About WebwinkelKeur General conditions
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General terms and conditions
Article 1: Definitions
1. WebwinkelKeur: the organization responsible for the management of the WebwinkelKeur quality mark.
2. Consumer: the natural person not acting in the exercise of a profession or business and buyer of a product or service offered by a member via his web store.
3. (Aspiring) Member(s): the (part of the) company with membership of WebwinkelKeur that offers products and/or services online to consumers and/or companies.
4. Aspirant membership: the membership during the first 4 months from approval of an online store.
5. Applicant: the natural person - or legal entity - also owner of the webshop in question who submits an application for membership to WebwinkelKeur.
6. Partners: the party that WebwinkelKeur actively works with and is listed on the partner list on the WebwinkelKeur website.
7. Webshop: the webshop of the member or applicant.
8. WebwinkelKeur Quality Mark: the quality mark that a member may use once the application for the quality mark has been approved by WebwinkelKeur.
9. Dashboard: the personal login area on the WebwinkelKeur website where an applicant and/or member can manage, apply for and/or change all matters.
10. Inspection: the legal assessment performed by WebwinkelKeur for the admission of a new webshop.
11. Membership/Main Agreement: the agreement between a member and WebwinkelKeur.
12. Code of Conduct: additional conditions for the member which are an integral part of these Terms and Conditions and available on the WebwinkelKeur website.
13. General Terms and Conditions: the present terms and conditions.
14. Processing Agreement: the part of the agreement between (prospective) members and WebwinkelKeur in which specific provisions are included with regard to data processing, insofar as the (prospective) member qualifies as a processing controller.
15. Website: the website of WebwinkelKeur, accessible via: webwinkelkeur.nl
16. Sub-processor: A party that processes personal data on behalf of WebwinkelKeur on the basis of the main agreement is a 'sub-processor'.
Article 2: Applicability of the General Terms and Conditions
1. These General Terms and Conditions apply to all agreements, services as well as all legal relationships between WebwinkelKeur and its applicants, members and/or partners.
2. Any General Terms and Conditions or other conditions of applicants, members and/or partners are explicitly rejected by WebwinkelKeur.
3. These General Terms and Conditions are also written for the employees of WebwinkelKeur and its management.
4. These conditions also apply to agreements for which WebwinkelKeur has to involve third parties.
5. The acceptance and retention by a member and/or partner of an agreement in which reference is made to these General Terms and Conditions, without comment, constitutes agreement to the application of these terms and conditions.
6. If one or more provisions of these General Conditions at any time wholly or partially void or destroyed, the agreement and these conditions for the rest shall remain in force and the provision concerned will be replaced by mutual agreement immediately by a provision that the scope of the original as closely as possible.
7. Situations not provided for in these General Terms and Conditions must be assessed 'in the spirit' of these General Terms and Conditions.
8. Uncertainties regarding the interpretation or content of one or more provisions of our terms and conditions are to be interpreted 'in the spirit' of these General Terms and Conditions.
9. If WebwinkelKeur does not always require strict compliance with these Terms and Conditions, this does not mean that these Terms and Conditions do not apply, or that it loses the right to require strict compliance with these Terms and Conditions in other cases.
10. WebwinkelKeur is entitled to amend or supplement these General Terms and Conditions and its Code of Conduct. Amended conditions or Code of Conduct will be published on the website in a timely manner.
11. Changes necessary due to (legal) rules, policies, regulations, technology, etc. may be made by WebwinkelKeur at any time. Such changes are necessary to provide optimal services.
12. Applicants, members and partners agree to abide by the applicable Code of Conduct and all provisions contained herein.
Article 3 Application WebwinkelKeur
1. An application for membership is made via the application form on the WebwinkelKeur website.
2. The applicant will provide WebwinkelKeur with all data, materials and information that WebwinkelKeur indicates are necessary or that the applicant or member should reasonably understand are necessary for the application and/or proper execution of the inspection in a timely and accurate manner.
3. If the applicant registers a webshop, he/she agrees that the webshop will be inspected as referred to in Article 4 of these General Terms and Conditions and the Code of Conduct.
4. If the applicant fails to provide necessary or requested data, materials or information to WebwinkelKeur in a timely or accurate manner, WebwinkelKeur has the right to suspend the implementation of the application.
