General terms and conditions removal companies and Processing Agreement removal companies
GENERAL TERMS AND CONDITIONS MOVING COMPANIES version 1.1
www.scanmovers.com (hereinafter: 'the website') is a website of Moveasy BV (trading under the name "ScanMovers"), established in Amsterdam, Chamber of Commerce number 65878892.
The general terms and conditions below apply to and form part of all agreements between ScanMovers and the client (hereinafter: 'the Removal Company'). The website offers the Moving Company the opportunity to receive requests for quotations from potential customers/applicants for a fee.
Agreement
As soon as the necessary login details have been received and approved by ScanMovers, an agreement is concluded between the parties and an account for the Moving Company is activated. A personal login page is linked to that account to view all requests for quotations received.
By submitting this registration data, the Moving Company accepts the applicability of these general terms and conditions to the agreement concluded between the parties.
The Removals Company will then receive the requests for quotations at the email address specified by the Removals Company.
ScanMovers only supplies quotation requests and does not guarantee that turnover will result from this. ScanMovers will send a quote request to a maximum of 6 removal companies.
Professionalism of the Moving Company
Every vehicle with which the Moving Company carries out professional freight transport must be provided with a Euro permit certificate. The Moving Company undertakes to have (a) valid NIWO Euro permit(s) towards ScanMovers. (see: www.niwo.nl).
In addition, the Removal Company will have adequate liability insurance in case the Removal Company is liable to the client.
Incidentally, the Removals Company will have the necessary qualifications, permits and a Chamber of Commerce registration under SBI code 4942 to be able to carry out the relevant assignment correctly and in accordance with the rules.
The Removals Company will deliver the quality that meets the reasonable wishes of the applicant and will provide good aftercare. The Removals Company will strictly comply with the agreements and time limits set out in the quotation.
ScanMovers reserves the right to check the above and the Moving Company will fully cooperate with any checks by or on behalf of ScanMovers.
Failure to comply with the above may lead to the suspension or termination of the relationship with the Moving Company by Scanmovers, without refund of amounts previously paid to ScanMovers.
Contract duration and termination
This agreement has been entered into for an indefinite period of time. Parties can cancel the agreement at any time without notice and without stating reasons by e-mail. If the removal company's cancellation is received during working days, the account will be deactivated within five working days.
Requests for quotations up to the day of termination of the agreement will be charged.
Receive quote requests
The Moving Company receives requests for quotations to the email address provided. The requests for quotations are provided with data of potential customers/applicants relevant to the Moving Company (name, address, telephone number, e-mail address, etc.). The moving company is responsible for providing the correct email address.
Request a limit / temporarily stop
The Moving Company has the right to set a maximum number of quotation requests per week and/or month. Any wishes in this regard must always be made known by e-mail and will be processed by ScanMovers within 5 working days.
In addition, it is possible to temporarily pause quotation requests, for example due to holidays. Verhuisbedrijf can set such breaks itself by logging into its account.
Complain about quote requests
The Moving Company can complain about incorrect quotation requests in the following cases:
The customer's contact details are incorrect (tel. number not in use, incorrect email address, etc.);
The application was previously received on ScanMovers or via another platform;
Request is outside the category or region set by the moving company;
It is a fake application (fake name, fake address, test etc);
Relocation date is within 7 days;
The relocation date is more than 12 months in the future (calculated from the date of receipt of the application);
Approval of the complaint is carried out by ScanMovers and the Moving Company can at all times be asked to provide evidence to substantiate the complaint. If a complaint has been submitted incorrectly, ScanMovers may refuse the complaint and still charge the costs of the lead.
Complaints about quotation requests must be submitted within 7 days of receipt of the request via the dashboard or via the button in the lead mail.
Listing website
The name of the Moving Company will be posted free of charge in the review section of the ScanMovers website. The Moving Company must itself fill in the information to be displayed online with the account details. The Moving Company is responsible for the correctness of the information that the Moving Company provides to the website for the purpose of publishing it via the website.
The Moving Company can change the following at any time during the period of participation:
• The selected regions from which Moving Bed Company wants to receive applications (there is a standard margin of +5 km per region for selected regions);
• The categories and type of application that the company wants to receive.
The desired changes by the Moving Company must be communicated by e-mail and will be implemented within 2 (two) working days.
