Voorwaarden
Last updated on 15 May 2025
Intro
We are Go Dutch B.V. (GoDutch).
GoDutch is active in the facilitation of access to, for example, payment accounts, payment cards and other related products to businesses and physical persons. GoDutch provides an efficient and cost-effective software solution which enables Customers to open business payment accounts and use related services and products by leveraging the services and platform of our partner SWAN.
These Terms apply to Customer’s use of the Service, including all content, features, and additional services provided by GoDutch. For more information, GoDutch refers to its Website: godutch.com
GoDutch offers its Services under the condition that the Customer accepts these Terms of Use, including any applicable Appendices (the Terms). These Terms are applicable to all Services provided by GoDutch.
In addition to these Terms, the general terms and conditions of the third-party providers (such as other online and mobile payment service providers) and credit institutions apply, as further described in Clause 2 of these Terms. This includes, in particular, the following general terms and conditions of SWAN.
In these Terms, GoDutch and the Customer may be referred to individually as 'Party' and collectively as 'Parties'.
1. Definitions and Schedules
(User) Account: online personal environment of the Customer that is required for the use of Services and which the Customer can access via godutch.com by entering an email address and password, with phone verification or pin code.
Agreement: the Terms and all Annexes attached thereto, including the Subscription.
Contract Term: the entire term of the Agreement during which the Customer has the right to access and use the Services.
Customer: the natural or legal person, registered or resident in one of the Member States of the European Economic Area (EEA), acting in a commercial or professional capacity who is registered in the trade register of the Dutch Chamber of Commerce and who enters into an Agreement with GoDutch, or to whom GoDutch makes an offer, related to the Services.
Data: all forms of information and materials that are collected, generated, uploaded, or created by the Customer through the use of the Services.
Documentation: the documents that are made available to the Customer by GoDutch online via godutch.com or by other means and contain a description and/or user manual of the Services.
Effective Date: the start date of the Agreement between GoDutch and the Customer as stated on the Subscription Page.
Exit: termination of the Agreement between GoDutch and Customer.
Fees: the agreed-upon Fees for the Services. The Fees are outlined on the Website.
Force Majeure Event: circumstances that are not attributable to a Party including, without limitation, (i) circumstances beyond the control of GoDutch or any of GoDutch’s suppliers, (ii) the failure by GoDutch to properly meet obligations that were contracted by GoDutch on Customer’s instructions, (iii) defects in goods, hardware, software or materials of third parties that GoDutch uses on Customer’s instructions, (iv) measures by public authorities, (v) power failures, (vi) failures of the internet, data network or telecommunication facilities, and/or (vii) (cyber) crime, (cyber) vandalism, war or terrorism.
GoDutch: GoDutch B.V., a private company with limited liability (besloten vennootschap met beperkte aansprakelijkheid), incorporated under the laws of the Netherlands, having its corporate seat in Amsterdam, (address: Papaverhof 59, 1032LX Amsterdam) and registered with the Trade Register of the Dutch Chamber of Commerce under number 93777981.
KYC Procedure: The statutory identity verification procedure conducted by either SWAN or another third-party service provider, which needs to be completed to the satisfaction of SWAN or such other third-party service provider in order to be able to use the Services. We refer to the SWAN terms of use available via swan.io for more information on the KYC Procedure.
Personal Data: any information relating to an identified or identifiable natural person, encompassing details such as name, contact information, account information as set forth in the General Data Protection Regulation (GDPR).
Services: the software solution which enables Customers to (i) open electronic money account or payment accounts with, (ii) use physical, digital or virtual payment cards issued by and (iii) access and use related payment services and products offered by SWAN, and any and all other services offered by GoDutch to Customer under any Subscription as agreed by Parties.
Set-Up Services: services provided by GoDutch to implement the Services for Customer, including, among other things, providing assistance in uploading Data to the Services, personalizing the Services interface, or designating User Accounts.
Subscription: the user subscription for the Services, as purchased by the Customer and further specified on the Subscription Page.
Subscription Page: overview page in the Account with specifications of the Services purchased by the Customer, the Subscription Fees, and any conditions further agreed upon by the Parties.
Subscription Period: the period of the Subscription begins on the date the Customer subscribes to the Services as detailed on the Subscription Page and shall continue indefinitely unless and until terminated by either Party according to the termination rights in these Terms, unless a definite period is specifically agreed by Parties as specified on the Subscription Page.
SWAN: a French simplified joint-stock company (société par actions simplifiée or SAS) with a capital of 30,983.52 Euros, whose registered office is located at 95 avenue du président Wilson, 93100, Montreuil, registered with the Bobigny Trade and Companies Register under number 853 827 103. SWAN is an electronic money institution authorized by the French Prudential Supervisory Authority (Autorité de contrôle prudentiel et de résolution - ACPR), under the bank code (CIB) 17328, offering regulated electronic money and payment services.
SWAN’s Terms & Conditions: By registering for and using the Services, the Client acknowledges and agrees that the Client's account is provided by SWAN and is subject to the most recent version of SWAN's terms and conditions, as emailed at the time of registration.
Third Party Software: the works and/or materials (software) comprised in the Services, including but not limited to open-source software, the intellectual property rights which are owned by a third party, and which can be specified by GoDutch upon request by Customer.
VAT: value added tax and any other tax of a similar nature.
Other definitions – recognizable by use of a capital letter at the beginning - may also be defined in the text below.
2. Concluding the Agreement
These Terms apply to the relationship between GoDutch and Customers, their Account, as well as those who engage with the Services. By accessing, using, or attempting to use the Services, Customer acknowledges that Customer accepts and agrees to be bound by these Terms.