5. Applicant warrants the accuracy, completeness and reliability of any data, materials or information provided by or on behalf of it to WebwinkelKeur.
6. Applicant or member will ensure that any data, materials or information provided is free of copyright or other proprietary rights. WebwinkelKeur will never be liable for materials that are not free of copyrights.
7. The applicant is responsible to be aware of the guidelines, code of conduct, policies etc. that are imposed on a webshop.
8. WebwinkelKeur is entitled, without giving reasons, to refuse an application.
9. If an application conflicts with (legal) rules, policy, guidelines, technology etc. WebwinkelKeur is entitled to refuse the application.
10. All information, documents, advice, materials and records are part of an application, unless the parties have agreed otherwise.
11. WebwinkelKeur will not accept applications if the offered services/products and/or webshop:
- have a discriminatory, pornographic, insulting or and threatening content;
- are contrary to public order or morality;
- are illegal and unlawful and whose trade is prohibited;
- infringe on intellectual property rights of third parties;
- contravene laws and regulations.
Article 4 Inspection
1. Before a member may use WebwinkelKeur, the registered webshop will be inspected by WebwinkelKeur.
2. The applicant himself is responsible to inform himself, before registering a webshop, about the guidelines, code of conduct, policies, etc. that are imposed on a webshop.
3. The applicant shall cooperate with the inspection of an application. If the applicant does not cooperate (fully), WebwinkelKeur will not proceed to inspect the webshop. The webshop will then automatically be rejected.
4. Inspection of the webshop will take place preferably within 2 working days after the member has provided all requested information, materials, documents etc. to WebwinkelKeur.
5. The period mentioned in paragraph 4 is indicative. If the inspection does not take place within the period mentioned in paragraph 4, WebwinkelKeur will not be liable or liable for damages.
6. The applicant will receive the result of the (re)inspection by e-mail.
7. If the product is rejected, WebwinkelKeur will try to communicate the reasons and possible points of improvement as accurately as can be reasonably expected.
8. WebwinkelKeur is not obliged to correspond further about a possible rejection.
9. If a web store is rejected during an inspection, the member has to adjust the web store concerned. After adjustment the member can request WebwinkelKeur to re-inspect.
10. A re-inspection can be requested by the applicant via the dashboard or the possibility offered in the email to request a re-inspection.
11. WebwinkelKeur is at all times entitled to adjust the requirements of an inspection.
Article 5 Membership
1. Membership starts immediately after completing and sending the application form.
2. The first 4 months, counting from the approval, is a prospective membership. If during this period the member complies with the Terms and Conditions, the Code of Conduct and there are no complaints about the member, the membership will be converted to a full membership.
3. With an aspirant membership WebwinkelKeur clearly states that it concerns a web store that is relatively new.
4. During the aspirant membership the member is entitled to carry the WebwinkelKeur.
5. WebwinkelKeur has at all times the right, without giving reasons, to refuse a (candidate) membership, even after a webshop has been approved.
6. If an invoice is not paid on time, WebwinkelKeur has the right to suspend the establishment of the (candidate) membership until it has actually received payment from the applicant or member.
7. The member is entitled to use the WebwinkelKeur only for the webshop (URL) that the member has at the time of application.
Article 6 Requirements webshop
1. Given the nature of the services WebwinkelKeur offers, it is at all times entitled to change the requirements set for a webshop.
2. Changes will be communicated to applicants and/or members in writing via e-mail.
3. Changes to an online store have to be implemented by members within 2 months.
4. WebwinkelKeur is entitled to (randomly) check whether webshops meet its requirements. Members agree to such checks being carried out.
5. If during an audit it appears that a webshop does not meet the requirements and/or code of conduct set by WebwinkelKeur, WebwinkelKeur will inform the member concerned by e-mail. The member will be given a reasonable time to improve the webshop. If the member does not correct, complete or timely update the webshop, WebwinkelKeur is entitled to terminate the membership without any refund and without being liable for damages.
Article 7 Obligations of members
1. Changes in contact- and company details have to be notified by members as soon as possible in writing to WebwinkelKeur.
2. Members are responsible to keep themselves informed about legal rules, guidelines, policies etc.
3. All members have to ensure that their products and/or services and their web store meet the requirements as set by WebwinkelKeur, its Terms & Conditions and its Code of Conduct. If a member does not comply, WebwinkelKeur has the right to terminate the membership without being liable for damages.
