Terms and conditions

TERMS AND CONDITIONS OF BIDRENTO

The Terms of Use regulate the use of Bidrent OÜ, registry code 14446981, address Jõe 2a, Tallinn, 10151 (“Bidrento”) on the management software platform www.pro.bidrento.com and the mobile app related to it (“Bidrento”, “Service”).

By registering as a user of the Service (“User”), you agree to these terms. If you do not agree to the terms, you are not entitled to use the Service.

1. Service

Bidrento offers reliable software for rental property management and administration. Bidrento is an information society service provider and is not considered a broker or agent of the tenant or landlord.

2. Users

The Bidrento platform is offered with functionality that is technically possible on the platform at the time of use i.e. on an as-is-basis. The service is used by tenants and landlords (including rental property managers) and maintenance service providers (for example such as cleaning, plumbing, electrical work, etc.). 

Landlords can perform tasks such as viewing tenant profiles and making inquiries about tenant payments defaults. If the tenant does not have a personal identification code of the country in which the inquiries about tenant payments defaults are performed, then the payment default request cannot be made. Through the Bidrento platform, tenants can view information on lease agreements, provide monthly meter readings data and view rental invoices. To do this, it is necessary to fill in the tenant’s profile form with personal data (see also the section on Protection of Personal Data) or an invitation to use the Bidrento platform is sent by the landlord.

The user can use the mobile application related to the Bidrento platform only after registering as a user on the platform. It is not possible to register a user account in a mobile app.

3. Protection of personal data

Personal data and their processing are defined in the General Data Protection Regulation (GDPR (EU) 2016/679), and the requirements set out therein apply.

Personal data is all data collected and created within the Service, directly or indirectly related to a specific natural person. Such information includes, but is not limited to: person’s name, personal identification code, contact information, income, information related to the rental space, history of the tenancy relationship, payment failures, communication with the tenant, etc.). The scope of the data to be collected depends on the decision of the User, who determines what data he / she wishes to collect about the tenant / potential tenant. Possible data fields are visible on the platform. Bidrento provides a platform for data processing and data management but does not specify the composition of the data. The personal data processed by Bidrento is described in the Bidrento Privacy Policy.

The User is the chief processor of the personal data processed in the Service, and Bidrento is an authorised processor.

The User undertakes to:

– keep the personal data received through the Service confidential and not copy or otherwise reproduce them.

– ensure that it has a legal basis and rights for processing personal data entered on the Bidrento platform.

– ensure that individuals are informed and transparent about the details and technical means of processing their personal data, and the use of sub-processors and authorised processor, in accordance with data protection regulations.

Bidrento undertakes to:

– process personal data only for the purposes, composition and volume necessary for the provision of the Service, service support and service development and to avoid processing personal data for other purposes not related to the above.

– implement appropriate organisational and technical security measures to prevent unauthorised access, damage, erasure or other unauthorised processing of personal data.

– ensure the confidentiality of personal data processed in the Service. Bidrento keeps personal data confidential and ensures that all persons authorized to process personal data (including Bidrento employees and representatives) are informed of the confidential nature of the data and have undertaken a confidentiality obligation or are subject to an appropriate legal obligation of confidentiality. The respective obligation of confidentiality remains valid even after the User terminates the use of the Bidrento platform or the employment / contractual relationship between Bidrento and the person ends.

– ensure that personal data protection and information security measures equivalent to those set forth in this Agreement are applied to its sub-processors through contractual agreements as such sub-processors are used to provide the Service.

– obtain the prior written consent of the User for the involvement of sub-processors. The user does not exclude the involvement of a sub-processor without good reason. No separate written consent is required for those sub-processors who are involved in the data processing at the time of the User’s acceptance of these Terms of Use. The list of involved sub-processors will be provided to the User if he / she submits a corresponding request to Bidrento.

– not to transfer personal data outside the territory of the EU without a sufficient legal basis (such as standard data protection contract terms or SCC).

– inform the User if they receive a request from a person regarding their personal data. Bidrento does not respond to a person’s request without the User’s prior written consent. Considering the nature of the processing, Bidrento assists the User as far as possible with appropriate technical and organisational measures to fulfil the User’s obligation to respond to the person.

– notify the User if they receive a request from a supervisory or government agency (eg the Data Protection Inspectorate) or another third party regarding personal data processed on the platform. Bidrento does not disclose personal data or other information about the processing of personal data without the prior written consent of the User, unless Bidrento is obliged to disclose such data in accordance with mandatory European Union or local legislation. In the latter case, Bidrento shall immediately notify the User of the application to the extent permitted by law.

– notify the User without undue delay by email after becoming aware of the personal data breach and reasonably cooperate with the User due to the personal data breach (including when preparing a notification to the supervisory authority). In the event of a personal data breach, Bidrento will respond as soon as possible in order to prevent further damage and mitigate the effects of the case. In the notice, Bidrento shall provide the User with all information necessary for the User to comply with its notification obligation in accordance with the applicable data protection legislation (Article 33 of the GDPR) and to eliminate and mitigate the effects of the personal data breach.

Data shall be processed anonymously for research, product development or statistical purposes. Data analysis is completely anonymous (data cannot be linked to any specific natural person) and such processing is not subject to personal data protection (including GDPR) provisions.

Liability for personal data

Contractual liability is governed by the provisions of the “Liability” clause, which are not separately regulated in the “Personal Data Protection” clause.

Bidrento shall only be liable for damages caused in the processing of personal data if it has not complied with the requirements of this agreement, which are specifically addressed to Bidrento, or if it has acted in violation of the law.

Bidrento shall not be liable for breach of contract if it proves that it is in no way liable for the event giving rise to the damage.