GoDutch does not offer regulated electronic money and/or payment services within the meaning of the Dutch act on the financial supervision (Wet op het financieel toezicht). Where such electronic money and/or payment services are offered to Customer as integrated part of its Account, those services are offered by SWAN.
By registering for and using the Services, Customer acknowledges and agree that Customer’s account is provided by SWAN and is subject to SWAN’s Terms of Use available via: ("SWAN’s Terms of Use"). Customer must read, agree with, and accept all of the terms and conditions contained in SWAN’s Terms of Use before Customer may become a user of the Services. Customer’s use of the Services is expressly conditioned upon your explicit consent to all the terms and conditions of this Agreement and SWAN’s Terms of Use.
In order to use the Services, Customer must complete the process of onboarding. As long as this process has not been completed, Customer may not use the Services. As part of the onboarding process, Customer must provide GoDutch with the information required for the KYC Procedure. SWAN is responsible for conducting the KYC Procedure. Customer understands and acknowledges that GoDutch is not responsible for this registration and acceptance process, that GoDutch cannot influence its outcome, and that any rejection of SWAN registration and acceptance process cannot be remedied or reassessed by GoDutch.
These Terms do not govern any (commercial and/or legal) relationship between Customer and GoDutch’s third-party partners, in particular SWAN, regarding the services provided by such third-party, including SWAN (Third Party Services). Customer shall enter into a separate agreement with third-parties for the services offered by such third-party. GoDutch has no influence or control over the agreement between Customers and the providers of Third Party Services. GoDutch is not a party to any Third Party Services, but merely facilitates the Services to integrate features related to Third Party Services.
Additional information, guidelines and FAQ’s regarding the Services, as amended from time to time, will be published on the website. Customers and/or third parties cannot derive any rights from this information. This additional information published on the Website does not form an inseparable part of the relationship between GoDutch and Customers or other third parties.
3. Set-Up
After the Effective Date, GoDutch shall perform the Set-Up Services in collaboration with Customer and providers of Third Party Services in order to make the Services ready for use for the Customer, provided that the Customer has requested such Set-Up Services to be performed. If the Customer has not requested Set-Up Services, Customer remains responsible for designing, configuring, parameterizing and tuning Services, converting and uploading Data and, where required, for modifying the hardware and user environment used.
4. Offers and Quotations
GoDutch’s offers and quotations are non-binding and only apply to the Services as specified therein, unless expressly agreed otherwise.
GoDutch may assume that all information provided by the Customer in the course of the preparation of such an offer or quotation is correct. The offer or quotation may be adjusted if the information provided by Customer is incorrect, or other or additional information is provided to GoDutch.
5. Prices, Payment, and Collecting Charges
Customer shall pay GoDutch the fees as specified on and the applicable Annex(es), including any updates thereof, for the use of the Services (the “Fees”).
Fees applicable to the use of the Services or any part thereof, if any, will be stated on GoDutch website and/or on the Website and/or the Subscription page itself.
Upon the issuance of the first invoice by GoDutch, the Client authorizes GoDutch to collect the due payments directly from the payment account held with SWAN via direct debit on a monthly basis. If this is not feasible, the Client must pay the due amounts upon request using another payment method made available by GoDutch. This authorization allows GoDutch to automatically collect due amounts for the Fees and any other agreed costs.
All invoices will be issued by GoDutch and sent to the Client's email address and/or made available via the Account.
If the Client fails to make a payment on the due date, GoDutch reserves the right to limit the Account, restricting the functionality of the Services, such as the ability to send payments, create new cards, or issue invoices, until the outstanding amounts are settled.
Continued failure to make the required payments may lead to the suspension of the Services and the termination of the Agreement. GoDutch will notify the Client before a termination takes effect immediately.
GoDutch reserves the right to offset any amounts owed by the Client against any credits or payments owed to the Client under this Agreement or any other agreement with GoDutch. This right to offset does not extend reciprocally to the Client.
A claim for payment becomes immediately due if the Client (i) is declared bankrupt, (ii) applies for a suspension of payments, (iii) has a significant part of their assets seized, or (iv) is liquidated or dissolved.
All amounts are in euros and exclusive of VAT, where applicable, and other levies imposed by relevant authorities unless otherwise indicated.
Customer shall pay invoiced Fees within fourteen (14) calendar days after the invoice date.
If Customer does not pay invoiced Fees on time:
Commercial interest of 10% shall be due in respect of the outstanding invoice without requiring further notice of default; and
Customer is obliged to fully compensate both the judicial and extrajudicial collection costs, including (i) reasonable lawyer's fees, (ii) bailiff's fees, (iii) and the costs of collection agencies, in addition to the amount that is owed and the interest due in respect thereof.
In the event of non-payment or untimely payment by the Customer, GoDutch may limit the use of the Services for Customer after written notice thereof to the Customer. After a second written notice to the Customer, GoDutch may suspend the use of the Services by Customer until the Fees, including accrued interest and costs, are paid in full.
A claim for payment becomes immediately due and payable in the event Customer (i) is declared bankrupt, (ii) applies for a suspension of payment, (iii) a substantial part of its assets is attached, or (iv) is liquidated and/or dissolved.
GoDutch:
may unilaterally adjust the applicable prices and rates, upon written notice to the Customer and with due observance of a notice period of one (1) month. In case of a price adjustment, Customer is entitled to terminate the Agreement by serving notice of termination in writing, within thirty (30) calendar days following the notification of the adjustment and effective as from the date on which the new prices and/or rates would take effect; and/or
may adjust the content or scope of the Services.