Prices
The fee for a request for quote may vary depending on the region, the type of requests the moving company receives, and the number of requests the moving company wishes to receive. The fee for a request for quotation can be changed by ScanMovers. If there is a change in the rate, ScanMovers will notify the Moving Company of this at least one month in advance. In addition to the fixed fee per quote request, no other costs are charged.
Billing
ScanMovers invoices the Moving Company monthly or fortnightly in arrears for the quotation requests it has received in the previous month or two weeks. The invoice contains a specified overview of the requests for quotations and the associated data. The payment term for invoices is 14 days.
Questions or complaints about any invoice must be made known to ScanMovers by e-mail no later than 5 days after the invoice date, failing which the right to complain will lapse. Any corrections will be settled.
If an invoice is not paid on time, ScanMovers has the right to block the account of the Moving Company, which will also invalidate the listing of the Removal Company on the website. In addition, Scanmovers has the right to charge administration costs of 15 euros. Costs in connection with any collection of the invoices will be borne by the Removal Company.
Correspondence
In the communication between the website and the Moving Company, the use of e-mail will be accepted and will serve as proof between the parties.
Liability
ScanMovers only forwards requests for quotations and is never or will never become a party to any agreement between the Removal Company and the quotation applicant. ScanMovers does not guarantee the achievement of the result intended by the Removal Company with regard to the quotations received.
ScanMovers is only liable for damage if it is caused by intent or gross negligence. ScanMovers' liability is in all cases limited to the fee charged by ScanMovers for submitting the relevant request for quotation.
ScanMovers is never liable for indirect damage and/or consequential damage and/or trading loss at the company and/or at third parties. The Moving Company indemnifies ScanMovers against claims from third parties.
ScanMovers strives to keep its websites continuously available for web users. However, ScanMovers does not accept any liability for any damage that the Moving Company may suffer if the website is not accessible.
Privacy / Data Processing
ScanMovers will disclose the name and address details entered by the tenderer on the website to the Removal Company. The Moving Company will thus have access to personal data of applicants. The Removals Company will only use this personal data in the context of the execution of the agreement, i.e. the processing of the application and the execution of the assignment, and will otherwise keep that data confidential and strictly within the framework of the law (GDPR, General Data Processing Regulation). to treat. The Removals Company is not permitted to hand over the requests for quotations and associated information (including personal data), to make them available for inspection or to sell them on to third parties and/or to use them for any purpose other than entering into and executing an agreement with the relevant applicant.
END OF GENERAL TERMS AND CONDITIONS MOVERS
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Processing agreement removal companies version 1.1
This processor agreement applies to all forms of processing of personal data that ScanMovers BV, registered with the Chamber of Commerce under number 65878892, (hereinafter: Processor) performs for the benefit of a counterparty ({{company}}) to whom it provides services ( hereinafter: Controller). Together, the Controller and Processor are referred to as the “Parties”.
Definitions
In this Processor Agreement, the following definitions apply:
Personal data: Any data concerning an identified or identifiable natural person;
Processing or Processing: any act or set of acts relating to personal data, including in any case the collection, recording, organization, storage, updating, modification, retrieval, consultation, use, disclosure by transmission, dissemination or any other form of making available, bringing together, relating to each other, as well as blocking, erasing or destroying data;
Sub-processor: any party engaged by the Processor to Process Personal Data on behalf of the Processor, without being subject to the Processor's direct authority.
Data breach: a breach of the security of Personal Data that accidentally or unlawfully leads to - or where it cannot reasonably be ruled out that it could lead to - the destruction, loss, alteration or unauthorized disclosure of or access to Personal Data transmitted, stored or otherwise processed;
Data Subject: the person to whom a Personal Data relates;
AP: the Dutch Data Protection Authority, the independent administrative body that has been appointed by law in the Netherlands as a supervisor for the supervision of the Processing of Personal Data;
Processing agreement: this processing agreement.
Personal data Overview: Specification personal data of data subjects
1. Purposes of processing
1.1. The Processor undertakes to provide and process personal data on behalf of the Controller under the conditions of this Processor Agreement. Processing will only take place in the context of the services provided by the Processor to the Processing Manager and associated online services, plus those purposes that are reasonably related thereto or that are determined with further consent in the General Terms and Conditions to which the Processing Manager has agreed and the Privacy Statement.
