Customer Review Guidelines

1. Introduction

These Customer Review Guidelines (Guidelines) supplement Klantenvertellen B.V.'s General Terms and Conditions (General Terms and Conditions) and apply to the Agreement between Klantenvertellen and the Contractor.

By entering into the Agreement, the Contractor declares that he has read the Guidelines and the General Terms and Conditions and agrees with their content. Klantenvertellen reserves the right to modify these Guidelines. Any changes will be published in accordance with Article 2.6 of the General Terms and Conditions on the website www.klantenvertellen.nl and www.kiyoh.com.

2. Definitions

In addition to Article 1 of the General Terms and Conditions, the following definitions are used in these Guidelines:

Survey: the questionnaire within the Customer Review System on the basis of which Users can place a Review;

Terms of Use: the terms applicable to the use of the Review Tool by the User;

Complaints Procedure: the procedure by which complaints from Contractors and Users about Reviews can be handled;

Customer Review System: the online environment that allows the Contractor to manage Surveys, view Reviews and contact Users;

User: a customer of the Contractor who has purchased a product or service from the Contractor and who has concluded a usage agreement with Klantenvertellen for posting a Review;

Review Tool: the software that allows the User to fill in the Survey and thereby post a Review about the Contractor;

Review: a review entered by the User in the Review Tool about the Contractor;

Website: the Contractor's website.

Proof of Purchase: a receipt, invoice or signed order confirmation showing that the User has purchased a product or service from the Contractor;

3. Execution of the Service and Usage Rights

3.1 During the term of the Agreement, Klantenvertellen grants the Contractor a non-exclusive, non-transferable right to use the Customer Review System and the associated Services in accordance with the General Terms and Conditions and these Guidelines.

3.2 The Customer Review System is provided to the Contractor exclusively online, as a (SaaS) service.

3.3 The Contractor can use the Customer Review System to (i) manage the setup of their Survey (including personalizations), (ii) send emails to their customers requesting them to use the Review Tool, and (iii) publish Reviews on their own website.

3.4 Klantenvertellen will strive to make the Review Tool (including the Survey approved by the Contractor) available to the Contractor's customers via the website designated by Klantenvertellen. For the use of the Review Tool and posting a Review, the User enters into an agreement with Klantenvertellen. The Reviews of Users are always stored in the Review Tool.

3.5 During the term of the Agreement, Klantenvertellen ensures that the Contractor has access to the Reviews in the Review Tool via the Customer Review System. The Contractor can publish the Reviews, and the associated scores, in a standard format (widget) or in their own look-and-feel on their Website. In connection with the foregoing Klantenvertellen grants the Contractor a non-exclusive, non-transferable right to publish the Reviews on their Website for their own use and in accordance with the Agreement. The Contractor is not entitled to modify a Review.

3.6 If the Contractor believes that a Review violates the Terms of Use, they may file a complaint with Klantenvertellen requesting the removal of the Review. The complaint will be handled in accordance with the Complaints Procedure.

3.7 Unless otherwise agreed in writing, Klantenvertellen is entitled (but not obligated) to publish the Reviews on Klantenvertellen's designated website(s) and/or in search engines and/or websites of other partners. These partners are listed on Klantenvertellen's website. Klantenvertellen ensures that Users consent to the use of their Reviews in these search engines and websites.

3.8 During business hours (9:00 to 17:00 on weekdays) Klantenvertellen will provide online and telephone support to the Contractor for using and configuring the Customer Review System. Klantenvertellen will strive to answer questions adequately and within a reasonable time. The Contractor ensures that the staff who request support from Klantenvertellen are sufficiently qualified.

3.9 The Contractor is solely entitled to use the Customer Review System and the Service for itself and will not provide it to third parties or exploit it commercially in any other way.

3.10 To ensure the quality of the service, the reliability of the posted Reviews and the independence of the Customer Review System for the Contractor, Klantenvertellen is entitled, on a sampling basis, to contact Users who posted a Review by email to verify whether they were indeed a customer of the Contractor.

3.11 The Contractor is not entitled to place Reviews about themselves. If Klantenvertellen learns or suspects that a Review was written by the Contractor themselves, they are entitled to remove the Review and block access to the Service.

4. Customer and Personal Data

Refer to the Data Processing Agreement between Klantenvertellen as data processor and Contractor as data controller, which agreement forms an integral part of the General Terms and Conditions including the definitions used therein.

Klantenvertellen as Data Processor

4.1 The Contractor may use the Customer Review System to send emails to their customers with a link to the Review Tool. In that context the Contractor will input Personal Data (email addresses) of their customers into the Customer Review System. With respect to this processing of personal data the Contractor acts as the 'Controller' and Klantenvertellen as the 'Processor' within the meaning of the General Data Protection Regulation (GDPR). The agreement between the Contractor and Klantenvertellen is a data processing agreement within the meaning of Article 28(3) GDPR.