During the Contract Term, GoDutch reserves the right to index the applicable Fees annually using the Services Producer Price index (SPPI) for the European Union provided by Eurostat (https://ec.europa.eu/eurostat). The adjustment shall be calculated by comparing the SPPI for the current year with the SPPI for the previous year. GoDutch shall provide written notice of any fee adjustments based on the SPPI at least 30 days prior to the effective date of the adjustments. For the avoidance of doubt: the termination option of Clause 5.7.1 in the event of an increase in the Fees does not apply in the event of an indexation of the Fees on the basis of the SPPI.
6. Benefits
Based on an agreement between GoDutch and SWAN, GoDutch is entitled to receive payments from SWAN, calculated based on certain factors ("Benefits").
GoDutch intends to share a portion of these benefits with the Client under the conditions agreed upon between GoDutch and the Client (Benefits). Payments of these benefits are not to be characterized as interest on funds held in the Client’s payment account. Benefits are discretionary payments made by GoDutch, and GoDutch may decide unilaterally not to make such payments for a particular period.
Benefits are calculated as a percentage of GoDutch’s quarterly revenue. The total quarterly benefits and the Client’s share of these benefits will be disclosed within one month after the end of each quarter. Payment of these benefits will be processed within one month following their announcement by GoDutch, subject to GoDutch receiving the corresponding benefit payments from SWAN. For clarity: Payments of benefits to Clients are in all cases dependent on the receipt of benefits from SWAN. If SWAN fails to pay benefits to GoDutch, GoDutch is not obligated to make payments to Clients. Should there be any delay due to SWAN, GoDutch reserves the right to postpone the distribution of benefits accordingly.
Account Obligations
Customer is fully responsible that all information provided by Customer to GoDutch or third party service providers is accurate, complete, and up-to-date during the registration process and thereafter. GoDutch and its third party service providers may fully rely on any information provided by Customer.
Customer itself is responsible for the hardware, infrastructure and auxiliary software and ensures that the (auxiliary) software for its own hardware is installed, organized, parameterized, and tuned. Customer shall take appropriate measures to ensure that any equipment that is used by Customer to access the Services, such as PC’s, laptops, tablets, or smartphones, is secure and free from viruses and other malicious software.
Customer bears the risk of selecting the Services to be provided by GoDutch.
Customer shall ensure that all employees and/or auxiliary persons that it deploys in the performance of the Agreement shall have the knowledge and experience required to use the Services.
Customer is responsible for the management, monitoring, checks of the settings, (manner of) implementation, and use of the Services provided by GoDutch.
GoDutch provides Services on Customer’s instruction. Customer may solely use the Services for its own organization, and only insofar as required for the use intended by GoDutch as described in this Agreement.
Customer agrees not to use the Services for any purpose that is prohibited by these Terms, or applicable law, and only for the purpose that GoDutch intended it for. Customer is responsible for all its activity in connection with its Account and the Services. By way of example, and not as a limitation, Customer shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any information on or through the Services that:
infringes any patent, trademark, trade secret, copyright, right of publicity or other (intellectual property) right of any other person or entity (including GoDutch) or violates any law or contractual duty;
Customer knows is false, misleading, untruthful or inaccurate;
is unlawful, threatening, abusive, harassing, defamatory, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, vulgar, pornographic, offensive, profane, promotes bigotry, discrimination or violence, or is otherwise inappropriate as determined by GoDutch after being informed about this;
constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”);
other than appropriate use of an invitation URL, involves commercial activities (whether or not for profit) and/or sales without GoDutch prior written consent;
contains software viruses or any other computer codes, files, worms, logic bombs or programs that are designed or intended to disrupt, disable, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of GoDutch or any third party;
impersonates any person or entity, including any employee or representative of GoDutch; or
includes anyone’s identification documents or sensitive financial information;
Furthermore, Customer shall not (directly or indirectly):
use the Services in any way that affects the integrity or continuity of GoDutch’s systems;
resell or redistribute (parts of) the Services in any way;
send unsolicited messages to GoDutch and or to any third-party recipient;
take any action that imposes or may impose an unreasonable or disproportionately large load on GoDutch’s (or its third-party providers’) infrastructure;
interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services;
bypass any measures GoDutch may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services);
use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Services;
modify, copy, mirror, scrape, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, republish, repurpose, sell, trade, or in any way exploit the Services;
otherwise take any action in violation of these Terms.
Insofar as is permitted by law, Customer indemnifies and compensates GoDutch for all third-party claims (including settlement costs and reasonable attorneys’ fees) arising from any use of the Services by Customer that is in violation with these Terms or the applicable legislation or is unlawful in any other way.
If, in GoDutch’s judgment, a Customer acts in breach of the Terms, GoDutch reserves the right to block or terminate the Account and Services at any time and delete all information related to it.
GoDutch may implement all measures it reasonably considers necessary to prevent abuse of the Services by Customer.
GoDutch may continue to provide the Services using a new or modified version of the underlying software. GoDutch is not obliged to maintain, modify, or add particular features or functionalities of the Services specifically for Customer.
8. Additional Work
If GoDutch has performed activities or has delivered services that are outside the scope of the Services at Customer’s request or after Customer’s prior written consent, GoDutch may charge Customer for these Services on the basis of agreed rates or, if no rates have been agreed on by the Parties, on the basis of GoDutch’s applicable rates.
Customer acknowledges that adjustments and additional work may result in terms being prolonged and delivery periods and/or dates and delivery dates being postponed. Any new terms and delivery periods and/or delivery dates indicated and communicated by GoDutch shall replace the previous terms and delivery periods and/or dates and delivery dates.
