Terms and Conditions & Privacy Policy

These Terms and Conditions and Privacy Policy apply to the use of the WandelWeb mobile application (iOS and Android) and the website wandelweb.nl, operated by WandelWeb.

Company details:
WandelWeb
Located in: Schoonoord, Nederland
Email: info@wandelweb.nl
KvK: 42082002

By downloading the app, creating an account or visiting the website, you declare that you have read, understood and accepted these terms. If you do not agree to these terms, you should not use our services.

• Service: The WandelWeb mobile application and website, including all features, content and services offered thereby.
• User: Any person using the Service, with or without an account.
• Account: A personal registration that gives a User access to extended features of the Service.
• Content: All information, text, images, maps, routes, photos, videos and other materials made available through the Service by WandelWeb.
• User Content: All content uploaded, posted or shared by Users through the Service, including photos, reviews, routes and other contributions.
• Premium Subscription: A paid subscription that provides access to extended features and an ad-free experience.

WandelWeb offers a platform for hikers with the following services:

• Information about hiking routes, including maps, distances, elevation and difficulty level
• User reviews and ratings of routes
• User-uploaded photos of routes and surroundings
• Information about useful locations such as rest points, benches, public transport stops, drinking water and toilets
• Ability to record your hikes and track progress
• Social features such as following other hikers and sharing activities

The app is available in a free version (with ads) and a paid Premium version (without ads and with extended features).

An account is required to use WandelWeb. By creating an account, you agree to the following terms:

Account creation:

• You must be at least 13 years old to create an account
• You must provide correct and complete information when registering
• You are responsible for keeping your account information up to date
• You are responsible for all activities that occur under your account(s)

Account security:

• You are responsible for keeping your password and login details confidential
• You must inform us immediately if you suspect unauthorized use of your account
• WandelWeb is not liable for damage resulting from unauthorized use of your account

Communications:

By creating an account, you consent to receiving communications from WandelWeb:

• You agree to receive notifications and newsletters from WandelWeb
• You can adjust these preferences at any time in the app settings under 'Notifications'
• For newsletters, you can also unsubscribe via the 'unsubscribe' link at the bottom of each newsletter

WandelWeb is accessible to users of all ages, with the following restrictions:

• Users under 13 years of age may not use the Service or create an account
• Users between 13 and 16 years of age need permission from a parent or guardian
• Parents or guardians are responsible for the use of the Service by minors under their supervision

Subscriptions via App Stores:

• Subscriptions purchased through Google Play or Apple App Store are subject to the terms of those platforms
• Billing and refunds are handled through the relevant app store
• Contact Google Play or Apple support for refund requests

Subscriptions via Website:

• Subscriptions through our webshop take effect immediately after payment
• Digital products are excluded from the right of withdrawal under EU law
• After completion of the purchase, refunds are not possible

Automatic Renewal:

Subscriptions are automatically renewed unless you cancel before the end of the current period. You can cancel your subscription through the app store or your account settings.

WandelWeb allows users to share content, including photos, reviews and hiking routes.

Guidelines for user content:

• Content must be relevant to hiking and the WandelWeb community
• You may not upload content for which you do not have copyright or usage rights
• Content may not contain offensive, discriminatory or illegal material
• No spam, advertising or commercial messages without permission
• No personal information of others without their consent
• No content that infringes on the privacy or intellectual property rights of third parties

License grant:

By uploading content, you grant WandelWeb a non-exclusive, worldwide, royalty-free license to use, reproduce, modify and distribute this content through the Service and for promotional purposes (including social media). You retain ownership of your content.

Moderation:

WandelWeb reserves the right to remove content that violates these guidelines without prior notice. Repeated violations may result in suspension or removal of your account.

Hiking routes:

The hiking routes made available through the Service are, save for routes explicitly designated by WandelWeb as 'official partner route', uploaded by Users (User Content). With respect to such User-submitted routes, WandelWeb acts solely as a hosting service within the meaning of Chapter II of the Digital Services Act (Regulation (EU) 2022/2065). WandelWeb performs no substantive review prior to publication of the track, the ownership status of the underlying terrain or the legal accessibility of the paths used, and accepts no liability for the content of routes uploaded by Users.

Notice and takedown of unlawful routes:

If you are a landowner, path manager, rightholder or otherwise an interested party and consider that a route uploaded by a User crosses private property, a prohibited path or a closed area, infringes an intellectual property right, or is otherwise unlawful in relation to you, you may submit a substantiated takedown request via our contact form. Pursuant to Article 16 of the Digital Services Act (Regulation (EU) 2022/2065), WandelWeb only obtains actual knowledge of an alleged unlawfulness once the notice is sufficiently precise and adequately substantiated; an insufficiently substantiated notice leaves WandelWeb's liability exemption as a hosting service (Article 6 DSA) unaffected. A request shall therefore include at least: (a) the exact URL of each route concerned on WandelWeb, (b) a sufficiently substantiated explanation of the reasons why you consider the route to be unlawful, (c) your name and contact details, and (d) a statement confirming your good-faith belief that the information provided in the notice is accurate and complete (Article 16(2) DSA). Upon receipt of a sufficiently substantiated request, we will review it without undue delay and remove the relevant route where justified.

