The general terms and conditions and processor agreement of WebwinkelKeur can be downloaded in PDF format. If you are unable to open the file, please download Adobe Reader first. If you have any questions about our general terms and conditions, please contact us via our contact page
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Article 1: Definitions
- WebwinkelKeur: the organization responsible for managing the WebwinkelKeur quality mark.
- Consumer: the natural person who is not acting in the course of a profession or business and who purchases a product or service offered by a member through its online store.
- (Prospective) Member(s): the (part of the) company with WebwinkelKeur membership that offers products and/or services online to consumers and/or companies.
- Prospective membership: membership during the first 4 months from the approval of a web store.
- Applicant: the natural or legal person who is also the owner of the online store in question and who submits an application for membership to WebwinkelKeur.
- Partners: the party with which WebwinkelKeur actively collaborates and which is listed on the partner overview on the WebwinkelKeur website.
- Online store: the online store of the member or applicant.
- WebwinkelKeur quality mark: The quality mark that a member may use once the application for the quality mark has been approved by WebwinkelKeur.
- Dashboard: the personal login area on the WebwinkelKeur website where an applicant and/or member can manage, request, and/or change all matters.
- Inspection: the legal assessment carried out by WebwinkelKeur for the admission of a new web store.
- Membership/Main Agreement: the agreement between a member and WebwinkelKeur.
- Code of Conduct: Additional conditions for the member that form an integral part of these conditions and are available on the WebwinkelKeur website.
- General Terms and Conditions: these terms and conditions.
- Processing Agreement: the part of the agreement between (prospective) members and WebwinkelKeur that contains specific provisions regarding data processing, insofar as the (prospective) member can be qualified as a controller.
- Website: the WebwinkelKeur website, accessible via: webwinkelkeur.nl
- 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
- These General Terms and Conditions apply to all agreements, services, and legal relationships between WebwinkelKeur and its applicants, members, and/or partners.
- Any General Terms and Conditions or other conditions of applicants, members, and/or partners are expressly rejected by WebwinkelKeur.
- These General Terms and Conditions have also been written for the employees of WebwinkelKeur and its management.
- The present terms and conditions also apply to agreements for which WebwinkelKeur must engage third parties for the execution.
- The acceptance and retention by a member and/or partner without comment of an agreement to which these General Terms and Conditions are referred to constitutes agreement to the application of these terms and conditions.
- If one or more provisions in these General Terms and Conditions are at any time wholly or partially invalid or void, the agreement and these terms and conditions will remain in force for the rest and the provision in question will be replaced immediately by mutual agreement with a provision that approximates the meaning of the original as closely as possible.
- Situations not covered by these General Terms and Conditions must be assessed in accordance with the spirit of these General Terms and Conditions.
- Any ambiguities regarding the interpretation or content of one or more provisions of our terms and conditions must be interpreted 'in the spirit' of these General Terms and Conditions.
- If WebwinkelKeur does not always require strict compliance with these General Terms and Conditions, this does not mean that these General Terms and Conditions do not apply, or that it loses the right to require strict compliance with these General Terms and Conditions in other cases.
- WebwinkelKeur is entitled to amend or supplement these General Terms and Conditions and its Code of Conduct. Amended terms and conditions or code of conduct will be published on the website in a timely manner.
- Changes that are necessary in connection with (legal) rules, policy, regulations, technology, etc. may be implemented by WebwinkelKeur at any time. Such changes are necessary in order to provide optimal services.
- Applicants, members, and partners declare that they will comply with the applicable Code of Conduct and all provisions contained therein.
Article 3 WebwinkelKeur application
- An application for membership is made using the registration form on the WebwinkelKeur website.
- The applicant must provide WebwinkelKeur with all data, materials, and information that WebwinkelKeur indicates are necessary or that the applicant or member should reasonably understand to be necessary for the application and/or proper execution of the inspection in a timely and accurate manner.
- If the applicant registers a web store, they agree that the web store will be inspected as referred to in Article 4 of these General Terms and Conditions and the Code of Conduct.