If the User or Bidrento has fully compensated the damage caused to the person, the respective party who has been fully compensated the damage has the right to recover from the non-compensated party the part of the compensation corresponding to the amount of the damage for which the non-compensated party is liable.

Return and deletion of personal data

Upon termination of the Service or reasonable request of the User, Bidrento and its sub-processors will return or delete all personal data related to the Service. The User decides on whether to return or delete data.

Bidrento does not undertake to comply with the requirement to return or delete personal data if it is prohibited by law. In such a case, Bidrento undertakes to maintain the confidentiality of the User’s data and to return or delete them after fulfilling the obligation arising from law.

4. Entering into a lease agreement

When finding a suitable tenant, the landlord will contact them and, if desired, enter into a lease agreement.

Bidrento is not a party to the lease and is not responsible for the actions or omissions of the tenant or the landlord. Bidrento does not guarantee that the landlord will find a suitable tenant on the platform. Nor does Bidrento promise that the tenant will be able to find a suitable rental object.

5. User account

The User is responsible for using the user account. The User undertakes to immediately notify Bidrento of any misuse or suspicion of misuse of the User Account, loss of passwords or possession by third parties.

The User is prohibited from transferring files containing viruses or malicious software code through the Service.

The User may not submit false information on the Service. Bidrento does not check the accuracy of the data provided by the User and is not responsible for incorrect data. Bidrento may suspend the right to use the Service if the User violates the Terms.

The User can use the Bidrento platform during the term of the Agreement.

The parties regard the functionality of the Bidrento platform as know-how and a trade secret subject to a usage restriction. The parties agree that the User does not develop or order from third-party software solutions that are identical or similar to the Bidrento platform. In case of violation of the set conditions, the User must compensate Bidrento for the damage caused.

6. Cost and payment of the service

The fee for using the service is published in the price list posted on Bidrento’s website. The Parties may agree on the fee for the Service in a separate written form by agreement or in another manner that allows for written retransmission (for example, by email). Bidrento may change the price list by notifying the Customer thereof 60 calendar days in advance.

The User pays a fee for the services provided on the basis of the service once a calendar month. The term for payment of the invoice is seven calendar days from its submission. Bidrento has the right to demand from the Customer a late payment interest of 0.1% of the unpaid amount per day for late payment of the invoice.

Recurring and periodic prepay invoices will be issued to the User (“Billing Cycle”). Billing cycles are determined either monthly or annually, depending on the package selected by the User. The fee paid for the service will not be refunded, including if the User cancels the agreement before the end of the Billing Cycle.

7. References

The User agrees that Bidrento may publish information about the User (including the use of the User’s trademark) in marketing materials and on the website to introduce Bidrento customers and use cases of the Bidrento platform. Tenant data is not used as references.

8. Intellectual property

Bidrento owns the exclusive intellectual property rights to the texts, graphics, trademarks, know-how, databases, software, etc., of the Bidrento platform. Bidrento does not grant the User the rights to use intellectual property rights, except to the extent necessary for the use of the Services.

The User grants Bidrento the right to use, under a simple license, photographs, diagrams, drawings, text, etc., which the Users add to the platform. Bidrento uses the Works to provide the Service. The license is valid as long as the works are stored on the Bidrento platform.

9. Technical conditions

Bidrento aims to provide the User with the best quality and security of the Service, but Bidrento cannot guarantee that the Bidrento platform will be uninterrupted, timely or error-free at all times. The Service is provided with a quality that is technically made available to the User at the time of using the Bidrento platform (“as is”).

Bidrento shall not be liable for technical obstacles and damages arising from the use of the Service, including if it is caused due to the actions or omissions of the web hosting, internet service provider or other service providers (incl. third-party software services).

10. Liability

Bidrento is not responsible for:

• the accuracy of the information provided by the landlord and the tenant;
• the accuracy of the data contained in third-party payment default reports and public databases;
• errors in third party software services integrated with the Bidrento platform;
• the tenant’s solvency and payment discipline;
• performance of the lease agreement;
• for damage arising in the course of performance of the lease agreement;
• for damage to the landlord or tenant during the use of the platform;
• temporary technical errors, deficiencies and interruptions on the platform. The respective circumstances shall not be considered as a breach of contract.

Bidrento shall not be liable for any damages incurred by the User due to the use, impossibility of use, interruption, change, destruction or deletion of data if such event occurred for reasons beyond Bidrento’s control, including if the functionality of the Bidrento platform cannot be used due to third party software service errors. Bidrento shall not be liable for any indirect damage to the User, including lost income. The maximum liability of Bidrento for total damages is EUR 200.

The user is aware that Bidrento is not liable for breach of contract between the landlord and the tenant or for damage caused to the landlord by the tenant. Bidrento is not liable for damage to or loss of the landlord’s property.

The user is aware that third-party software services are integrated with the Bidrento platform and that Bidrento cannot influence the quality of such software services. Bidrento is not responsible for correcting any deficiencies in the third party software service.

11. Other provisions

Bidrento may suspend the User’s right to use the Service if the User violates these terms. If Bidrento restricts the right to use the Service, Bidrento is not obliged to compensate the User for any damage or expenses that may arise from it.

Bidrento may change the terms of use at any time by notifying the User 30 days in advance. If the User disagrees with the new terms of use, he must delete the user account. If the User does not delete the account, it is considered that he has agreed to the new terms.

Bidrento may regularly terminate the Agreement at any time by giving 90 calendar days’ notice to the other Party.

The law of the Republic of Estonia applies to the terms of use. Disputes are resolved through negotiations, and if this fails, the dispute is resolved in Harju County Court.

Updated in August 2021