Acceptable Use Policy | Baerz & Co

BAERZ & CO | INTERNATIONAL LUXURY REAL ESTATE

1. Introduction and Scope

This Acceptable Use Policy ("Policy") establishes the rules for accessing and using www.baerz.com, including its international and multilingual versions, property listings, editorial publications, search facilities, contact forms and other publicly accessible features (collectively, the "Website").

The Website is operated by Baerz & Co B.V., a private limited liability company incorporated under Dutch law ("Baerz", "we", "us" or "our").

Baerz & Co brings together an international alliance of carefully selected, independent Boutique Luxury Brokers and Personal Property Advisors, supported by a shared international marketing and collaboration environment.

This Policy is intended to protect the integrity, security and professional standards of the Website, its content, its users and the independent professionals whose properties and services are presented.

Users must comply with this Policy when accessing or using the Website.

This Policy supplements our Terms of Use. Where a conflict arises, the Terms of Use shall prevail, without prejudice to applicable mandatory law.

2. Permitted Use

The Website is intended for lawful access to information about luxury residential properties, property developments, the Baerz alliance and the services offered by its independent professionals.

Users may browse property listings, read editorial publications, research property markets and submit genuine enquiries.

Normal browsing, personal property research, lawful search engine indexing and other activities expressly permitted by applicable law remain permitted.

Access to the Website does not grant ownership of, or unrestricted commercial rights in, its content, databases, software or other protected materials.

3. Prohibited Activities

Users must not use the Website:

For fraudulent, deceptive, misleading or otherwise unlawful purposes.
To impersonate another person, company or professional.
To submit deliberately false, fictitious or misleading enquiries.
To send spam, unsolicited commercial solicitations or unauthorised promotional messages through Website facilities.
To harass, threaten, defame or unlawfully discriminate against any person.
To infringe intellectual property, privacy, confidentiality or other legal rights.
To gain unauthorised access to information, accounts, systems or restricted areas.
To interfere with the normal operation, accessibility or security of the Website.
To collect personal information unlawfully or use professional contact details for unsolicited commercial activities contrary to applicable law.

Users must not misuse the Website or its communication facilities in a manner inconsistent with their legitimate purposes.

4. Protection of Website Content and Property Listings

Property listings, photographs, videos, floor plans, descriptions, editorial publications, databases and other Website materials may be protected by copyright, database rights, trademarks and other intellectual property rights.

These rights belong to Baerz, its licensors, participating Boutique Luxury Brokers, developers or other respective rights holders.

Except where expressly authorised or permitted by law, users must not:

Reproduce, redistribute or commercially republish protected property listings.
Reuse protected photographs, videos, descriptions or floor plans without authorisation.
Extract or reutilise substantial parts of protected Website databases.
Incorporate protected content into competing property portals, commercial databases or other services.
Systematically reproduce protected Website materials for unauthorised commercial exploitation.
Remove copyright notices, trademarks or other proprietary identifiers.
Misrepresent the origin, ownership or authorship of Website content.

Limited personal use and applicable statutory exceptions remain unaffected.

Baerz reserves the right to enforce its own intellectual property rights and those it is authorised to enforce on behalf of relevant rights holders.

5. Automated Access, Scraping and Artificial Intelligence

Baerz expressly reserves its applicable intellectual property and database rights, together with those of its licensors, concerning automated extraction, reproduction and commercial exploitation of protected Website content.

Except where authorised in writing or permitted by mandatory law, users and automated systems must not:

Scrape, harvest or systematically extract property listings, prices, descriptions, photographs or other protected Website data.
Reproduce substantial parts of protected databases.
Reconstruct the Website or its protected property collections through automated extraction.
Collect professional contact details or personal information for unlawful commercial solicitation or lead harvesting.
Use protected Website content for unauthorised AI or machine-learning training.
Incorporate extracted protected content into competing commercial products or platforms.
Circumvent lawful technical access restrictions.
Operate automated systems that materially interfere with Website security, stability or performance.

Baerz and the relevant rights holders expressly reserve their applicable rights concerning text and data mining under Article 4(3) of Directive (EU) 2019/790 and corresponding national legislation.

Where legally required, appropriate machine-readable rights reservations may be implemented.

Nothing in this Policy restricts statutory exceptions that cannot lawfully be excluded, including applicable exceptions for lawful text and data mining or scientific research.

Legitimate search engine indexing and ordinary automated access expressly authorised by Baerz are permitted, subject to applicable law and reasonable technical restrictions.

6. Website Security and System Integrity

Users must not attempt to compromise the confidentiality, integrity or availability of the Website or its supporting systems.

Prohibited activities include:

Introducing viruses, malware, ransomware, spyware or other harmful software.
Attempting unauthorised access to servers, databases, administrative systems or user accounts.
Bypassing authentication or security measures.
Conducting denial-of-service attacks or other disruptive activities.
Intercepting communications or accessing personal information without authorisation.
Exploiting security vulnerabilities for unlawful purposes.
Manipulating Website functionality or interfering with its proper operation.

Baerz may take appropriate technical, operational and legal measures to protect its systems against suspected abuse or security threats.