Contact us via the contact form

Additional requirements for notices based on copyright or database rights:

If your notice is based on an alleged copyright or database right in a route, for example because you consider that an uploaded route is an unauthorised appropriation of a route published by or on behalf of you, the following requirements apply in addition to the above. A notice based on intellectual property shall include at least:

• The exact URL of each route concerned on WandelWeb. A notice may concern multiple routes, provided that the exact URL on WandelWeb is stated for each route. A notice without specific URLs (for example 'all of our routes') is not sufficiently precise within the meaning of Article 16(2)(b) DSA and cannot be assessed.
• An identification of the original you rely on, including the URL of the source publication and its date of publication, so that it can be verified that your publication predates the contested upload.
• A substantiation of your standing: who the author or rightholder is and, where you are not yourself the author or rightholder, a written authorisation or other substantiation demonstrating that you are entitled to act on behalf of the rightholder in respect of the specific route notified.
• A substantiation of why the material relied upon is protected, namely which free and creative choices give rise to copyright protection, or which substantial investment in the obtaining, verification or presentation of the data gives rise to database protection. The mere following of existing, way-marked or public paths does not in itself give rise to a copyright-protected work or a protected database.
• A substantiation of why the route constitutes an appropriation or copy and not an independently created recording of the same or a comparable track. The fact that two routes wholly or partly coincide because they follow the same existing path network does not in itself constitute an infringement.
• Your name and contact details, together with a statement confirming your good-faith belief that the information provided in the notice is accurate and complete (Article 16(2)(d) DSA).

Without the information referred to above, we are unable to assess the alleged unlawfulness or infringement. We will return an incomplete notice to the notifier for completion before we proceed to assess it.

How we handle notices:

We confirm receipt of your notice (Article 16(4) DSA), inform you without undue delay of our decision and of the available complaint and redress options (Article 16(5) DSA), and notify the User who uploaded the route of the notice and of any decision to remove it, stating the reasons and offering the possibility to respond (Article 17 DSA). In doing so, WandelWeb maintains a neutral position between the notifier and the uploader.

Removal takes place at the level of the individual uploaded route and not at the level of the geographical track. Other Users remain free to upload comparable or identical routes. For structural closure or correction of the underlying path network, we refer you to the OpenStreetMap community and to the relevant landowner or path manager.

Official partner routes:

Routes explicitly designated by WandelWeb as 'official partner route' are not submitted by end users, but by or on behalf of an external route owner or route manager, such as a hiking organisation, municipality or nature organisation. Responsibility for the track, way-marking, maintenance and legal accessibility of these routes lies with the relevant route owner or route manager. Any complaints, comments or notices regarding an official partner route, including closures, diversions or way-marking, must be submitted directly to the route owner or route manager and not to WandelWeb.

When using WandelWeb, we expect you to adhere to the following code of conduct:

• Respect other users and their contributions
• Do not use the Service for illegal activities
• Do not attempt to gain unauthorized access to systems or accounts
• Do not disrupt the operation of the Service through viruses, bots or other harmful means
• Do not use automated systems to collect data (scraping)
• Do not provide false information about your identity
• Do not circumvent measures that restrict access
• Do not encourage others to violate these rules

Violation of these rules may result in a warning, temporary suspension or permanent removal of your account, depending on the severity of the violation.

WandelWeb ownership:

All intellectual property rights relating to the Service, including software, design, texts, images, logos, trademarks and databases, belong to WandelWeb or its licensors.

Restrictions:

• Copying, modifying or distributing our content without written permission is prohibited
• Reverse engineering, decompiling or disassembling the software is not permitted
• Removing or modifying copyright notices is prohibited
• Commercial use of our content without a license is not permitted

Route data:

Route information and map data within the Service originates from various sources. Routes explicitly designated as 'official partner route' are provided by or on behalf of an external route owner or route manager, who holds the corresponding rights. All other routes constitute User Content uploaded by Users, the copyright in which lies with the relevant User. Although WandelWeb strives for accuracy, we do not guarantee that route information is complete, up to date or free of errors.

Personal data we collect:

• Account data: name, email address, profile photo (optional), password (encrypted)
• Usage data: which routes you view, save and complete
• Location data: GPS coordinates during navigation and route recording (with your permission)
• Device data: device type, operating system, app version, IP address
• Content you upload: photos, reviews, routes

Purpose of data processing:

• Providing and improving our Service
• Personalizing your experience (such as route recommendations)
• Communication about your account and our services
• Ensuring security and preventing fraud
• Complying with legal obligations

Legal basis:

We process your personal data based on: (a) performance of the contract with you, (b) your consent (for location data and marketing), (c) our legitimate interests (improving service, security), or (d) legal obligations.

Retention period:

We retain your data for as long as necessary for the purposes for which it was collected. Account data is retained as long as you have an active account. After deletion of your account, your data will be deleted within 30 days, unless statutory retention periods apply.