Insofar a fixed price has been agreed on for the relevant Services, GoDutch shall inform Customer, at Customer’s request, in reasonable detail, and in writing, about the financial consequences of the extra work or additional Services referred to in this Clause.
Intellectual Property
GoDutch or its licensor is the exclusive owner of all intellectual property rights vesting in and relating to and vesting in the Services, and any Costumer specific adaptations to the Services or other Services, and underlying source- and object code. These intellectual property rights include but are not limited to patents, patent applications, trademarks, trademark applications, database rights, service marks, trade names, copyrights, trade secrets, licenses, domain names, know-how, property rights and processes (“Intellectual Property Rights”). Nothing in this Agreement shall be construed to assign or confer to Customer any Intellectual Property Rights pertaining to the Services.
Customer may use the Services and related logos to promote the Services, provided this does not create confusion about its status as Customer of GoDutch. GoDutch has the right to issue reasonable instructions concerning the correct use for promotions, which Customer must strictly follow. Customers are not permitted to use any logos of our partners, including but not limited to Swan, without written permission.
Customer will not reproduce, resell, or distribute the Services or Data generated by the Services for any purpose unless Customer has been specifically permitted to do so under a separate agreement with GoDutch.
Customer hereby grants GoDutch a non-transferable and non-exclusive license to display Customer’s trademarks and/or logos on the GoDutch Website and use it for purposes of reference and acknowledgement.
Customer guarantees that no rights of third parties preclude making Data, software, and/or other materials, designs and/or other works available to GoDutch for the purpose of use, maintenance, processing, installation or integration; this guarantee also pertains to Customer’s having the relevant licences. Customer indemnifies GoDutch against any claim of a third party based on the allegation that making any of this available and/or the use, maintenance, processing, installation or integration infringes a right of that third party.
Customer understands that within the boundaries of applicable law, GoDutch may use the Data from the Services for analytic, statistical, benchmarking and security purposes.
Duration and Termination
Notwithstanding any provision contained in the Agreement or the Subscription Page to the contrary, either Party may terminate (opzeggen) the Agreement at any time upon one (1) month’s prior written notice to the other Party.
The Customer may opt for a definite Subscription Period at any time by indicating this choice on the Subscription Page. This definite period shall automatically renew the Agreement for successive one-year periods. In that case, at the end of the current definite period, either Party may prevent renewal by providing written notice of non-renewal at least one (1) month prior to the end of the then current period. Upon such notice, the Agreement may revert to an indefinite period unless expressly terminated by the Parties.
The Agreement will terminate with immediate effect and without notice of default being required (i) if the other Party is granted a suspension of payments, whether or not provisional, (ii) if a petition for bankruptcy is filed by or against the other Party or (iii) if the other Party is liquidated or dissolved other than for restructuring purposes. GoDutch may also terminate the Agreement in writing, in whole or in part, without notice of default being required and with immediate effect, if a direct or indirect change occurs in the corporate control over Customer. GoDutch is never obliged to repay any sum of money already received or pay any sum of money in compensation because of termination as referred to in this paragraph. If Customer is irrevocably bankrupted, its right to use the Services made available to Customer ends, without GoDutch being required to cancel these rights. With respect to Data, the Exit provisions of this Agreement apply.
Upon termination of the Agreement, Customer must cease immediately any further use of the Services.
If GoDutch ceases its activities voluntarily or by court order ("Termination"), GoDutch will promptly notify the Client. In the event of Termination, SWAN will maintain the functionality of the Client’s Account and continue to provide access to the SWAN interface under SWAN’s Terms of Use.
Availability and Maintenance; Disclaimer Warranties
GoDutch will make commercially reasonable efforts to make the Services available as much as possible. However, GoDutch does not make any commitments with regard to the availability, continuity, functionality or usability of the Services, nor does it make any other commitments other than those expressly set out in these Terms. Customer acknowledges the Services is provided over the internet and mobile networks and thus the quality and availability thereof may be affected by factors outside GoDutch’s reasonable control, including Force Majeure. In the event of inaccessibility of GoDutch’s Services, Customer is able to use the Account by connecting directly to the address https://www.swan.io.
GoDutch shall make commercially reasonable efforts to improve the functionality of the Services, including through updates and to correct faults/errors. If any maintenance or modification could lead to limitations of availability, GoDutch shall make reasonable efforts to perform such maintenance during periods in which relatively limited use is made of the Services by the Customers. GoDutch will make reasonable efforts to consult with Customer concerning such modifications, but the final decision is up to GoDutch.
If the Services, or part of it, has been developed on Customer’s instructions, GoDutch may charge Customer for the costs incurred by repairing the error(s) at GoDutch’s applicable rates.
GoDutch does not guarantee that the Services are timely adapted to any amendments in the relevant laws and regulations.
To the maximum extent permitted by law, hereby GoDutch disclaims all implied warranties with regard to the Services. The Services is provided ‘as is’ and ‘as available’ without warranty of any kind, meaning that GoDutch does not guarantee that the Services are free of errors and functions without any interruptions. In addition, GoDutch rejects all implied warranties that the Services and the use thereof comply with Customer’s expectations thereof.
GoDutch shall make commercially reasonable efforts to improve the functionality of the Services, including through updates and to correct faults/errors. If any maintenance or modification could lead to limitations of availability, GoDutch shall make reasonable efforts to perform such maintenance during periods in which relatively limited use is made of the Services by Customers.
In the event of downtime of the Services, SWAN will continue to provide the SWAN Interface to Customers under the terms of the framework agreement for Payment Services and the General Conditions of Use via swan.io.