4. If a member makes changes to important pages of her webshop or makes other structural changes to her webshop, she has to notify WebwinkelKeur in writing.
Article 8 Personal and company data
1. All members and partners agree to the listing of their company details for publication on the WebwinkelKeur website.
2. Members agree with the listing and sharing of their company data for publication and processing on partner sites as found on the WebwinkelKeur website.
Article 9 Purpose of WebwinkelKeur
1. WebwinkelKeur aims to assess the reliability of affiliated webshops and inform about it, this is always based on the legitimate interests of consumer protection. In this context 5 main processes are distinguished:
- performing web shop inspections based on Dutch and European legislation;
- maintaining a register in which all approved web stores are listed for the management of WebwinkelKeur;
- collecting, publishing and moderating customer reviews on orders made in the web store or physical store of affiliated members;
- mediating and documenting disputes between the online store and consumers;
- informing about various important aspects within e-commerce.
Article 10 (Unlawful) Use of the WebwinkelKeur
1. As long as a webshop has not been approved by WebwinkelKeur, the applicant is not entitled to use the WebwinkelKeur.
2. If a membership is terminated by the member himself or by WebwinkelKeur, the member has to remove the mention of the WebwinkelKeur within the webshop.
3. If webshops of members during membership do not comply with the requirements and/or code of conduct WebwinkelKeur is entitled to demand that the webshop (temporarily) removes the WebwinkelKeur.
4. Removal of the WebwinkelKeur must take place as soon as possible, but no later than 7 days after the membership has ended or WebwinkelKeur has demanded the (temporary) removal of the WebwinkelKeur.
5. In case of illegal use of the WebwinkelKeur WebwinkelKeur reserves the right, after warning and request for removal, to impose a fine. Also, if removal is ignored, the abuse will be reported to the government.
6. WebwinkelKeur is also entitled to publish abuse and/or illegal use of the WebwinkelKeur on their website, other channels such as social media and/or third party websites.
Article 11 Complaints
1. In case of any complaints or disputes with members of WebwinkelKeur, the consumer has to submit this to the member concerned. This is exclusively a matter between the customer and the member. If the complaint is not resolved satisfactorily by a member, WebwinkelKeur will make every effort to ensure that the complaint is resolved satisfactorily. WebwinkelKeur has in this respect an obligation of effort and not an obligation of result.
2. The best efforts obligation as mentioned in paragraph 1 of this article only applies if the complaint or dispute did not occur more than twelve months before the time of reporting to WebwinkelKeur.
3. Consumers should preferably communicate with the member in question in writing. All correspondence should be kept by the consumer for the disputes committee.
4. If a solution cannot be found with the member, the consumer can appeal to the Arbitration Board. Disputes will only be handled by the disputes committee if agreement with the member is not possible. The consumer must fill in and submit the dispute form on the website.
5. If the consumer makes a valid appeal to the Disputes Committee, the member will cooperate.
6. By joining WebwinkelKeur the member fully and unconditionally agrees to the rules of procedure of the disputes committee.
7. The Disputes Committee will handle a dispute as referred to in paragraph 4 of this article according to its rules of procedure and will decide by binding advice as referred to in article 7:900 paragraph 1 of the Dutch Civil Code. The decision of the Disputes Committee shall be binding on the parties. If the decision of the Disputes Committee is not complied with (in a timely manner), the beneficiary party may seek compliance from the state court. The government judge can only release the condemned party from being bound by the decision of the disputes committee if the decision is unacceptable in the given circumstances according to standards of reasonableness and fairness.
8. If additional terms and conditions apply in addition to these General Terms and Conditions, the consumer may, in the event of conflicting (general) terms and conditions, always rely on the applicable provision that is most favorable to him/her.
9. WebwinkelKeur can never be held responsible or liable for the actions of its members. The risk of purchase lies entirely with the consumer.
10. WebwinkelKeur mediates when problems arise between consumer and member. However, WebwinkelKeur only has an obligation of effort, not an obligation of result. Complaints about members have to be submitted by the consumer to WebwinkelKeur by e-mail.
11. Complaints about WebwinkelKeur should be made in writing by e-mail. A complaint has to be made within 5 days in writing and motivated to WebwinkelKeur. A complaint will not suspend payment obligations or other obligations, unless WebwinkelKeur has made it clear in writing that the complaint is justified.