- If the applicant fails to provide WebwinkelKeur with the necessary or requested data, materials, or information, or fails to do so in a timely or accurate manner, WebwinkelKeur has the right to suspend the registration process.
- The applicant guarantees the accuracy, completeness, and reliability of the data, materials, or information provided to WebwinkelKeur by or on behalf of the applicant.
- The applicant or member shall ensure that the data, materials, or information provided are free of copyrights or other property rights. WebwinkelKeur is never liable for materials that are not free of copyrights.
- The applicant is responsible for informing themselves of the guidelines, code of conduct, policy, etc. that apply to a web store.
- WebwinkelKeur is entitled to refuse an application without giving reasons.
- If an application is in violation of (legal) rules, policies, guidelines, technology, etc., WebwinkelKeur is entitled to refuse the application.
- All data, documents, advice, materials, and records form part of an application, unless the parties have agreed otherwise.
- WebwinkelKeur will not process applications if the services/products and/or online store offered:
- have a discriminatory, pornographic, offensive, or threatening nature;
- are contrary to public order or morality;
- are illegal and unlawful and whose trade is prohibited;
- infringe on the intellectual property rights of third parties;
- are contrary to laws and regulations.
Article 4 Inspection
- Before a member is allowed to use WebwinkelKeur, the registered web shop will be inspected by WebwinkelKeur.
- Before registering a web store, the applicant is responsible for familiarizing themselves with the guidelines, code of conduct, policy, etc. that apply to a web store.
- The applicant shall cooperate with the inspection of an application. If the applicant does not cooperate (fully), WebwinkelKeur will not proceed with the inspection of the web store. The web store will then be automatically rejected.
- The online store will preferably be assessed within two working days after the member has provided WebwinkelKeur with all the requested information, materials, documents, etc.
- The period referred to in paragraph 4 is indicative. If the assessment does not take place within the period referred to in paragraph 4, WebwinkelKeur is not liable or liable for damages.
- The applicant will receive the result of the (re)inspection by email.
- In the event of a rejection, WebwinkelKeur will endeavor to communicate the reasons and any points for improvement as accurately as can reasonably be expected.
- WebwinkelKeur is not obliged to correspond further about any rejection.
- If a web store is rejected during an inspection, the member must modify the web store in question. After modification, the member can request WebwinkelKeur to conduct a re-inspection.
- A re-inspection can be requested by the applicant via the dashboard or the option provided in the email to request a re-inspection.
- WebwinkelKeur is entitled to adjust the requirements of an inspection at any time.
Article 5 Establishment of membership
- Membership commences immediately after completing and submitting the registration form.
- The first 4 months, calculated from the date of approval, constitute a provisional membership. If the member complies with the General Terms and Conditions and the Code of Conduct during this period and there are no complaints about the member, the membership will be converted to a full membership.
- In the case of a provisional membership, WebwinkelKeur clearly states that the online store is relatively new.
- During the probationary membership, the member is entitled to use the WebwinkelKeur logo.
- WebwinkelKeur has the right at all times, without giving reasons, to refuse a (prospective) membership, even after a web store has been approved.
- If an invoice is not paid on time, WebwinkelKeur has the right to suspend the (prospective) membership until it has actually received payment from the applicant or member.
- The member is entitled to use WebwinkelKeur solely for the online store (URL) that the member has at the time of registration.
Article 6 Online store requirements
- Given the nature of the services offered by WebwinkelKeur, it is entitled to change the requirements for a web store at any time.
- Changes will be communicated to applicants and/or members in writing via email.
- Changes to a web store must be implemented by members within two months.
- WebwinkelKeur is entitled to check (at random) whether web shops comply with the requirements it has set. Members agree to such checks being carried out.
- If, during a check, it appears that a web store does not meet the requirements and/or code of conduct set by WebwinkelKeur, it will inform the member concerned of this by email. The member will be given a reasonable period of time to improve the web store. If the member does not correct the online store in question correctly, completely, or in a timely manner, WebwinkelKeur is entitled to terminate the membership without any refund and without being liable for damages.
Article 7 Obligations of members
- Members must notify WebwinkelKeur in writing as soon as possible of any changes to their contact and company details.