Support and Service Levels
Possible Service Level Agreement arrangements are exclusively agreed on in writing as Annex to this Agreement. Customer promptly informs GoDutch about any circumstances that may affect the service level or its availability.
Backups
GoDutch will use commercially reasonable efforts to maintain regular Data backups of the Services, provided however, that GoDutch accepts no liability for loss, alteration, destruction, damage or recovery of Customer’s Data.
14. Third Party Software
The Services may contain Third Party Software, including open-source software which requires notices and/or additional terms and conditions. Such required Third Party Software notices and/or additional terms and conditions are made known to the Customer where necessary (e.g. on the GoDutch Website). By accepting this Agreement, Customer is also accepting the additional terms and conditions, if any, set forth therein, for which the following shall apply:
the conditions of the Third Party Software are as stated by the provider of the Third Party Software, and the Third Party Software is provided in accordance with the relevant licensor's licensing terms, whereby the Customer acknowledges, where applicable, that these terms may be open source or Creative Commons licensing terms;
the Third Party Software may have limitations, both known and unknown (including defects, and (unknown) limitations in functionality); and
GoDutch provides no warranty specifically related to any Third Party Software or any applicable licensing terms.
GoDutch indemnifies Customer against any claim or proceeding brought against Customer to the extent that such claim or proceeding alleges that Customer’s use of the Services in accordance with this Agreement constitutes an infringement of a third party’s Intellectual Property Rights (“IP Claim”). The indemnity is subject to Customer: (i) promptly notifying GoDutch in writing of any IP Claim; (ii) making no admission of liability and not otherwise prejudicing or settling the IP Claim, without GoDutch’s prior written consent; and (iii) giving GoDutch complete authority and information required for GoDutch to conduct and/or settle the negotiations and proceedings relating to the IP Claim.
15. Privacy
By providing Services to Customer, GoDutch processes personal data of Customer. For more information on the processing of personal data by Customer, please consult our Privacy Notice on godutch.com. When a Customer makes use of the Services, GoDutch may collect certain Personal Data of the Customer. Through its Privacy Notice GoDutch informs Customers which Personal Data is collected and for what purposes. The Privacy Notice can be found here on godutch.com.
16. Subcontracting
GoDutch reserves the right to use third parties to supply (parts of) the Services or other services provided by GoDutch (“Subcontractors”).
17. Security
GoDutch maintains a security programme, including a set of written security policies and security procedures which may be amended by GoDutch from time to time, to continue to offer an appropriate security level.
18. Exit
Upon termination of the Agreement, GoDutch undertakes to provide Customer with all reasonable requests on their Customer data during a 3 month-period after the Agreement is terminated. Upon such timely request, GoDutch will provide such copy of the available Customer data in a machine-readable form. After lapse of the 3-month timeline, the Customer data will no longer be available for the Customer, unless applicable laws provide additional rights.
19. Confidentiality
GoDutch and the Customer shall maintain the secrecy and confidentiality of all information exchanged in the context of the Agreement and any negotiations, protecting it from disclosure to third parties (other than required for Third Party Services). Information shall be considered confidential if this follows from the nature of the information or if the information is explicitly designated as confidential by GoDutch and/or the Customer ("Confidential Information").
Confidential Information includes, but is not limited to:
the content of the Agreement;
information regarding the Services;
all financial, commercial and operational information that GoDutch makes available to the Customer.
Confidential Information does not include information that:
is or becomes public knowledge other than through the act or omission of the receiving party;
was in the lawful possession of the receiving party prior to the disclosure;
was lawfully disclosed to the receiving party by a third party not subject to any disclosure restriction;
is required to be disclosed by operation of law, by order of a competent court, regulatory authority, or administrative body.
GoDutch and the Customer shall not use or disclose the Confidential Information for any purpose other than what is necessary in the context of performing the Agreement. The Customer shall ensure that only Authorized Users have access to Confidential Information to the extent necessary for their duties and that such Authorized Users are contractually bound to confidentiality.
GoDutch and the Customer are not obliged to pay damages or compensation if they are legally required to disclose confidential information and comply with this legal obligation. If a party is legally required to disclose any Confidential Information, that party shall not disclose more Confidential Information than is necessary to fulfil the relevant legal obligation.
This Clause shall continue to apply in full after the termination of the Agreement.
20. Warranties
Customer represents and warrants that:
It has the full right to enter into this Agreement and the obligations thereunder; and
Customer shall not use the Services in violation of this Agreement, the End User License Agreement and any applicable laws or regulations or the legal rights of third parties.
Customer shall indemnify and hold harmless GoDutch from and against all claims, damages or losses resulting from Customer’s breach of the warranties under the Agreement.
21. Limitation of Liability
GoDutch is not liable to Customer for any damage Customer suffers as a result of or in connection with the use of Services by Customer, unless arising from GoDutch’s wilful misconduct or gross negligence. In any event, without limitation, GoDutch is not liable for:
the actions or inactions of Customers;
the situation where Customer’s device is stolen, and any third party subsequently makes use of Customer’s Account;
any damage caused when a Customer acts on incorrect or incomplete information provided by a third party;
any damage caused by a Customer not complying with its obligations under these Terms;
failure to meet any of GoDutch’s obligations under these Terms where such failure is due to events beyond GoDutch’s control or beyond the control of Subcontractors (for example, failures of the internet, data network or telecommunication facilities, (cyber) crime, (cyber) vandalism, network failures);
any damage or alteration to Customer’s equipment including but not limited to computer equipment, handheld device or mobile telephones as a result of the installation or use of the Services;
damage to Customer that occurs due to the fact GoDutch assumed incorrect or incomplete information provided by that Customer; and
the disruptions and/or inadequate provision of the services of subcontractors of GoDutch.