Responsible Disclosure of Security Vulnerabilities

Individuals who discover a potential security vulnerability are encouraged to report it confidentially to info@baerz.com.

Reports should include sufficient information to help identify and assess the issue.

Security researchers must not access, alter, copy, disclose or destroy information beyond what is lawfully authorised or strictly necessary for responsible reporting.

They must not disrupt Website services or expose personal information.

Baerz encourages responsible disclosure and will assess reports in good faith.

This provision does not grant permission to conduct unauthorised security testing or create immunity from applicable law.

7. Property Enquiries and Communications

The Website provides facilities for visitors to request information about properties or assistance from independent real estate professionals.

Users must submit genuine enquiries and provide information that is accurate to the best of their knowledge.

Contact forms and communication facilities must not be used for:

Fraudulent or fictitious property enquiries.
Automated spam submissions.
Unsolicited commercial promotions.
Harassment or unlawful communications.
Attempts to obtain confidential information through deception.
Unlawful collection or misuse of personal or professional contact information.

Submitting an enquiry does not create a binding property transaction, brokerage mandate or advisory agreement with Baerz.

Personal information provided through enquiries is processed in accordance with our Privacy Policy.

8. Information Submitted by Users

Where users submit information, documents or other content through the Website, they remain responsible for the legality and accuracy of that information.

Submitted information must:

Be lawful and accurate where it states facts.
Not deliberately mislead or deceive others.
Respect the privacy and confidentiality of third parties.
Not infringe copyright, trademarks or other intellectual property rights.
Not contain harmful software or malicious technical elements.
Not falsely imply professional qualifications, authority or affiliation.

Users must have an appropriate legal basis for providing personal information about other individuals.

Baerz may reject, restrict or remove submitted information where reasonably justified by applicable law, this Policy or the need to protect Website security and integrity.

9. Reporting Unlawful or Infringing Content

Users and rights holders may report content that they reasonably believe is unlawful or infringes their rights.

Notifications may be submitted to:

info@baerz.com

A notification should identify the relevant content, provide its exact location or URL, explain the grounds for the complaint and include appropriate supporting information.

Where the Digital Services Act applies, Baerz will observe the applicable notice-and-action requirements, including any required notification details, decision explanations and procedural safeguards.

Baerz may request further information where reasonably necessary to evaluate a notification.

Reports will be assessed in a diligent, objective and proportionate manner, taking account of the available information and applicable legal requirements.

Baerz may remove or restrict access to unlawful or infringing content where justified.

10. Enforcement and Access Restrictions

Where a user violates this Policy or applicable law, Baerz may take appropriate and proportionate measures to protect the Website, its users and relevant rights holders.

Depending on the circumstances, such measures may include:

Issuing a warning.
Requesting that prohibited activity cease.
Restricting access to particular Website functions.
Temporarily suspending access.
Blocking access where reasonably justified and technically feasible.
Removing or disabling access to unlawful or infringing content.
Seeking appropriate legal remedies.
Reporting suspected criminal conduct to competent authorities.

In determining appropriate measures, Baerz may consider the seriousness, frequency and consequences of the conduct, previous warnings and the rights and interests of affected parties.

Where applicable, enforcement and content moderation measures will comply with relevant Digital Services Act requirements.

Nothing in this Policy excludes mandatory rights or remedies available to users under applicable law.

11. Responsibility and Legal Remedies

Users remain responsible for their own unlawful conduct and for information they submit through the Website.

Business and professional users may be held responsible, to the extent permitted by applicable law, for reasonable and demonstrable losses directly resulting from their unlawful use of the Website, infringement of third-party rights or material breach of this Policy.

Baerz reserves the right to seek appropriate legal remedies, including damages, injunctive relief and other available measures where legally justified.

Nothing in this Policy creates an unlimited indemnification obligation for consumers or excludes liability legally attributable to Baerz.

12. Changes to This Policy

Baerz may amend this Policy to reflect developments in applicable law, Website functionality, security requirements or operational practices.

The most recent version will be published on the Website together with its effective date.

Changes will apply prospectively, subject to applicable mandatory law.

Where legally required, users will receive appropriate notice of material changes.

13. Related Policies

This Policy should be read together with the following documents:

Terms of Use
Privacy Policy
Cookie Policy

The Terms of Use establish the general conditions for accessing and using the Website.

The Privacy Policy explains how personal information is processed and protected.

The Cookie Policy describes the use of cookies and similar technologies.

Separate written agreements govern professional and commercial relationships between Baerz and its affiliated partners.

Nothing in this Policy alters those separate contractual arrangements.

14. Applicable Law and Contact

This Policy is governed by Dutch law, without prejudice to mandatory consumer protection provisions or other applicable legal requirements.

For questions concerning this Policy, reports of unlawful content, security concerns or suspected misuse, please contact:

BAERZ & CO B.V.

International Luxury Real Estate Alliance

Chamber of Commerce (KVK): 70912610

Statutory seat: Amsterdam, the Netherlands

Website: www.baerz.com

Email: info@baerz.com