- Members are responsible for keeping themselves informed of the legal rules, guidelines, policies, etc.
- All members must ensure that their products and/or services and their online store comply with the requirements set by WebwinkelKeur, its General Terms and Conditions, and its Code of Conduct. If a member fails to comply with these requirements, WebwinkelKeur has the right to terminate the membership without being liable for damages.
- If a member makes changes to important pages of its online store or other structural changes to its online store, it must report this in writing to WebwinkelKeur.
Article 8 Personal and company data
- All members and partners agree to the publication of their company data on the WebwinkelKeur website.
- Members agree to the publication and sharing of their company data for publication and processing on partner sites as found on the WebwinkelKeur website.
Article 9 Purpose of WebwinkelKeur
- conducting online store inspections based on Dutch and European legislation;
- maintaining a register of all inspected online stores for the management of WebwinkelKeur;
collecting, publishing, and moderating customer reviews of orders placed in the online store or physical store of affiliated members;
- mediating and documenting disputes between the online store and the consumer;
- providing information about various important aspects of e-commerce.
Article 10 (Unlawful) Use of WebwinkelKeur
- As long as an online store has not been approved by WebwinkelKeur, the applicant is not entitled to use the WebwinkelKeur label.
- If a membership is terminated by the member themselves or by WebwinkelKeur, the member must remove the WebwinkelKeur reference from their online store.
- If members' online stores do not meet the requirements and/or code of conduct during their membership, WebwinkelKeur is entitled to demand that the online store (temporarily) remove the WebwinkelKeur.
- The removal of the WebwinkelKeur must take place as soon as possible, but no later than 7 days after the membership has been terminated or WebwinkelKeur has demanded that the WebwinkelKeur be (temporarily) removed.
- In the event of unlawful use of the WebwinkelKeur, WebwinkelKeur reserves the right to impose a fine after issuing a warning and requesting removal. Furthermore, if removal is ignored, the abuse will be reported to the authorities.
- WebwinkelKeur is also entitled to publish any misuse and/or unlawful use of WebwinkelKeur on its website, other channels such as social media, and/or third-party websites.
Article 11 Complaints
- In the event of any complaints or disputes with members of WebwinkelKeur, the consumer must submit these 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 endeavor to resolve the complaint satisfactorily. WebwinkelKeur has an obligation of effort in this regard and no obligation of result.
- The best efforts obligation as referred to in paragraph 1 of this article only applies if the complaint or dispute occurred no more than twelve months prior to the moment of reporting to WebwinkelKeur.
- Consumers should preferably communicate with the member concerned in writing. All correspondence must be kept by the consumer for the possible involvement of the disputes committee.
- If no solution can be reached with the member, the consumer can appeal to the disputes committee. Disputes will only be dealt with by the disputes committee if agreement with the member is not possible. To do so, the consumer must complete and submit the dispute form on the website.
- If the consumer makes a valid appeal to the disputes committee, the member will cooperate.
- By becoming a member of WebwinkelKeur, the member fully and unconditionally agrees to the rules of procedure of the disputes committee.
- The disputes committee will handle a dispute as referred to in paragraph 4 of this article on the basis of its rules of procedure and will decide by means of a binding opinion as referred to in Article 7:900(1) of the Civil Code. The decision of the disputes committee is binding on the parties. If the decision of the disputes committee is not complied with (in a timely manner), the beneficiary party may demand compliance from the public court. The court may only release the party found liable from its obligation to comply with the decision of the disputes committee if the decision is unacceptable in the given circumstances according to standards of reasonableness and fairness.
- If, in addition to these General Terms and Conditions, additional terms and conditions apply, the consumer may, in the event of conflicting (general) terms and conditions, always invoke the applicable provision that is most favorable to him/her.
- WebwinkelKeur can never be held responsible or liable for the actions of its members. The risk of purchase lies entirely with the consumer.
- WebwinkelKeur mediates when problems arise between consumers and members. However, WebwinkelKeur only has an obligation to perform to the best of its ability and not an obligation to achieve a specific result. Complaints about members must be submitted by consumers to WebwinkelKeur by email.