If GoDutch is liable, for any reason, the total aggregate liability of GoDutch to the Customer shall not exceed 50% of the total amount of fees paid by Customer in the calendar year in which the liability causing event(s) occurred.
Nothing in this Agreement will exclude or limit the liability of GoDutch if this cannot be excluded or limited under the applicable law, such as in the case of wilful intent or gross negligence by GoDutch.
GoDutch’s liability for indirect damages, including but not limited to consequential damages, lost profits, lost savings, reduced goodwill, loss due to business interruption, losses as a result of claims from third parties, and damages in connection with engagement of third parties by Customer, as a result of or in connection with the Services, is excluded.
GoDutch is not liable for any loss arising in the performance of its services related to the Services due to GoDutch acting on incorrect or incomplete information provided by Customer.
The right to compensation of damages exclusively arises if Customer reports the damage to GoDutch in writing as soon as possible after the damage has occurred. Any claim for compensation of damages filed against GoDutch lapses by the mere expiry of a period of twelve months following the inception of the claim unless Customer has instituted a legal action for damages prior to the expiry of this term.
GoDutch has no control over Customer’s actions when using the Services. GoDutch therefore disclaims all responsibility and liability for any claims of damages resulting from Customer’s use of the Services. GoDutch is not responsible for the actions or omissions of third parties, and is also not responsible for any harm a Customer may sustain as a result of dealing with third parties. Without having to give Customer a notice, GoDutch retains the right to refuse or terminate the Services due to the requirements of any relevant law regulation or court ruling.
Customer shall indemnify and hold GoDutch harmless from any claim made against GoDutch with respect to Customer's (non-)performance of Third Party Services.
22. Force Majeure
If a Force Majeure Event gives rise to a failure or delay in either Party performing any obligation under this Agreement other than any obligation to make a payment, that obligation will be suspended for the duration of the Force Majeure Event.
A party that becomes aware of a Force Majeure Event which gives rise to, or which is likely to give rise to, any failure or delay in that party performing any obligation under this Agreement, must (i) promptly notify the other, and (ii) inform the other of the period for which it is estimated that such failure or delay will continue.
If a Force Majeure Event situation lasts for more than sixty days, either Party has the right to terminate the Agreement. In such event, all that has already been performed under the Agreement must be paid for on a proportional basis, without anything else being due by either Party to the other Party.
23. Miscellaneous
Failure by GoDutch to exercise any of its rights under, or to enforce any provision of, the Agreement will not be deemed a waiver or forfeiture of such rights or ability to enforce such provision.
If any provision of the Agreement is held by a court of competent jurisdiction to be illegal, invalid or unenforceable, that provision will be amended to achieve as nearly as possible the same economic effect of the original provision and the remainder of the Agreement will remain in full force and effect.
The Agreement embodies the entire understanding and agreement between the Parties respecting the subject matter of the Agreement and supersedes any and all prior understandings and agreements between the Parties respecting such subject matter. The Agreement may only be amended by a written agreement between the Parties.
GoDutch reserves the right to change these Terms. GoDutch will announce any material changes and additions to these Terms at least thirty days ahead to Customer in writing. If Customer does not agree with the changes or additions, Customer has the right to terminate the Agreement until the date such change or additions enters into effect. Continued use after the effective date applies as acceptance of the amended Terms.
In the situation where Swan modifies SWAN’s Terms of Use, this will be announced at least thirty days ahead to Customer in writing.
All notices or other correspondence between GoDutch and Customer will be provided to the contact information as specified in the Account. If any changes to the contact information arise, the relevant Party shall notify, in writing, the other Party thereof as soon as practicable. As long as no notice in this regard is received by the other Party, the other Party may rely on the contact information known to it.
GoDutch is entitled to sell, transfer or pledge (verpanden) any claims it has to payment of any sums due to a third Party.
Customer is not entitled to sell, transfer or pledge (verpanden) its rights and obligations under an agreement to a third Party.
24. Applicable Law and Jurisdiction
The Agreement, and any (non-)contractual claims in connection with the Agreement, shall be governed by and construed in accordance with the laws of the Netherlands.
All disputes, contractual or otherwise, resulting from or arising in connection with this Agreement shall be exclusively submitted to the competent court in Amsterdam, the Netherlands.
In case of conflict between Dutch legal concepts and the English description thereof as used in this Agreement, the Dutch text and/or its meaning under Dutch law will prevail.
Privacy Statement
Last updated on 15 May 2025
Who are we and what do we offer?
We are GoDutch B.V. (GoDutch, we one/of We). GoDutch is active in facilitating current accounts, debit cards and other financial products to companies, entrepreneurs and consumers (Payment services). For more information please visit our Website consult: www.GoDutch.nl. The Payment Services and associated Website are collectively referred to as the Services.
Personal data and legislation
This Privacy Statement talks about Personal data. The term Personal Data refers to all information with which a person can be directly or indirectly identified. Under the General Data Protection Regulation (GDPR) and other relevant laws and regulations in the field of the protection of Personal Data, we are the Controller. If you have any questions about the processing of your Personal Data that are not answered in this Privacy Statement, you can contact us via the contact details at the bottom of this Privacy Statement.
Which Personal Data do we process as Controller?
As controller, we process your personal data for various reasons. We process your personal data because we offer our Payment Services to you (you are then our User) or when you visit our Website, subscribe to our newsletter or come into contact with us in any other way (general context).