12. If a complaint about WebwinkelKeur is justified, WebwinkelKeur has the choice between adjusting the invoice, improving or redoing its services free of charge, or redoing the agreement or services in whole or in part.
13. If WebwinkelKeur receives (multiple) complaints about a member, its services and/or products, WebwinkelKeur has the right to terminate the membership without the right to any refund.
Article 12 Payment, invoicing and collection costs
1. Invoicing of membership will take place in advance, quarterly or annually.
2. Member will receive a periodic invoice, based on the valid term(s) of membership.
3. If a member wishes to pay quarterly, an additional charge will be made.
4. Invoices will be sent by email, unless the parties have agreed otherwise.
5. Objections to the amount of the invoice do not suspend a member's payment obligation.
6. Payment of invoices must be made within 14 days of the invoice date.
7. Payment must be made by bank transfer or payment via iDEAL.
8. If the member fails to pay the amount due within the set period, he will be in default; from the moment of default he will owe interest on the amount due at the statutory interest rate, without prejudice to WebwinkelKeur's other rights.
9. If the member is in default or in breach of one or more of his obligations, all costs involved in obtaining payment, both in and out of court, will be for his account.
10. In case of default in any way WebwinkelKeur has the right to terminate the membership immediately.
11. In case of non-timely payment, the member will, in addition to the amount due and the statutory interest thereon, be obliged to pay in full both extrajudicial and judicial collection costs, including the costs of a lawyer, bailiff and collection agency.
12. The member shall also owe statutory (commercial) interest on the collection costs.
Article 13 Notice and termination of membership
1. A membership will be entered into for the duration of one year.
2. After establishment of a membership, as described in paragraph 1, the duration of that membership cannot be changed before the expiration of 1 year from the moment of establishment.
3. Membership shall, until resignation, be renewed tacitly each time for the same length of time.
4. Contrary to paragraph 3, after expiry of 1 year from the moment of formation, as referred to in paragraph 2, Member may choose to extend the membership for a period of 3 months instead of 1 year. If Member chooses to renew the membership for a period of 3 months, the membership is tacitly renewed each time for the same duration, until revocation.
5. Termination is possible before the end of a current quarter or year. Membership may be cancelled by the member in writing by post, e-mail or preferably via the dashboard, subject to the notice period referred to in paragraph 3. During this notice period the member is bound to all provisions resulting from the membership.
6. Termination of membership does not release the member from all applicable provisions resulting from the membership. All orders placed during membership remain subject to the terms and conditions and code of conduct.
7. Termination of membership does not entitle the member to restitution of (part of) amounts already invoiced.
8. If a member does not properly or timely comply with any obligations resulting from membership, these conditions and the Code of Conduct, WebwinkelKeur has the right to terminate the membership partly or completely, without being liable for damages. Nor will it refund any compensation to the member upon termination of membership.
Article 14 Suspension, dissolution and early termination
1. WebwinkelKeur is entitled to suspend the fulfilment of its obligations or terminate the membership if:
- The applicant, member and/or partner does not or not fully comply with its obligations;
- WebwinkelKeur has become aware of circumstances that give it good reason to fear that the applicant, member and/or partner will/can not fulfil their obligations.
2. If WebwinkelKeur proceeds with suspension or termination, it is in no way liable to compensate the applicant, member and/or partner for any damage and costs incurred as a result.
3. If membership is terminated by WebwinkelKeur, its claims are immediately due and payable.
4. In case of liquidation, bankruptcy, suspension of payment, debt restructuring, seizure, if and insofar as the seizure has not been abandoned within 3 months, or any other circumstance as a result of which the applicant, member and/or partner can no longer dispose freely of their own assets, WebwinkelKeur has the right to terminate the membership immediately and with immediate effect, or to cancel the application of the applicant, without any obligation to pay damages or compensation. WebwinkelKeur's claims will in that case be immediately due and payable.
Article 15 Intellectual property
1. All copyrights and other intellectual property rights remain with WebwinkelKeur, unless the parties have agreed otherwise in writing.
2. WebwinkelKeur expressly retains all intellectual property rights to its website and WebwinkelKeur.
Article 16 Liability
1. Any liability of WebwinkelKeur is limited to what is stipulated in these General Terms and Conditions.
2. WebwinkelKeur is not liable for damages of any kind that arise from incorrect and/or incomplete information provided by or on behalf of the applicant, member and/or partner.