- Complaints about WebwinkelKeur must be submitted in writing by email. A complaint must be submitted to WebwinkelKeur in writing, stating the reasons, within 5 days. A complaint does not suspend the payment obligations or other obligations, unless WebwinkelKeur has stated in writing that the complaint is justified.
- If a complaint about WebwinkelKeur is justified, WebwinkelKeur has the choice between adjusting the invoice, improving or re-performing its services free of charge, or re-performing the agreement or services in whole or in part.
- If WebwinkelKeur receives (multiple) complaints about a member, its services, and/or products, WebwinkelKeur is entitled to terminate the membership without any right to a refund.
Article 12 Payment, invoicing, and collection costs
- Membership is invoiced in advance, either quarterly or annually.
- Members will receive a periodic invoice based on the valid term(s) of membership.
- If a member wishes to pay quarterly, an additional surcharge will be applied.
- Invoices will be sent by email, unless the parties have agreed otherwise.
- Objections to the amount of the invoice do not suspend a member's payment obligation.
- Invoices must be paid within 14 days of the invoice date.
- Payment must be made by bank transfer or iDEAL.
- If payment of the amount due is not made within the specified period, the member is in default; from the moment of default, the member owes interest on the amount due at the statutory (commercial) interest rate, without prejudice to the other rights of WebwinkelKeur.
- If the member is in default or fails to fulfill one or more of his obligations, all costs incurred in obtaining satisfaction, both in and out of court, will be for his account.
- In the event of default in any way whatsoever, WebwinkelKeur has the right to terminate the membership immediately.
- In the event of late payment, the member shall be obliged to pay, in addition to the amount due and the statutory interest accrued thereon, full compensation for both the extrajudicial and judicial collection costs, including the costs of a lawyer, bailiff, and collection agency.
- The member is also liable for the statutory (commercial) interest on the collection costs.
Article 13 Termination and cancellation of membership
- Membership is initially entered into for a period of 1 year.
- After a membership has been established, as described in paragraph 1, the duration of that membership cannot be changed for a period of one year from the moment of establishment.
- The membership will be tacitly renewed for the same duration until further notice.
- Contrary to paragraph 3, after one year from the date of commencement, as referred to in paragraph 2, the Member may choose to extend the duration of the membership by a period of three months instead of one year. If the Member chooses to extend the membership for a period of 3 months, the membership will be tacitly renewed for the same duration until further notice.
- Termination is possible before the end of a current quarter or year. Membership can be terminated by the member in writing by post, email, or preferably via the dashboard, subject to the notice period referred to in paragraph 3. During this notice period, the member is bound by all provisions arising from the membership.
- Termination of membership does not exempt the member from all applicable provisions arising from membership. The terms and conditions and code of conduct remain applicable to all orders placed during membership.
- Termination of membership does not entitle the member to a refund of (part of) any amounts already invoiced.
- If a member fails to properly fulfill any obligations arising from membership, these terms and conditions, and the Code of Conduct, or fails to do so within a set period of time or otherwise in a timely manner, WebwinkelKeur is entitled to terminate the membership in whole or in part, without being liable for damages. Furthermore, upon termination of the membership, it will not reimburse the member.
Article 14 Suspension, dissolution, and interim termination
- WebwinkelKeur is entitled to suspend the fulfillment of its obligations or to terminate the membership if:
- The applicant, member, and/or partner fails to fulfill their obligations in whole or in part;
- WebwinkelKeur has become aware of circumstances that give it good reason to fear that the applicant, member, and/or partner will not or cannot fulfill their obligations.
- If WebwinkelKeur proceeds with suspension or termination, it is in no way obliged to compensate the applicant, member, and/or partner for any damage and costs incurred as a result.
- If the membership is terminated by WebwinkelKeur, its claims will become immediately due and payable.