Users:
Personal data
Purposes:
Legal ground:
Account
We use this Personal Data to:
register your account;
to give you access to our Payment Services; and
contact you about the Payment Services, including sending notifications to ensure that your account remains secure (such as: sending notifications about suspicious use of your account).
We may process this Personal Data because we have a legitimate interest to perform the agreement with the organization you represent as best as possible (such as: registering your account and giving access to our Payment Services and contacting us to keep your account secure).
If you are a consumer, we may process this Personal Data because this is necessary for the performance of the agreement with you (namely: providing our Payment Services).
Authentication details:
information on your ID:including your full name, date of birth, nationality, place of birth, place and date of issuance of the document, expiry date of the document, document type, document number, signature and photo;
face and fingerprint verification: a number of photos of your face, biometric fingerprint and a verification check whether you are a living person; and
additional information: type of ID, second nationality (if applicable), residential address, country of birth, occupation, expected assets, source of income and location details.
We use this Personal Data to:
verify your identity;
to provide access to our Payment Services; and
protect our Payment Services against illegal and unethical financial transactions.
We may process this Personal Data because we have a legitimate interest to verify whether you as a consumer or your organization may have access to our Payment Services.
We process the Personal Data for facial and fingerprint verification on the basis of your explicit consent.
Financial information:
(company) name, email address, bank account number.
charity preference (only if you choose to donate the funds received to a good cause)
Please note: these are only Personal Data if this information can be traced back to a natural person.
We use this Personal Data to:
transfer funds to you or a designated charity as part of our Payment Services; and
to include in our administration for the Tax Authorities.
We may process this Personal Data because we have a legitimate interest to execute the agreement with the organization you represent as best as possible (such as: fulfilling our financial obligations and keeping them in our administration).
If you are a consumer, we may process this Personal Data because this is necessary for the performance of the agreement with you (namely: paying out funds to you as part of our Payment Services).
Next to that, we are legally obliged to process (part of) the Personal Data for the Tax Authorities.
If you request a Payment Service or perform transactions via our Payment Services:
bank details: details about accounts, balances and payment cards used via our Payment Services; and
transaction data, such as amount, date, times, characteristics and recipients (IBAN, name of the account).
Please note: these are only Personal Data if this information can be traced back to a natural person.
We use this Personal Data to:
to register and facilitate your purchased payment service and transaction data.
We may process this Personal Data because we have a legitimate interest to perform the agreement with the organization you represent as best as possible (including: facilitating our Payment Services).
If you are a consumer, we may process this Personal Data because this is necessary for the performance of the agreement with you (namely: providing our Payment Services).
We do not receive the following Personal Data from you, but from other parties. This is for the purpose of completing your registration details and providing our Payment Services. See below which Personal Data is obtained from which parties as soon as you create an account:
Your bank: bank details and transaction details (see above).
Chamber of Commerce: public company information that you have provided to the Chamber of Commerce
General context:
Personal data:
Purposes:
Legal ground:
When you visit our Website:
Device type, browser type, session date and duration, IP address.
We collect this Personal Data through cookies or similar techniques. See our Cookie Statement for which cookies we use.
We use this Personal Data to:
communicate in the same language as the browser;
adapt our Website to the device used;
enable you to use our Website; and
improve the usability of our Website.
We may process this Personal Data because we have a legitimate interest to ensure that our Website functions properly.
In addition, we may process this Personal Data on the basis of your consent to improve our Website.
When you visit our social media page:
information from visitors who leave a comment or otherwise post something on our social media page.
We use this Personal Data to:
to be able to get in touch with visitors who leave something behind; and
to use the feedback on our social media pages.
We may process this Personal Data because we have a legitimate interest to improve our Services and our visitors have made this information public themselves.
Our social media pages are also managed by the social medium itself. View their privacy statement to see how they process your Personal Data when you visit our pages:
LinkedIn: Privacy Notice
Instagram: Privacy Notice
When you contact us:
your name, contact details, and the content of the communication.
We use this Personal Data to:
to handle your question or complaint;
to offer you support; and
improve our Services.
We may process this Personal Data because we have a legitimate interest to improve our Services based on your questions and/or feedback.
When you sign up for our newsletter:
email address, first name and company type.
We use this Personal Data to:
our newsletters
to steer.
We may process this Personal Data because you gave us your consent to receive our newsletter.
We also have a legitimate interest to send information about similar services to our existing users (being: users who already pay for our Services). In this situation we will offer you an opt-out possibility.
Every newsletter gives you the option to unsubscribe.
Legally required information
When you use our Payment Services, you may be legally or contractually required to provide us with certain Personal Data. If you do not provide us with such information, this usually means that we cannot provide the Payment Services or perform part of our agreement with your organization.
How long do we keep the Personal Data?
We will not process or store Personal Data that we do not need. We keep Personal Data for as long as we need it for the above purposes, unless we are legally obliged to keep the Personal Data for longer. In this context we use the following retention periods:
Account information and transaction or payment service data |We store this Personal Data for as long as your account is active and for a maximum of 2 years after the account was last used. If you request to delete your account, we will retain your Personal Data until this request is fulfilled.
Authentication details |We store this Personal Data until the verification procedure is completed.
Newsletters |We store this Personal Data until you unsubscribe from our newsletter.
Personal data in our correspondence | We store this Personal Data for as long as necessary to process your message/question/complaint and then for a period of 5 years.
Personal data in our administration for the Tax Authorities |This data will be kept for seven (7) years, unless we are legally obliged to keep the data for longer.
Other information| We only store other information if this is necessary for the described purposes, after which this data will be deleted.