3. WebwinkelKeur is never liable for any shortcomings in compliance by its members and/or partners or defects in products/services offered by its members and/or partners.
4. WebwinkelKeur takes all measures, as can reasonably be expected of it, to check the webshops of its members, but cannot be held liable for this by consumers.
5. WebwinkelKeur is not liable for the proper functioning of its website.
6. WebwinkelKeur is only liable for direct damage. Direct damage is understood to mean:
- reasonable costs incurred to make the faulty performance of WebwinkelKeur conform to the agreement, in so far as these can be attributed to WebwinkelKeur;
- reasonable costs to determine the cause and extent of the (direct) damage;
- reasonable costs incurred to prevent or limit the damage, in so far as the advertiser can demonstrate that these costs have led to a limitation of the direct damage.
7. WebwinkelKeur is not liable for indirect damage. This includes:
- lost profit;
- missed savings;
- consequential damage;
- reputational damage;
- disappointed expectations;
- business or other stagnation.
8. Insofar as WebwinkelKeur is liable for not, not timely or not properly fulfilling the contract, its liability is limited to a maximum of twice the invoice amount of a chosen period. In any case, WebwinkelKeur's liability is limited to the amount paid out by the insurer in the relevant case.
9. Any liability of WebwinkelKeur expires after 1 year. Failing this any right to compensation will lapse.
10. WebwinkelKeur is not liable in case of force majeure.
11. The limitations in this article do not apply if the damage is due to intent or gross negligence of WebwinkelKeur.
Article 17 Force majeure
1. The parties are not bound to comply with any obligation if this is the result of a circumstance that is not due to negligence and not due to the law, legal act or generally accepted practice.
2. In these General Conditions, force majeure means, in addition to what is understood in this respect in the law and jurisprudence, all external causes, foreseen or unforeseen, which parties can not influence, but through which they are unable to fulfill their obligations. This includes strikes at the company of WebwinkelKeur, its suppliers and other third parties.
3. WebwinkelKeur has the right to invoke force majeure if the circumstances preventing (further) compliance with the agreement arise after WebwinkelKeur should have fulfilled its commitment.
4. WebwinkelKeur has the right, during the period of force majeure, to suspend its obligations under the agreement. If this period lasts longer than 6 weeks, both the applicant, member or partner and WebwinkelKeur are entitled to dissolve the agreement, without any obligation to compensate the other party for damages suffered.
5. WebwinkelKeur is not responsible for situations of force majeure, such as strikes at the postal service or telephone service, internet provider or power failure.
Article 18 Processing of personal data
1. In the context of membership, Webwinkelkeur processes personal data of applicant(s), (prospective) members and consumers. All these processing operations are subject to the provisions of the processing agreement. This processor agreement is part of the agreement between the (prospective) member and WebwinkelKeur.
2. When entering into the agreement the (prospective) member undertakes to add to his own privacy statement a provision making it clear to visitors and customers of his webshop that his email address, the given name and the customer number/order number will be shared with WebwinkelKeur for the purpose of sending a personalized email to the visitor or customer inviting him to leave a review on the member page of the (prospective) member after completion of the order.
3. WebwinkelKeur may choose to provide a standard clause to the (prospective) member. The (prospective) member undertakes to include this standard clause (or a clause with identical purport) in his privacy statement.
Article 19 Applicable law and competent court
1. All agreements, memberships, applications, services, disputes and invoices are exclusively governed by Dutch law, even if an applicant, member or partner is based or residing abroad.
2. The applicability of the Vienna Sales Convention is excluded.
3. All disputes between WebwinkelKeur and an applicant, member or partner will be mutually resolved before it is submitted to the competent court.
4. Disputes between WebwinkelKeur and an applicant, member or partner that cannot be solved by mutual agreement will only be submitted to the competent court in Overijssel, unless otherwise required by law.
5. Parties have the right to submit the dispute to an independent arbitration institute or mediator.
Processing Agreement
Version 2.2, date: 22 May 2020
This processing agreement and the subprocessor page(https://www.webwinkelkeur.nl/kennisbank/over-webwinkelkeur/algemene-voorwaarden-leden/subverwerkers) referred to at several points in this document are a supplement to the main agreement between the (prospective) member and WebwinkelKeur. When you use our services you have to agree to our terms and conditions, processor agreement and the provisions on the subprocessor page.