- In the event of liquidation, bankruptcy, suspension of payments, debt restructuring, seizure, if and insofar as the seizure has not been lifted within 3 months, or other circumstances as a result of which the applicant, the member and/or partner can no longer freely dispose of their own assets, WebwinkelKeur has the option to immediately terminate the membership or cancel the applicant's application, without any obligation to pay compensation or damages. In that case, WebwinkelKeur's claims are 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 reserves all intellectual property rights to its website and WebwinkelKeur.
Article 16 Liability
1. Any liability on the part of WebwinkelKeur is limited to what is stipulated in these General Terms and Conditions.
2. WebwinkelKeur is not liable for damage of any kind arising from WebwinkelKeur relying on 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 the performance of its members and/or partners or defects in products/services offered by its members and/or partners.
4. WebwinkelKeur takes all measures that can reasonably be expected of it to monitor the online stores of its members, but it 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 ensure that WebwinkelKeur's defective performance complies with the agreement, insofar as this can be attributed to WebwinkelKeur;
• reasonable costs incurred to determine the cause and extent of the (direct) damage;
• reasonable costs incurred to prevent or limit the damage, insofar as the advertiser demonstrates that these costs have led to a limitation of the direct damage.
7. WebwinkelKeur is not liable for indirect damage. This includes:
• lost profits;
• lost savings;
• consequential damage;
• damage to reputation;
• disappointed expectations;
• business or other types of stagnation.
8. Insofar as WebwinkelKeur is liable for the non-performance, late performance, or improper performance of the agreement, its liability is limited to a maximum of twice the invoice amount for a selected period. In any case, WebwinkelKeur's liability is limited to the amount paid out by the insurer in the case in question.
9. Any liability on the part of WebwinkelKeur expires after one year. Failure to do so will result in the loss of any right to compensation.
10. WebwinkelKeur is not liable in the event of force majeure.
11. The limitations included in this article do not apply if the damage is due to intent or gross negligence on the part of WebwinkelKeur.
Article 17 Force majeure
1. The parties are not obliged to fulfill any obligation if this is the result of a circumstance that is not attributable to fault and is not for their account under the law, legal act, or generally accepted practice.
2. In these General Terms and Conditions, force majeure is understood to mean, in addition to what is understood in this regard in law and case law, all external causes, foreseen or unforeseen, over which the parties have no influence, but as a result of which they are unable to fulfill their obligations. This includes strikes at WebwinkelKeur, its suppliers, and other third parties.
3. WebwinkelKeur has the right to invoke force majeure if the circumstances that prevent (further) fulfillment of the agreement occur after WebwinkelKeur should have fulfilled its obligation.
4. WebwinkelKeur has the right to suspend the obligations under the agreement for the duration of the force majeure. If this period lasts longer than 6 weeks, both the applicant, the member or the partner and WebwinkelKeur are entitled to terminate the agreement without any obligation to compensate the other party for the damage 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. The provisions of the processing agreement apply to all such processing. This processing agreement forms part of the agreement between the (prospective) member and WebwinkelKeur.
2. Upon entering into the agreement, the (prospective) member undertakes to add a provision to its own privacy statement that makes it clear to visitors and customers of its online store that its email address, the name provided, and the customer number/order number will be shared with WebwinkelKeur for the purpose of sending a personalized email to the visitor or customer after completing the order, inviting them to leave a review on the member page of the (prospective) member.
3. WebwinkelKeur may choose to make a standard provision available to the (prospective) member. The (prospective) member undertakes to include this standard provision (or a provision with an identical meaning) in its privacy statement.
Article 19 Applicable law and competent court
1. All agreements, memberships, applications, services, disputes, and invoices are governed exclusively by Dutch law, even if an applicant, member, or partner is based or resides abroad.
2. The applicability of the Vienna Sales Convention is excluded.
3. All disputes between WebwinkelKeur and an applicant, member, or partner will be attempted to be settled between the parties before being submitted to the competent court.
4. Disputes between WebwinkelKeur and an applicant, member, or partner that cannot be resolved by mutual agreement will be submitted exclusively to the competent court within the district court of Overijssel, unless the law prescribes otherwise.
