it is sufficient to accept these Terms of Use.

NOU (management organisation for TenderNed), reserves the right to modify the Terms of Use. Users will receive a notification when the Terms of Use are modified, so that they can explicitly accept the modified Terms of Use.

Contents of this page

1. Definitions
2. Intended purpose of TenderNed
3. Acceptance and application of the Terms of Use
4. User account and authorizations
5. Compliance with the Public Procurement Act 2012
6. Publication of notices
7. Data exchange
8. External links
9. Information security
10. Privacy statement and protection of personal data
11. Malfunctions
12. Closing and opening of the vault
13. Archive management
14. Liability
15. Cookie statement
16. Intellectual property rights
17. Choice of law and choice of forum
18. Questions or complaints

Introduction
Please read these Terms of Use and the help function of the application carefully before using (the website of) TenderNed.
Before using the electronic system for tendering you need to register. NOU (management organisation of TenderNed) reserves the right to revise the terms of use and help function. Users will receive a notification if the terms of use have been revised, in order to explicitly accept the new terms. Consult the help function on a regular basis to stay informed of changes in the electronic system.

1. Definitions

• Contracting Authority: Any entity obliged to procure in accordance withthe Dutch Public Procurement Act 2012 (Aanbestedingswet 2012)
• Data: All data and content, of any nature whatsoever, as supplied, created and/or obtained by a Contracting Authority or a company
• User: Anyone who has registered in the online procurement system
• Company: An entrepreneur, as referred to in Section 1.1 of the Public Procurement Act 2012
• Organisation: The organisation (Company or Contracting Authority) registered and activated as such in TenderNed
• Personal data in TenderNed: Personal data entered by a User in the application, including the username, salutation, full name, email address and, if the User is connected to an Organisation, the address of the Organisation, business email address and business mobile number TenderNed Terms of Use May 2018
• Personal data in documents in TenderNed: Personal data contained in documents uploaded in TenderNed
• NOU: National Assigment and Implementation Management is the management organisation of TenderNed. NOU is part of the Netherlands Enterprise Agency.
• Processor: TenderNed, based on its statutory task
• Controller: The Dutch Minister of Economic Affairs and Climate Policy is the controller with respect to the personal data stored in TenderNed. The relevant User is the controller with respect to the personal data contained in the documents in TenderNed.

2. Intended purpose of TenderNed

TenderNed consists of a public website www.TenderNed.nl and an electronic procurement system. Both are managed by NOU. These Terms of Use apply to the use of the electronic procurement system. You are advised to read the Terms of Use carefully before using this system.

Public website

Via the www.tenderned.nl website,everyone can freely access the publication of tender notices and contract award notices, information about the electronic and general procurement process as well as specific information about how to use TenderNed.

The public data of tender notices are also available as a dataset. The dataset is updated every 6 months. TenderNed supports TenderTrends. TenderTrends is a model based on search terms and filters that finds relevant tenders and shows public data of these tenders.

Electronic procurement system

The electronic procurement system is suitable for publishing notices and for conducting the entire procurement process electronically. Only Contracting Authorities are entitled to issue calls for tenders via TenderNed. Subsequently, Companies that wish to participate in a tender may submit their company details, supporting documents and bids via the electronic procurement system. Users must register in order to use the electronic procurement system.

3. Acceptance and application of the Terms of Use

At the time of his or her registration in TenderNed’s electronic procurement system, the User is requested to accept the Terms of Use.

4. User account and authorizations

A User may publish notices or submit a request to participate in a tender procedure or a bid if he or she has a user account linked to an activated Organisation.

A User who is not linked to an activated Organisation may create an interest profile. The User may opt to be notified by email of new tender notices that meet this interest profile and of changes in tender notices that he or she wants to stay informed of.

A Company is activated as soon as it is registered via eHerkenning, a standardised login system. A User can link himself or herself to an active Company via eHerkenning. Because a Foreign company can’t register with eHerkenning, we have an alternative registration process in which we use an activation code.(i)

A Contracting Authority is activated as soon as it uses the activation code sent to it after registration in TenderNed’selectronic procurement system.

It is the User’s responsibility to ensure that the electronic procurement system is used exclusively by persons who are authorised or mandated to carry out one or more tasks. TenderNed does not verify whether registered Usershave actually been validly authorised or mandated and whether they are entitled to user rights.

In case of improper use of a user account, TenderNed reserves the right to block the relevant user account.

In case of inactivity TenderNed reserves the right to deactivate a user account.

TenderNed advises Users to store their user data carefully after registration and to change their password regularly.

(i) We have added text in bold which is specifically meant for foreign companies. This text is not listed in the Dutch version of the terms of use

5. Compliance with the Public Procurement Act 2012

Users are responsible for the correct application of the Public Procurement Act 2012.

6. Publication of notices

TenderNed automatically ensures that the notices are also published, as required by law, in the online Official Journal of the European Union, Tenders Electronics Daily (TED). A Contracting Authority is not allowed to rectify the notice until it has been published on TED. In case of the voluntary publication of national or other contracts, the Contracting Authority may indicate manually in the electronic procurement system that it wishes to publish the notice on TED.