The sub-processor page is a page with an overview of all the sub-processors we use to provide your membership.
If you are a member of WebwinkelKeur, we assess the reliability of your online store. We then use our judgment to inform customers, visitors and other interested parties about your reliability.
To assess the reliability of your online store we process personal data that you provide us. In this processing agreement is recorded how we deal with the personal data you provide us, this processing agreement is part of the main agreement. The main agreement is the agreement on the basis of which the personal data is processed.
What do we mean by personal data?
Any information about a natural person that could be identified by that information. For example, a name, phone number, identification number, ip address or physical characteristics.
Who has what role?
The consumer, employee, or, for example, employee of a supplier is, the data subject. Any natural person to whom the personal data to be processed relates.
- You (the online store) is, the data controller. You determine the purpose of and the means for processing personal data.
- We (WebwinkelKeur) are, the processor. We process personal data on behalf of the web store.
- Our partners are, sub-processors. Parties that process personal data on behalf of WebwinkelKeur for the benefit of the web store based on the main agreement.
When is this processor agreement valid?
This processor agreement is an addition to the main agreement between the webshop and WebwinkelKeur.
If the main agreement between the Webstore and WebwinkelKeur, including the applicable general conditions, already contains provisions regarding the protection and processing of personal data and/or data security, the applicability of those provisions will lapse and the provisions in this processor agreement will replace them.
This processing agreement commences at the time of (digital) signature and continues as long as personal data are processed pursuant to the purpose of the main agreement. It is also valid when registering for our service and agreeing to our main agreement. In the event that the main agreement ends, data will be deleted unless an applicable data retention period is present. Such a retention period may result, for example, from our aim to assess the reliability of a web store even after a main agreement with this web store has ended. Upon request, data can then be anonymized.
For what purpose do we process personal data?
And how do we do that?
We process the personal data we receive from you for the purpose of assessing the reliability of your store and informing consumers and interested parties about it. In this context we can distinguish four main processes:
- Conducting an inspection about the web store based on the European legislation.
- A register in which we record all inspected web stores for the management of the label
- We collect, publish and moderate customer reviews about your webshop.
- We mediate and document disputes between you and your customer.
Hallmark registry (how you are listed in our system)
- To inform consumers whether you are certified by us, we keep track of whether your store has been inspected and whether your membership is still active or valid.
- Personal data we store in this register are: the name of the contact person, the Chamber of Commerce number, the VAT number, the business address, telephone number and e-mail address.
- We process these personal data for the purpose of exercising the main agreement with you.
- We consider the risk of processing this personal data to be low.
- Correspondence is sent via e-mail (partners: SupportBee & Mailchimp). We send invoices via an accounting program (Moneybird). We store the data on a secure database, the server is in the Netherlands.
- We store this data indefinitely. We consider this necessary from the point of view of informing consumers about the validity of the label. Upon request we can anonymize the personal data from the register.
Hallmark - provision of information
- To help you increase the reliability of your online store and keep up to date with new legislation, we publish a monthly newsletter.
- To send the newsletter we process the following personal data: your name and your e-mail address.
- We process these personal data in the performance of the main agreement with you.
- We consider the risk of processing this personal data to be low.
- Correspondence is sent via e-mail (partner: MailChimp).
- We keep this data for as long as the subscription to our newsletter runs. You can unsubscribe from our newsletter in the received e-mail.
Customer reviews - the invitation
- To inform consumers about the quality of your web store, you can invite customers to leave a review about your web store. We will then send an email to your customers on your behalf and publish the review. This can be done, through settings, via our email address or an email address chosen by you.
- To send the invitation we process the following personal data: consumer name, email address and order number. Optionally, the phone number and ordered products may also be processed, for example, for sending a mobile invitation and/or collecting product reviews.
- You are obliged to inform your customers that you share personal data with us for sending the invitations.
- We consider the risk of processing this personal data to be medium.
- Invitations are sent via e-mail (partner: Mandrill). We store this data on a secure database, the server is in the Netherlands. A secure backup is located in Switzerland.