5. The parties have the right to submit the dispute to an independent arbitration institute or mediator.
Processing agreement
Version 2.2, date: May 22, 2020
This processing agreement and the sub-processor page (https://www.webwinkelkeur.nl/kennisbank/over-webwinkelkeur/algemene-voorwaarden-leden/subverwerkers), which is referred to several times in this document, supplement the main agreement between the (prospective) member and WebwinkelKeur. When you use our services, you must agree to our terms and conditions, processing agreement, and the provisions on the subprocessor page.
The sub-processor page is a page with an overview of all sub-processors we use to offer your membership.
If you are affiliated with WebwinkelKeur, we will assess the reliability of your online store. We will then inform customers, visitors, and other interested parties about your reliability based on our assessment.
In order to assess the reliability of your online store, we process the personal data you provide to us. This processing agreement sets out how we handle the personal data you provide to 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?
All information about a natural person that could be used to identify that person. Examples include a name, telephone number, identification number, IP address, or physical characteristics.
Who has which 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) are the controller. You determine the purpose and means of processing personal data.
• We (WebwinkelKeur) are the processor. We process personal data on behalf of the online store.
• Our partners are sub-processors. Parties that process personal data on behalf of WebwinkelKeur for the benefit of the online store on the basis of the main agreement.
When is this processing agreement valid?
This processing agreement supplements the main agreement between the online store and WebwinkelKeur.
If the main agreement between the online store and WebwinkelKeur, including the applicable terms and conditions, already contains provisions regarding the protection and processing of personal data and/or data security, the applicability thereof lapses and is replaced by the provisions of this processing agreement.
This processing agreement takes effect at the moment of (digital) signing and continues for as long as personal data is processed on the basis of the purpose of the main agreement. This agreement is also valid when registering for our service and agreeing to our main agreement. In the event that the main agreement comes to an end, data will be deleted unless there is an applicable retention period for data. Such a retention period may, for example, arise from our purpose of assessing the reliability of a web store even after a main agreement with this web store has come to an end. 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 online store and informing consumers and interested parties about this. In this context, we can distinguish four main processes:
• Conducting an inspection of the online store based on European legislation.
• Maintaining a register of all inspected online stores for the purpose of managing the quality mark.
• We collect, publish, and moderate customer reviews about your online store.
• We mediate and document disputes between you and your customer.
Quality mark register (how you are listed in our system)
• In order 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.
• The 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 email address.
• We process this personal data in order to perform the main agreement with you.
• We consider the risk of processing this personal data to be low.
• Correspondence is sent via email (partners: SupportBee & Mailchimp). We send invoices via an accounting program (Moneybird). We store the data in a secure database; the server is located in the Netherlands.
• We store this data indefinitely. We consider this necessary from the point of view of providing information to consumers about the validity of the quality mark. Upon request, we can anonymize the personal data in the register.
Quality mark – 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.
• We process the following personal data for the purpose of sending the newsletter: your name and your email address.
• We process this personal data in order to execute the main agreement with you.
• We consider the risk of processing this personal data to be low.
• Correspondence is sent via email (partner: MailChimp).
• We store this data for as long as you are subscribed to our newsletter. You can unsubscribe from our newsletter in the email you receive.
Customer reviews – the invitation
• In order to inform consumers about the quality of your online store, you can invite customers to leave a review of your online 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 of your choice.
• To send the invitation, we process the following personal data: consumer's name, email address, and order number. Optionally, the phone number and products ordered can also be processed, for example, to send a mobile invitation and/or collect product reviews.
• You are obliged to inform your customers that you share personal data with us for the purpose of sending invitations.
• We consider the risk of processing this personal data to be moderate.
• Invitations are sent via email (partner: Mandrill). We store this data in a secure database; the server is located in the Netherlands. A secure backup is located in Switzerland.
• We store this data for 3 years. We consider this necessary in order to provide you with statistics about the invitations sent and to prevent a single consumer from writing multiple reviews about your online store. In this way, we also try to protect you from reviews by your competitors.
Customer reviews – the review
• We publish the reviews of your online store submitted by your customers on your member page. If a remarkable or offensive review has been left, you can ask us to modify or remove the review by submitting a moderation request. If you do so, in most cases we will contact the person who left the review on your behalf.
