Terms of Use for the customer review system

These Terms of Use apply to the use of the Klantenvertellen B.V. customer review system, located at Steenweg 79, 5301 HK Zaltbommel, registered in the Chamber of Commerce trade register under number 81275048 (hereinafter: ‘Klantenvertellen’).

By filling out your review and clicking the 'Submit' button you agree to the applicability of these Terms of Use. We recommend you read these Terms of Use carefully and keep a copy for your own records.

Article 1 / Definitions

In these Terms of Use the following terms and expressions (singular and plural) have the following meanings:

Contractor/Company: the company from which the User has purchased a product or service;

Service: the agreed service of Klantenvertellen consisting of collecting and publishing Reviews;

Survey: a questionnaire on the basis of which the User can provide a Review;

User / You: a natural person, older than 16 years, who has entered into a use agreement with Klantenvertellen for posting a Review and is a customer of Contractor/Company;

Review: a Review posted by the User about a Company, including the filled-in personal information (such as first name, city, age or purchased product);

Website: the agreed website www.klantenvertellen.nl

, www.kiyoh.com

, www.kiyoh.nl or www.patientenvertellen.nl

.

Article 2: / Posting of Reviews and delivery of the Service

2.1 Klantenvertellen offers you the ability to fill out Surveys via the Service and to leave one Review based on one experience.

2.2 Your Review (including the personal information you provided) may be published on the Website, the Company's website or other media of the Company and in search engines and/or websites of other Klantenvertellen partners announced on the Website. These partners may change from time to time.

2.3 The Review (including the personal information you provided) is only provided to the relevant Company if this Company has entered into an agreement with Klantenvertellen. The Company is, in that case, entitled, but not obliged, to publish the Reviews on its website. If the Company proceeds with publication of the Reviews it must publish all Reviews; it may not select. The Company is entitled to publish the Reviews in its own look and feel.

2.4 Klantenvertellen is entitled to censor the Review or to delete it if you have not purchased a product or service, without that you have any right to compensation. Klantenvertellen can do this, for example, if the personal data you provided is not correct, if you act in violation of Article 3, or if the Company has filed a complaint about the Review, all in accordance with Article 5.

2.5 The Company is not entitled to make changes to the Reviews.

2.6 By posting a Review on the Website you grant Klantenvertellen, a perpetual, irrevocable, royalty-free and unlimited right to use the Review in accordance with these Terms of Use.

Article 3: / Conditions for using the Service

3.1 You represent that all (personal) data you provide in connection with the Service, such as your name, address and e-mail address, are complete, accurate and up-to-date, and that you use the Service solely for yourself.

3.2 You are responsible for the content of the Reviews and guarantee that:

• the content thereof is not false, deceptive, fraudulent or otherwise unlawful and/or in violation of the law; b) you do not treat others (including the Company about which you post a Review) unfairly, for example by posting discriminatory, offensive or insulting texts; c) the Review is based solely on your own purchasing experience with the Company and this purchasing experience occurred no more than 6 months ago. This 6-month period does not apply if you post the Review in response to a request from the Company. To ensure the reliability of the Reviews, Klantenvertellen is entitled to, on a sampling basis, contact you by e-mail to provide evidence that you were a customer of the Company (or have been).
• the Review is not intended as a response to other Reviews; e) the Reviews do not contain sensitive information, including personal data, and/or other descriptions that can be traced back to a person; f) you will not harm the interests and the good name of Klantenvertellen and its Service in particular.
• the Reviews solely relate to the Company / the Review does not refer to competing organizations of the Company.

Article 4: / Personal data

4.1 Through the Service Klantenvertellen processes Personal Data of Users. Klantenvertellen is a “Processor” within the meaning of the General Data Protection Regulation (the GDPR) and ensures that the processing of these Personal Data complies with obligations set forth in the GDPR.

4.2 The Privacy Policy included in Appendix 1 is: in addition to Klantenvertellen’s Disclaimer & Privacy- and Cookie Statement: applicable to the processing of these Personal Data by Klantenvertellen.

Article 5: / Complaints procedure

5.1 If a Company or another third party believes that your Review violates the Terms of Use, they may request Klantenvertellen by e-mail to delete your Review. Klantenvertellen will inform you by e-mail about the complaint as soon as possible and give you the opportunity to present a defense. The complaint will then be handled within fourteen days.

5.2 During the handling of the complaint the Review may be temporarily removed.

Article 6: / Intellectual property rights

6.1 All intellectual property rights and other rights relating to the Service (including but not limited to the Klantenvertellen website, images, design and other materials) rest with Klantenvertellen and/or its licensors. There is no transfer of intellectual property rights.