For certain features, WandelWeb collects location data from your device. This only happens with your explicit permission through the permissions on your device.

How we use location data:

• Navigation during hikes and displaying your position on the map
• Recording your hiking route and statistics
• Showing routes and points of interest near you
• Live location sharing with contacts you select

Your control:

You can revoke location permissions at any time through your device settings. Some features will then no longer be available. Anonymized location data may be used for statistical analysis and route improvement.

The WandelWeb website and app use cookies and similar technologies to improve functionality and gain insight into usage.

Types of cookies:

• Essential cookies: Necessary for the operation of the Service, such as logging in and remembering your preferences
• Analytical cookies: Help us understand how the Service is used so we can improve it
• Marketing cookies: Used for personalized advertisements (free version only)

You can manage your cookie preferences through the cookie settings on our website or your browser settings.

Under the General Data Protection Regulation (GDPR), you have the following rights:

• Right of access: You can request a copy of the personal data we process about you
• Right to rectification: You can ask us to correct inaccurate data
• Right to erasure: You can ask us to delete your data ('right to be forgotten')
• Right to restriction: You can ask us to restrict the processing of your data
• Right to data portability: You can receive your data in a common format for transfer
• Right to object: You can object to processing based on legitimate interest

To exercise your rights, you can contact us at info@wandelweb.nl. We will respond to your request within 30 days. You also have the right to file a complaint with the Dutch Data Protection Authority.

WandelWeb uses third-party services for the operation of the app:

• Google Analytics and Firebase for analytics and crash reporting
• Google Maps and OpenStreetMap for map data
• Google AdMob for advertisements (free version)
• Payment providers for processing transactions

These services have their own privacy policies. We recommend you consult these. WandelWeb is not responsible for the privacy practices of third parties.

We take appropriate technical and organizational measures to protect your personal data:

• Encryption of sensitive data and communications (SSL/TLS)
• Secure storage of passwords (hashing)
• Regular security audits and updates
• Access control and monitoring

Despite our efforts, no method of electronic storage or transmission can be guaranteed 100% secure. In case of a data breach that threatens your rights and freedoms, we will inform you and the relevant authorities in accordance with legal requirements.

Limitation of liability:

WandelWeb provides the Service 'as is'. We do not guarantee that the Service will be uninterrupted, error-free or completely secure.

Route information disclaimer:

Route information in WandelWeb is intended as a tool and does not replace personal assessment of safety. Routes may change due to weather conditions, construction work, seasonal closures or other factors. Always check on site whether a route is passable and safe.

Routes uploaded by Users (User Content) are hosted by WandelWeb without any prior substantive review. WandelWeb accepts no liability for the track of such routes, for the ownership status of the underlying terrain, for trespass on private property or for the use of paths subject to any statutory or contractual access restriction. Complaints regarding a route uploaded by a User are subject to the notice and takedown procedure set out in section 7. Complaints regarding an official partner route must be addressed directly to the relevant route owner or route manager.

What we are not liable for:

• Damage from incorrect, incomplete or outdated route information
• Physical injury or property damage during hiking
• Loss or theft of belongings
• Damage from malfunctions, interruptions or errors in the Service
• Damage from actions of third parties, including other users
• Indirect damage, consequential damage or lost profits

Maximum liability:

If WandelWeb is held liable, this liability is limited to the amount you paid to WandelWeb in the 12 months prior to the damage-causing event, with a maximum of €100.

You indemnify WandelWeb, its directors, employees and partners against all claims, losses, damages, costs and expenses (including reasonable attorney fees) arising from: (a) your use of the Service, (b) your violation of these terms, (c) your violation of third party rights, or (d) User Content you upload.

We strive for maximum availability of the Service, but do not guarantee uninterrupted access:

• Scheduled maintenance may result in temporary unavailability
• We reserve the right to modify or discontinue features
• In case of termination of the Service, we will inform you with reasonable notice

By you:

You can delete your account at any time through the app settings or by contacting us. After deletion, you will lose access to all account features and stored data.

By WandelWeb:

WandelWeb may suspend or terminate your account if you violate these terms, misuse the Service, or at the request of authorities. In case of serious violations, termination may occur without prior warning.

Effect of termination:

• Your license to use the Service ends immediately
• Any outstanding payment obligations remain in effect
• Provisions that by their nature should survive termination (such as liability, indemnification, intellectual property) remain applicable

WandelWeb reserves the right to change these Terms and Conditions and Privacy Policy:

• Important changes will be announced at least 30 days in advance via the app and/or email
• By continuing to use the Service after the change date, you accept the modified terms
• If you do not agree with changes, you can delete your account

These Terms and Conditions and all disputes arising therefrom are governed by Dutch law.

Disputes will be submitted to the competent court in the district of North Netherlands, unless mandatory law provides otherwise.

As a consumer, you can also use the European platform for online dispute resolution: https://ec.europa.eu/consumers/odr

For questions about these terms, your privacy or other matters, you can contact us:

WandelWeb
Email: info@wandelweb.nl
Website: www.wandelweb.nl

Contact us via the contact form