• We process the following personal data for the purpose of publishing and managing reviews: review text, consumer name, IP address, email address. Optionally, the telephone number and products ordered may also be processed. An order number is requested but is not mandatory.
• The consumer gives us permission to process and publish this personal data when submitting the review.
• We consider the risk of processing this personal data to be moderate.
• Correspondence is sent via email (partners: Mandrill & SupportBee). We store this data in a secure database; the server is located in the Netherlands. A secure backup is located in Switzerland.
• We store this data indefinitely. We consider this necessary from the point of view of providing information to consumers about the reliability of your online store. We can remove the review at the consumer's request. Consumers can edit or delete their own reviews.
Mediation 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 this is not possible, the consumer is given the option of reporting the dispute to an independent lawyer at DigiDispuut. In that case, we will share all available information from you and your customer with DigiDispuut in order to reach a decision. Before sharing this information with DigiDispuut, we will contact you and your customer.
• For dispute mediation, we process the following personal data: the name of the contact person, the address, the telephone number, the email address, substantive information about the nature of the dispute, and the desired solution to the dispute.
• We process this personal data for the purpose of dispute mediation on behalf of the consumer. And insofar as it concerns your personal data, for the purpose of performing the main agreement with you.
• We consider the risk of processing this personal data to be above average.
• Correspondence, including any judgment, is sent by email (partners: SupportBee & Mandrill. In the event of a legal ruling: DigiDispuut). We store this data in a secure database; the server is located in the Netherlands. A secure backup is located in Switzerland.
• We store this data indefinitely. We consider this necessary in order to be able to assess the reliability of your online store in the future. Upon request, we can anonymize the personal data.
Sharing data
The data you share with us is important, and our partners must also recognize this. We share personal data with the partners we have mentioned in the previous article. All of them process their data only within the EU, take the necessary steps for adequate data protection, or, if they process outside the EU, have concluded a model contract (SCCs) with us.
Without your explicit written consent, we may not share data with a partner who processes the data in a country outside the EU, does not take adequate steps for data security, or, if the partner is located outside the EU, has not entered into a model contract (SCCs).
In this way, we ensure that the data is also processed correctly by our partners and that the necessary steps are taken to secure it properly.
Security measures
We handle the personal data we process with care. To prevent processing that is not in line with the purpose of this agreement, we have taken at least the following security measures:
• Network connections for our computer systems used for data processing are secured via SSL encryption (128 bits).
• If a remote connection is established with a computer system on which data processing takes place, access is secured.
• Access to the computer systems used for data processing is secured with a username and password.
• We enforce a strong password policy. Each password must contain at least 8 characters, at least 1 letter, at least 1 number, at least 1 symbol, and may not contain any previously provided information.
• All computer systems used for data processing have a reliable virus scanner that is kept up to date at all times.
• Mobile data carriers, if used, are protected against reading by means of a password.
• No personal data is stored on a private computer.
• Backups are kept available for a period of one year as standard. Our backup files are not directly readable.
• All our employees, interns, freelancers, partners, and other third parties are bound by a confidentiality agreement. We will only deviate from this if you give your express written consent or if we are required by law to share the data.
• Unattended data carriers are stored in a safe.
• Old and unnecessary documents are destroyed in a secure manner.
Control by you
If you have reasonable grounds to suspect that we are not handling personal data as stated in this agreement, you have the right to have an audit carried out.
If you wish to have an audit carried out, you must give at least 14 days' written notice. If the date does not fit in with our schedule, we will propose an alternative date.
The auditor must be a member of Norea (professional association of IT auditors) or must meet the same quality standards that Norea sets for its members.
The costs of the auditor and the costs of our employees will be borne by you.
Data breaches
• The website with login details has been hacked or made accessible to third parties.
• The loss of a data carrier containing personal data.
• Letters or emails containing personal data have been sent to the wrong address.
• An attack has occurred, by means of a hack on the IT system containing personal data.
Related
Looking for general terms and conditions for your own online store? Take a look at this page with sample general terms and conditions for your online store