7. Data exchange

Users are responsible for ensuring that the data published and exchanged via TenderNed are correct, complete and up-to-date. TenderNed does not verify whether the data provided by Users are correct, complete and up-to-date. TenderNed is not a party to the calls for tenderspublished on TenderNed, has no access tothe content of the documents uploaded by a User in the system,nor isit a party to any agreement resulting from published calls.

8. External links

TenderNed contains links to websites of organisations that operate entirely independently of TenderNed. TenderNed is not responsible for the functioning of these websites or for the information contained therein.

9. Information security

TenderNed makes every effort to guarantee the quality of information security. However, TenderNed cannot completely rule out the possibility of third parties intercepting the data and accessing the content. TenderNed meets the ISO 27001 standard with respect to information security.

TenderNed takes all reasonable measures to protect the files on the servers from viruses, but cannot guarantee that the website and electronic system will be virus-free at all times. TenderNed  assumes that the User will also take the necessary security measures.

10. Privacy statement and protection of personal data

TenderNed collects and uses personal or other data (both relating to Users and Organisations) only for the intended purposes described under point 2 of these Terms of Use and for optimising the services provided . Personal data are necessary for assisting with the relevant statutory tasks, such as the publication of notices and the electronic procurement process via TenderNed, as well as for answering questions. No data will be forwarded, no access will be granted to the data and no data will be provided for inspection to third parties, except insofar as this is mandatory based on legal provisions as,for instance, specified in the Dutch Government Information (Public Access) Act (Wet openbaarheid van bestuur) or in a court order.

TenderNed will not use the data for commercial purposes, nor will it provide the data to third parties for that reason.

TenderNed stores the personal data of registered Users only for as long and insofar as this is necessary for the use, statutory tasks and functioning of TenderNed.

User rights

On his or her request, each User is granted the right to inspect the personal data processed by TenderNed. Users may correct and supplement their own personal data.

A request for deletion may be submitted to servicedesk@TenderNed.nl.A request for deletion will only be considered if it is technically possible; if it is not in conflict with the tasks of TenderNed such as promoting compliance with the Public Procurement Act; and if the relevant User has never actively participated in a call for tender. ‘Active participation’ includes the sending of messages via TenderNed to a Contracting Authority.

The Minister of Economic Affairs and Climate Policy is the Controller with respect to the processing of personal data in TenderNed, with theexception of the data contained in documents uploaded by a User in TenderNed. With respect to the registration of Users in the electronic procurement system, TenderNed is registered in the Notifications Register (Meldingenregister) of the Ministry of Economic Affairs and Climate Policy under number M-1631. In case of a security breach resulting in a breach of the personal data recorded in TenderNed, TenderNed will immediately report this to the Dutch Data Protection Authority (DPA) and to the User(s) whose personal data have been breached. This is in accordance with the Dutch Data Breaches (Reporting Obligation) Act (Wet meldplicht datalekken). If a User, a Company or a Contracting Authority detects a data breach, these parties are also obliged to report this to the DPA and to TenderNed. TenderNed will also report the data breach to the Dutch National Cyber Security Centre.

TenderNed generates and publishes data based on its public task, using the information entered in the tenders in the electronic procurement system. As part of that TenderNed uses the Chamber of Commerce registration. If your trading name or any other name contains your personal name, please note that this name will be made public via the publications on TenderNed. If you wish to prevent this, you should modify your organisational data in TenderNed accordingly.

Limitation of TenderNed responsibility as Processor with respect to documents uploaded by Users in the system

TenderNed has no access to the documents stored in the system by Users. Users have the responsibility to ensure that the information, data and documents they provide in TenderNed meet the requirements of the General Data Protection Regulation. If TenderNed is notified of a data breach, it will immediately report this to the User(s) who have uploaded the relevant documents as well as to the DPA.

11. Malfunctions

The website and the electronic procurement system have been developed with the utmost care. However, TenderNed cannot guarantee the faultless and uninterrupted functioning of the system.A malfunction or system failure cannot be entirely ruled out. In case of a malfunction, TenderNed will inform the User immediately or as soon as possible of the temporary unavailability of TenderNed via the TenderNed Service Desk, TenderNed website and/or TenderNed, Twitter or by some other means.

If the electronic procurement system is unavailable shortly before the expiry of a deadline, whereby the Companies concerned are unable to submit their request to participate in a tender procedure or to submit a bid in time, the Contracting Authorities will receive a message regarding this malfunction. A Contracting Authority may, on its request, be allowed to extend the deadline for submission of the request to participate in a tender procedure or submission of a bid. If a Contracting Authority opts for an extension, both the Contracting Authority and the Companies concerned will automatically receive a message regarding the extension.

TenderNed kindly requests Users to report any malfunctions to the TenderNed Service Desk (servicedesk@TenderNed.nl). It is the Contracting Authority’s responsibility to inform the Companies concerned in a timely and adequate manner about the possible consequences of malfunctions for the procurement process, whether electronic or otherwise.

Companies are not expected to wait until the last moment to submit their bids. If they take this risk, they will have to bear the consequences of not meeting the official requirements of submission of their request to participate or submission of a bid.