We process the above-mentioned Personal Data for longer if we have a reasonable suspicion that this is necessary to detect and prevent address fraud and other illegal activities.
After the above retention period(s) has expired, we may process and retain certain Personal Data to comply with legal retention obligations and/or for fraud/abuse investigations, in the context of investigations into possible violations of our terms or policies, or otherwise to prevent damage.
Do we share your Personal Data with others?
Processors
To provide our Services, we use parties that process Personal Data on our behalf (Processors). For example, we use the following Processors:
Hosting – and other IT service providers (such as Amazon Web Services, Google Cloud); and
Email and support services.
These Processors may only process the Personal Data if we have given instructions to do so and not for other purposes. We have concluded a data processing agreement with all our Processors for this purpose.
External controllers
In addition, we may share Personal Data with parties that can or must process the Personal Data for their own purposes. These are:
Our banking service provider Swan (see here their Privacy Notice), with whom our Users enter into a separate agreement;
The tax;
Payment service providers, such as Stripe (see here their Privacy Notice); and
Police, Justice, authorities or investigative bodies.
Please note: we only do the latter if we are legally obliged to do so.
These parties act as Controllers for the Personal Data that they receive from us and further process.
Other than the above, we will not share your Personal Data with third parties – unless we are required to do so by law.
Transfer of Personal Data outside the European Union
We may transfer Personal Data to parties outside the European Union, if one of our Processors or Controllers is located outside the European Union. The Personal Data will only be transferred to countries and/or parties that provide an adequate level of data protection, in accordance with European standards. You can contact us if you would like more information, or if you would like to receive a copy of the measures we are taking in this context.
Third party websites
When using our Services, you may find (hyper)links that refer to the websites, products and services of partners, suppliers, advertisers, sponsors, licensors or other third parties. We do not control the content or links that appear on these websites and we are not responsible for the practices employed by websites linked to or from our Website. In addition, these websites, products and services, including their content and links, may be constantly changing. These websites, products and services may have their own privacy statements, terms of use and users have a service policy. Your browsing and all interactions on any other website, including websites linking to or from our Website, are subject to the terms and policies of that website.
Changes to the privacy statement
This Privacy Statement may be changed from time to time. Please check our Privacy Statement regularly. The new Privacy Statement takes effect immediately after publication on our Website. If we make significant changes to our Privacy Statement, we will post this on our Website together with the revised Privacy Statement.
Your rights as a data subject and our contact details
You have the right to...
Access
... obtain confirmation from us as to whether or not we process your personal data and, where this is the case, obtain access to that personal data and certain information, and obtain a copy of that personal data.
Restricting the processing
...to restrict our processing of your personal data under certain circumstances. In such a case, we may still store your personal data, but our use of your personal data will be restricted.
Rectification
... to have your personal data corrected by us if it is incorrect. Under certain circumstances, you also have the right to have incomplete personal data completed by us.
Data transfer
... to receive the personal data you have provided to us in a structured, commonly used and machine-readable format and to transmit that data to another controller without hindrance from us.
Data removal
...have your personal data erased by us under certain circumstances, for example when we no longer need your personal data for the purposes for which we collected or otherwise processed it.
Objection
... object to our processing of your personal data under certain circumstances. You may always object to the processing of your personal data for direct marketing.
You always have the right to lodge a complaint with a data protection supervisory authority if you believe that we are not processing your personal data in accordance with the GDPR. In the Netherlands, the data protection supervisory authority is:
Dutch Data Protection Authority (Autoriteit Persoonsgegevens)
Website: www.autoriteitpersoonsgegevens.nl
If you have any questions about this Privacy Statement or your privacy, you can contact us at privacy@godutch.com or via the contact form on our Website.
Our details
GoDutch B.V.
Papaverhof 59
1032 LX Amsterdam
Nederland
Kamer van Koophandel: 93777981
Cookie Policy
Last updated on 15 May 2025
What are cookies?
Cookies are small (text) files that are stored on your computer. Your web browser stores these cookies when you use our Website godutch.com. When you visit our Website again, these cookies are retrieved so that we recognize you as a previous visitor.
Why do we use cookies?
By using cookies, we can see how our Website is used and how we can optimize our Website and services. Cookies are also useful to make the Website fast and secure. In addition, cookies can be used by us or third parties to show you relevant advertisements based on your interests. See the table below for the specific purposes of each cookie we use.
Can I delete the cookies?
Yes, you can delete the cookies yourself in your internet browser. If you do not want cookies to be sent to your device, you can change this via the cookie settings in the internet browser. Please note that some functions and services on the Website may not function (properly) without cookies.
Your rights
As a data subject, you have the right to request access to the processing of your personal data and to correct or delete your personal data. You can also ask us to restrict the processing of your personal data and to transfer a copy of your personal data to another data controller.
If you would like to make such a request, we ask you to contact us via the contact details at the bottom of this Cookie Statement. To prevent abuse of these rights, we may ask you to identify yourself adequately.
In addition, you can withdraw your consent to use the cookie(s) at any time. From that moment on, we will no longer send the cookie(s) to your device. This does not affect the lawfulness of the processing of personal data through cookie use before you withdraw your consent.
If you believe that we are processing your personal data unlawfully, you can file a complaint with the Dutch Data Protection Authority.
Changes to this cookie statement
This Cookie Statement may be changed from time to time. The most recent version of this Cookie Statement applies. We therefore recommend that you read this Cookie Statement regularly to see if there have been any changes.
Contact details
GoDutch B.V.
Papaverhof 59
1032 LX Amsterdam
The Netherlands
Chamber of Commerce: 93777981