4.2 Klantenvertellen will process the Personal Data entered by the Contractor in the Customer Review System solely for the performance of its obligations under the Agreement and not for other purposes. We note the following: To ensure the quality of the service, the reliability of the posted Reviews and the independence of the Customer Review System for the Contractor, Klantenvertellen is entitled to, as part of the Service and on a sampling basis, email Users who posted a Review to verify whether they were indeed a customer of the Contractor. Klantenvertellen treats all Personal Data received under the Agreement as confidential. Klantenvertellen does not provide Personal Data to third parties (other than subprocessors).

4.3 The Contractor warrants that its processing of Personal Data, including sending emails, complies with the requirements of the GDPR and the Telecommunications Act and is not otherwise unlawful toward third parties (including Users). The Contractor fully indemnifies Klantenvertellen for all costs and damages (including damages from claims by Users or from any fines or other legal actions imposed by a supervisory authority (including ACM or the Dutch Data Protection Authority) arising in any way from or related to its processing of Personal Data in the Service.

4.4 Through the Review Tools, Klantenvertellen processes Personal Data of Users who have entered into an agreement with Klantenvertellen for the use of Klantenvertellen's Service. Klantenvertellen ensures that the processing of these Personal Data complies with the GDPR, the Terms of Use and Klantenvertellen's privacy policy.

4.5 Klantenvertellen is at all times entitled to anonymize customer and Personal Data and then use it at an aggregated and anonymized level (i) for research purposes and (ii) to optimize the Service.

5. Use of Stars in Google Ads and Google Search Results

5.1 Google is fully responsible for the publication and use of the orange stars in the Google Ads campaign and/or the organic search results. The Contractor acknowledges and agrees that Klantenvertellen cannot be held liable for the services or products offered by Google, nor for any defects or errors therein. For any complaints, the Contractor should contact Google.

6. Term of the Agreement

6.1 Unless expressly agreed otherwise, the Agreement is entered into for an initial term of one (1) year. After this initial period, the Agreement will automatically be extended with periods of one (1) year, unless the Agreement is terminated in writing by either party at least one (1) month before the end of the contract period.

7. Proof of Purchase

7.1 To ensure the authenticity of Reviews, Klantenvertellen may request the User to provide a Proof of Purchase. This applies especially when the Review does not follow an invitation from the Contractor, for example a Review initiated by the User or via an in-store Review Tool (NFC or QR).

7.2 Klantenvertellen evaluates Proofs of Purchase automatically and/or manually. A Review may be rejected, not considered verified, or (temporarily) not published until a valid Proof of Purchase is provided that complies with these Guidelines.

7.3 Accepted Proof of Purchase are: a receipt, an invoice or a signed order confirmation.

7.4 The Proof of Purchase must show the Contractor's business name and the date of purchase or service. The purchase amount is not required.

7.5 A Proof of Purchase can only be used once. Per purchase or service one Review is allowed. A User may post a Review following another purchase or service with the same Contractor, provided a different valid Proof of Purchase is provided.

7.6 The Proof of Purchase should not be older than six (6) months, counted from the date on the Proof of Purchase. For certain categories, the period is twenty-four (24) months. This period does not apply if the User posts the Review in response to an invitation from the Contractor.

7.7 The business name on the Proof of Purchase must match the Contractor about whom the Review is posted.

7.8 Klantenvertellen is entitled to refuse, remove or disable a Proof of Purchase and/or the associated Review if these Guidelines are not met, if the Proof of Purchase or the Review does not appear authentic, or if a moderator decides so.

8. Acceptance Criteria for Proofs of Purchase

8.1 The following criteria apply to the assessment of Proofs of Purchase. If a Proof of Purchase is not accepted, Klantenvertellen will inform the User of the reason.

8.2 A Proof of Purchase is not accepted in the following cases:

Proof of Purchase too old

The experience or the Proof of Purchase is older than the applicable term. That term is generally six (6) months and for certain categories twenty-four (24) months, unless the User was invited by the Contractor.

Not a valid Proof of Purchase

The file is not a receipt, invoice or signed order confirmation.

Image unclear

The image or file is too unclear to verify.

Text unreadable

The text on the Proof of Purchase could not be read.

Insufficient information

The Proof of Purchase must show the business name and the date. The purchase amount is not mandatory.

Missing key data

The required data are missing. The business name and the date are mandatory; the purchase amount is not mandatory.

Proof of Purchase already used

This Proof of Purchase has already been used for a Review. One Review per purchase or service is allowed.

Business name does not match

The business name on the Proof of Purchase does not match the Contractor about whom the Review is posted.

Suspicion of fraud

The Proof of Purchase or the Review does not appear authentic. The Contractor is not entitled to publish Reviews about themselves.

Disabled by moderator

A moderator of Klantenvertellen has disabled the Proof of Purchase or the Review.

Verification failed

The verification of the Proof of Purchase could not be completed for another reason.