- We keep this data for 3 years. We consider this necessary to give you statistics about the invitations sent and to prevent a single consumer writing several reviews about your web store. In this way we also try to protect you from reviews by your competitors.
Customer reviews - the rating
- We publish the reviews about your online store that have been submitted by your customers on your member page. If a remarkable or offensive review has been left, you can ask us to edit or remove the review through a moderation request. If you do this, in most cases we will contact the person who left the review on your behalf.
- To publish and manage reviews, we process the following personal data: review text, consumer name, ip address, email address. Optionally, the phone number and products ordered can also be processed. An order number is requested but not required.
- The consumer gives us permission to process and publish this personal data when issuing the review.
- We consider the risk of processing this personal data medium.
- Correspondence is sent via email (partners: Mandrill & SupportBee). We store this data on a secure database, the server is in the Netherlands. A secure backup is located in Switzerland.
- We keep this data indefinitely. We consider this necessary from the point of view of informing the consumer about the reliability of your web store. At the request of the consumer we can remove the review. The consumer is able to modify or remove his/her review himself/herself.
Mediating in disputes
- Sometimes we mediate between you and your customer. We contact both parties with the aim of reaching a joint solution to the dispute. If that fails, the consumer is given the choice to report the dispute to an independent lawyer from DigiDispute. In that case, we share all available information from you and your client with DigiDispuut in order to render an opinion, before this information is shared with DigiDispuut we will contact you and your client about this.
- For dispute mediation, we process the following personal data: the name of the contact person, address, telephone number, email address, substantive information about the nature of the dispute and the desired resolution of the dispute.
- We process these personal data for the purpose of dispute mediation on behalf of the consumer. And insofar as it concerns personal data from you in the exercise of the main agreement with you.
- We consider the risk of processing this personal data to be above average.
- Correspondence including any judgment will be sent via email (partners: SupportBee & Mandrill. In case of a legal judgment: DigiDispute). We store this data on a secure database, the server is in the Netherlands. A secure backup is located in Switzerland.
- We keep this data indefinitely. We consider this necessary to be able to give an opinion in the future about the reliability of your web store. On request we can anonymize the personal data.
Sharing of data
The data you share with us is important, and so should our partners. We share personal data with the partners mentioned in the previous article. All process their data only within the EU, take the necessary steps for adequate data protection or if they process outside the EU they have signed a model contract with us (SCC's).
Without your explicit written consent, we may not share data with a partner that processes the data in a country outside the EU, does not take adequate steps for data security or if partner is located outside the EU has not entered into a model contract (SCCs)
Thus, we ensure that data is also processed with our partners in the correct way, and the necessary steps are taken to secure it properly.
Security measures
We handle the personal data we process with care. To prevent any processing that does not fit within the purpose of this agreement, we have implemented at least the following security measures:
- Network connections for our computer systems through which data processing takes place are secured via SSL encryption (128 bits).
- If a remote connection is established to a computer system with which data processing takes place, access is secured.
- Access to the computer systems through which data processing occurs is secured by a username and password.
- We maintain a strong password policy. Each password shall have at least 8 characters, at least 1 letter, at least 1 number at least 1 symbol and shall not have any previously given information.
- All computer systems used for data processing have a reliable virus scanner that is up-to-date at all times.
- Mobile data carriers, if used, are protected against reading by means of a password.
- No personal data are stored on private computers.
- Backups are kept available by default for the term of one year. Our backup files are not directly readable.
- All our employees, trainees, freelancers, partners and other third parties are bound by confidentiality. This is only waived with your express written consent or if the law requires us to share the data.
- Unattended data carriers are stored in a safe.
- Old and unnecessary documents will be destroyed in an accurate manner.
Monitoring by you
If you have a reasonable suspicion that we are not handling personal data as stated in this agreement you have the right to have an audit conducted.
If you wish to have an audit carried out, you must give us at least 14 days' notice in writing. If the date does not fit our schedule we will suggest an alternative date.
The auditor must be a member of Norea (professional organization of IT auditors), or must meet the same quality standards that Norea sets for its members.
The cost of the auditor and the cost of employees of ours will be at your expense.
Data breach
- The website containing login information has been hacked or become accessible to third parties.
- The loss of a data carrier containing personal data.
- Letters or e-mails containing personal data have been sent to an incorrect address.
- An attack by means of a hack on the ICT system containing personal data has occurred.
Related
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