Companies are responsible for their own internet and telephone connections.

12. Closing and opening of the vault

The electronic procurement system stores all documents and data sent by a User in an encrypted virtual vault. Contracting Authorities may only view a request to participate in a tender procedure or a submitted bid after the expiry of the deadline for the participation request or bid submission. Untill this virtual vault is closed, Companies may change their participation request or the submitted bid by cancelling the original participation request or bid and creating a new participation request or bid.

More information: What to do when there is a technical failure? (in Dutch)

13. Archive management

A User always has access to his or her own data entered in the electronic procurement system. Once a procurement procedure is complete, TenderNed reserves the right to remove the data at any time from TenderNed’s servers. As and when this occurs, TenderNed will notify the User and give him or her the opportunity to archive the data. The archiving obligation of Contracting Authorities arising from the Dutch Public Records Act 1995 (Archiefwet 1995) rests, at all times, with the Contracting Authorities.

14. Liability

With respect to registered Users:

TenderNed does not verify the identity of a User or whether a User is mandated or authorised to act on behalf of an Organisation. Contracting Authorities and Companies must monitor this directly. TenderNed is not liable for direct or indirect loss or damage resulting from the improper use of user rights. The responsibility to verify electronic or hand-written signatures for validity lies with the Users at all times.

With respect to content:

It is the responsibility of Usersto ensurethat data they enteredin TenderNed is correct, complete and up-to-date. TenderNed shall not verify whether such data iscorrect, complete and up-to-date and is not liable for any direct or indirect loss or damage occurring as a result of incorrect, incomplete or outdated data.

With respect to information security:

TenderNed makes every effort to prevent third parties from intercepting and accessing the data. However, TenderNed cannot completely rule out the possibility of third parties intercepting the data and accessing the content. TenderNed is not liable for any direct or indirect loss or damage resulting from a possible data breach.

With respect to viruses on TenderNed’s servers:

TenderNed takes all reasonable measures to protect the files on the servers from viruses, but cannot guarantee that the website will be virus-free at all times. The use of TenderNed may not, under no circumstances, lead to liability for direct or indirect loss or damage to Users on account of the viruses.

With respect to malfunctions:

The public website and the electronic procurement system have been developed with the utmost care possible. However, TenderNed cannot guarantee the faultless and uninterrupted functioning of the website and the electronic procurement system. A malfunction or system failure cannot be entirely ruled out. TenderNed expressly excludes any liability for direct or indirect loss or damage as a result of a temporary unavailability of the TenderNed website and/or the electronic procurement system.

With respect to archive management:

The obligations of Contracting Authorities arising from the Public Records Act 1995 (Archiefwet 1995) rest, at all times, with the Contracting Authorities. TenderNed is not liable for any direct or indirect loss or damage resulting from the failure of the Contracting Authorities to comply with these obligations.

With respect to privacy:

TenderNed is not liable for loss or damage resulting from a data breach detected in documents of an Organisation which have been uploaded in TenderNed.

15. Cookie statement

For the TenderNed website, cookies are used in compliance with the legal framework to allow Users to log into the electronic procurement system. A cookie (or technical equivalent) is a small text file that is placed on your computer by a website and in which your personal settings can be saved. Disabling cookies, e.g. via the browser settings, has a negative effect on the functioning of the TenderNed website and is done at the User’s risk. TenderNed is not liable for any direct or indirect loss or damage resulting from the use of cookies. TenderNed is not responsible for and does not accept any liability for third-party cookies. TenderNed shall inform you of the possibility of deleting cookies from your hard disk. In addition, you may disable cookies via your browser. Pleaserefer to your internet browser manual for more information about this.

More information about cookies and how to disable cookies can also be found on the National Cyber Security Centre’s website: veiliginternetten.nl.

16. Intellectual property rights

All intellectual property rights or other rights relating to TenderNed, including the rights to texts, images, design, data files, photographs and other stilland/or moving images, audio files, formats, software, brands (including the TenderNed brand name and TenderNed domain name) and other materials, are vested in the State of the Netherlands. The use of the logo or other rights is only permitted with the prior written consent of NOU, the management organisation of TenderNed.

17. Choice of law and choice of forum

These Terms of Use are governed by Dutch law. Any disputes that may arise shall only be submitted to the competent court in The Hague.

18. Questions or complaints

Questions and additional information

Do you have a question about TenderNed? If so, please read the information for Contracting Authorities and Companies on the website, consult the Help menu in the electronic procurement system (this menu appears on the top right-hand corner when you log in) or contact the TenderNed Service Desk.

TenderNed Service Desk

The TenderNed Service Desk is available on working days from 8.30 a.m. to 5.00 p.m. via the toll-free number +31 70 379 88 99 or via e-mail .

Complaints

Do you have a complaint about the functioning of the system or about our services? If so, please send this to us in writing. Your complaint is an important signal for us, based on which we can improve our services. To ensure that it is handled properly, itis important that you submit your complaint via this form, clearly stating this concerns a complaint. TenderNed strives to ensure that complaints are handled as quickly as possible and will inform you about the expected handling time.