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1. Introduction
These Customer Review Guidelines (“Guidelines”) supplement the General Terms and Conditions of Klantenvertellen B.V. (“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 taken note of 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 announced via the website www.klantenvertellen.nl and www.kiyoh.com in accordance with Article 2.6 of the General Terms and Conditions.
2. Definitions
In addition to Article 1 from the General Conditions, the following definitions are used in these Guidelines:
Survey: the questionnaire included in the Customer Review System based on which Users can post a Review;
Terms of Use: the terms and conditions applicable to the User’s use of the Review Tool;
Complaint Procedure: the procedure by which complaints from Contractors and Users about Reviews can be handled;
Customer Review System: the online environment through which the Contractor can 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 entered into a user agreement with Klantenvertellen to post a Review;
Reviewtool: The software with which the User can complete the Survey and thereby place a Review about the Contractor;
Review: a review entered by the User in the Review Tool about the Contractor;
Website: the website of the Contractor.
3. Performance of the Service and rights of use.
3.1 During the term of the Agreement, Klantenvertellen grants the Contractor a non-exclusive and non-transferable right to use the Customer Rating System and related Services, in accordance with the General Terms and Conditions and these Guidelines.
3.2 The Customer Assessment System is made available to Contractor exclusively online, as a (SaaS) service.
3.3 The Contractor can use the Customer Review System to (i) manage the (personal) design of its Survey, (ii) send emails to its customers requesting them to use the Review Tool and (iii) place Reviews on its own website.
3.4 Klantenvertellen shall make every effort to make the Review Tool (including the Survey approved by the Contractor) available to customers of the Contractor via the website designated by Klantenvertellen. In order to use the Review Tool and post a Review, the User shall enter into an agreement with Klantenvertellen. The Reviews of the Users are always stored in the Review Tool.
3.5 During the term of the Agreement, Klantenvertellen shall ensure 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 its own look and feel on its Website using the Customer Review System. Pursuant to the foregoing, Klantenvertellen grants the Contractor a non-exclusive and non-transferable right to publish the Reviews on its Website for its own use and in accordance with the Agreement. The Contractor is not entitled to modify a Review.
3.6 If the Contractor is of the opinion that a Review violates the Terms of Use, it may submit a complaint to 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 obliged) to publish the Reviews (or have them published) on its designated website(s) of Klantenvertellen and/or in search engines and/or websites of other partners. These partners will be announced on the website of Klantenvertellen. Klantenvertellen shall ensure that Users agree to the use of their Reviews in these search engines and websites.
3.8 During business hours (between 9:00 a.m. and 5:00 p.m. on business days), Klantenvertellen shall support the Contractor online and by telephone in the use and setting up of the Customer Review System. Klantenvertellen will endeavor to answer questions adequately and within a reasonable period of time. Contractor warrants that the employees requesting support from Klantenvertellen are adequately qualified.
3.9 The Contractor shall only be entitled to use the Customer Review System and the Service for itself and shall not make them available to third parties or otherwise (commercially) exploit them
3.10 In order to be able to guarantee the quality of the Service, the reliability of the Reviews posted and the independence of the Customer Review System for the Contractor, Klantenvertellen is entitled to contact, on a random basis, via e-mail Users who have posted a Review to verify whether they have effectively been a customer of the Contractor.
3.11 The Contracting Party is not entitled to post Reviews about itself or have them posted. If Klantenvertellen learns or suspects that a Review was written by the Contracting Party itself, it is entitled to remove the Review and block access to the Service.
4. Customer and Personal Data.
Reference is made to the Processor Agreement between Klantenvertellen as processor and Contractor as processor responsible, which agreement is an integral part of the Terms and Conditions including the definitions used therein.
Klantenvertellen as processor
4.1 The Contractor may use the Customer Review System to send its customers an email containing a link to the Review Tool. In that context, the Contractor will enter Personal Data (email addresses) of its customers into the Customer Review System. With respect to this processing of Personal Data, the Contractor acts as “Controller” and Klantenvertellen as “Processor” within the meaning of the General Data Protection Regulation (GDPR). The agreement between the Contractor and Klantenvertellen is a processor agreement within the meaning of Article 28(3) of the AVG.
4.2 Klantenvertellen shall process the Personal Data entered by the Contractor into the Customer Review System solely for the purpose of performing its obligations under the Agreement and not for any other purposes. We hereby note the following. In order to guarantee the quality of the Service, the reliability of the posted Reviews and the independence of the Customer Review System for the Contracting Party, Klantenvertellen is entitled, as part of the Service and on a random basis, to contact by e-mail Users who have posted a Review to verify whether they have effectively been a customer of the Contracting Party. Klantenvertellen shall maintain confidentiality with respect to all Personal Data it receives from the Contractor in connection with the Agreement. Klantenvertellen shall not make the Personal Data available to third parties (other than sub-processors).
4.3 The Contractor guarantees that its processing of the Personal Data, including the sending of the emails, complies with the requirements of the AVG and the Telecommunications Act and is not otherwise unlawful towards third parties (including the Users). The Contractor shall fully indemnify Klantenvertellen against all costs and damages (including damages resulting from claims of Users or as a result of any fines or other legal measures imposed by a supervisory authority (including ACM or the Authority for Personal Data) that arise in any way from and/or are related to its processing of the Personal Data in the Service.
4.4 Through the Review Tools, Klantenvertellen shall process Personal Data of Users who have entered into an agreement with Klantenvertellen for the use of the Service of Klantenvertellen. Klantenvertellen shall ensure that the processing of this Personal Data complies with the AVG, the Terms of Use and the Privacy Policy of Klantenvertellen.
4.5 Klantenvertellen shall at all times be entitled to anonymize the Customer and Personal Data and subsequently use, at an aggregated and anonymized level, the Personal Data used in the context of the Service (i) for research purposes and (ii) to be able to optimize the Service.
5. Using 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. Contractor is aware and agrees that Klantenvertellen cannot be held liable for the services or products offered by Google, nor for any defects or errors therein. In case of any complaints, the Contractor should contact Google.
6. Duration of the Agreement
6.1 Unless expressly agreed otherwise, the Agreement is entered into for an initial term of one (1) year. After the expiration of this initial period, the Agreement will be tacitly renewed each time for periods of one (1) year, unless the Agreement is terminated in writing by one of the parties no later than one (1) month before the end of the contract period.