6.2 You may use the Service solely for the purposes described in these Terms of Use. You are not entitled to (parts of) the Service to be made available to third parties in any way, to reproduce, distribute, modify, or embed in other material, a different website or other software or service, or to reverse engineer, create derivative products or services, or to use it otherwise than in accordance with the purpose of the agreement.

6.3 You warrant that your Review or other materials provided by you do not infringe the rights of third parties and that you are entitled to make these materials available to Klantenvertellen.

Article 7: / Exclusion of warranties and liability of Klantenvertellen

7.1 Although we strive to provide the utmost care with regard to (the content of) the Service, we cannot guarantee the absence of defects or other shortcomings, including in particular omissions or inaccuracies in the publication of your Review(s). Klantenvertellen is in no way liable for any damages caused by the Service or any defects or other shortcomings in or relating to the Service.

Article 8: / Final provisions

8.1 Klantenvertellen is entitled to modify the Terms of Use. The modification will be announced via the Website or in another manner. If you do not accept the modification you may terminate your use of the Service as of the date the modification takes effect. Termination does not lead to deletion of the Reviews.

8.2 The agreement and these Terms of Use are governed by Dutch law.

Privacy Policy for customer reviews

This Privacy Policy is an appendix to the Terms of Use of Klantenvertellen bv and should be regarded as an addition to Klantenvertellen bv's Disclaimer & Privacy- and Cookie Statement. In this Privacy Policy the definitions included in Article 1 of the Terms of Use are used. The Privacy Policy applies to all Personal Data of Users that we process in the context of our Service.

By placing a Review and clicking the 'Submit' button you consent to the processing of Your Personal Data in accordance with this Privacy Policy.

We advise you to read the Privacy Policy carefully and keep a copy of it for Your own administration.

1. Processor

Responsible for the processing of the Personal Data is:

Klantenvertellen B.V.

Steenweg 79

5301 HK Zaltbommel

Tel : (013) 700 97 09

Chamber of Commerce number: 81275048

The data protection officer is reachable via

[email protected]

.

2. Which data Klantenvertellen processes and for what purpose

2.1 Klantenvertellen processes the Personal Data that the User provides when placing the Review on the Website. It concerns the following Personal Data: name, city, e-mail address (required).

2.2 The Personal Data you provide, and any other information you have filled in on the Website, are used for the execution of the agreement and more specifically for the following purposes:

(i) Your name and city are provided together with the Review to the Company responsible for the Review; (ii) the Review is published together with your first name and city on the Website of the Company and on the Website and in search engines of the partners known by Klantenvertellen. Your e-mail address is not published.

(iii) Your name and e-mail address may be used for handling questions and/or complaints, providing the information you requested and contacting you in case of complaints or questions about your Review.

2.3 Klantenvertellen cannot exclude that the Company links the Personal Data contained in the Review to its own customer data and thus finds out that the Review originated from you. It is possible that the Company, as a result of the Review, contacts you.

2.4 During the period that your Review is published via our Service your Personal Data will be stored and processed by us. If and when your Review is deleted, we will also delete your Personal Data.

2.5 Klantenvertellen can anonymize the Personal Data and then use it on an aggregated and anonymized level (i) for research purposes and (ii) to optimize the Service.

2.6 Through the Website Klantenvertellen further processes IP addresses of Users. These data are used solely to check whether the Service is being used lawfully and, for example, to prevent the User from placing multiple Reviews for the same Company. After a period of 90 days they are deleted or anonymized.

3. Access rights, deletion and questions/complaints

3.1 Through our customer service ([email protected]) you can submit a request to view, receive, modify or delete your Personal Data. Upon your request we will also forward any changes to the Company that published your Review. We will process your requests promptly and, in any case within one month after receipt, inform you of the outcome. If we do not grant your request we will always provide a further explanation.

3.2 If you wish to object to the (further) processing of your Personal Data as referred to in Article 2, you can also contact our customer service ([email protected]). We will process the objection promptly, within one month, and delete the relevant Personal Data.

3.3 Any changes, deletions or other restrictions in the use of your Personal Data will be processed in your Review and will be communicated to the Company that published your Review.

3.4 If you have complaints about the way we process Your Personal Data or handle your requests, you can contact our Data Protection Officer ([email protected]). If this does not lead to a solution you can of course exercise your right to file a complaint with the Dutch Data Protection Authority (www.autoriteitpersoonsgegevens.nl) or appeal to the competent court.

3.5 Any other questions or comments about this Privacy Policy can be directed to our customer service ([email protected]).

4. Changes

This Privacy Policy may be amended. The changes will be announced via the Website. We advise you to regularly review the Privacy Policy.

5. Transfer on takeover

If Klantenvertellen transfers one or more parts or assets of its business (including the Service) to a third party, the related (personal) data may also be transferred to that third party. When this occurs, this will be announced on the Website. If you do not agree with this transfer, you can terminate the Service or request us to delete your Personal Data.