1.2. The personal data that are processed by the Processor in the context of the activities as referred to in the previous paragraph and the categories of the data subjects from whom they originate are included in the Personal Data Overview.
1.3 Processor and Controller will not process the personal data for any other purpose and will keep it longer than included in the Processor's Privacy Policy and General Terms and Conditions. The Controller will inform the Processor of the processing purposes insofar as they have not already been mentioned in this Processor Agreement.
1.4. The personal data to be Processed on behalf of the Controller remain the property of the Controller and/or the relevant data subjects. An exception to this is the data that is used for purposes shown in the Privacy Policy by the Processor.
2. Obligations of the Processor
2.1. With regard to the processing operations referred to in Article 1, Processor will ensure compliance with applicable laws and regulations.
2.2. The Processor will inform the Controller, at its first request, about the measures it has taken regarding its obligations under this Processor Agreement.
2.3. The obligations of the Processor arising from this Processor Agreement also apply to those who process personal data under the authority of the Processor, including but not limited to employees, in the broadest sense of the word.
2.4. The Processor shall immediately notify the Controller if, in its opinion, an instruction from the Controller conflicts with applicable law.
3. Transfer of personal data
3.1. Processor is entitled to process the Personal Data in countries within the European Economic Area (EEA), the United States, Ukraine, the United Kingdom and Switzerland. Transfer to other countries will only take place with the prior express written consent of the Controller. Appropriate safeguards are taken into account when transferring to third countries outside the EEA.
4. Division of Responsibility
4.1. Processor and Controller guarantee that the content, use and assignment to process the personal data as referred to in this processor agreement are not unlawful and do not infringe any rights of third parties.
4.2. The Processor is solely responsible for the Processing of the Personal Data under this Processor Agreement, in accordance with the instructions of the Controller and under the explicit (final) responsibility of the Controller.
5. Sub-processors
5.1. Processor has the option to use Sub-processors, servers and/or hosting parties in the performance of the service. In the case of ScanMovers that is:
- H1/CloudVPS (server)
- Hostnet (hosting)
The information about Sub-processors can be requested by the Controller on request. Processors can only refuse if there are good reasons. The Processor remains the point of contact for the Data Subject at all times.
5.2. Processor will in any case ensure that these third parties assume in writing at least the same obligations as agreed between Controller and Processor.
5.3. The Processor guarantees correct compliance with the obligations under this Processor Agreement by these third parties and in the event of errors by these third parties is itself liable for all damage as if it had committed the error(s) itself.
6. Security
6.1. The parties recognize that guaranteeing an appropriate level of security can force the taking of additional security measures on an ongoing basis. Processor takes the required appropriate technical and organizational measures to guarantee a security level appropriate to the risk so that the Processing complies with the Applicable Legislation and the rights of Data Subjects are guaranteed.
6.2. Processor applies an appropriate level of protection, taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of the Processing.
7. Notification requirement
7.1 If the Processor discovers a Data Breach, it will report this to the Data Subject without delay and at the latest within 48 hours and after it has been established. This notification is described or communicated at least as follows:.
The nature of the personal data breach, specifying where possible the categories of data subjects and the Personal Data concerned;
The likely consequences of the Data Breach in relation to personal data;
The measures that the Processor takes to tackle the Data Breach, including, where appropriate, the measures to limit any adverse consequences thereof.
7.2. The Processor also informs the Controller after a report based on the previous article about the developments regarding the established Data Breach.
7.3 Processor must assess whether it informs the AP and/or the Data Subject about the Data Breach and is responsible for this.
8. Handling requests from Data Subjects
8.1. In the event that a data subject sends a request to the Processor to exercise his/her legal rights, the Processor will forward the request to the Controller. Controller and Processor are both obliged to comply with their obligations under GDPR imposed by the AP, including the right of access, correction, opposition and oblivion. The processor must inform the data subjects thereof.
8.2. Processor assists Controller to the extent possible to answer requests from government authorities.
8.3. For the implementation of Articles 8.1 and 8.2, the costs incurred by the Processor will be reimbursed by the Controller, unless otherwise agreed.
9. Confidentiality
9.1. The Processor is obliged to observe a confidentiality obligation with regard to the Personal Data that are processed on behalf of the Controller. This confidentiality obligation applies in full to the employees of the Processor and to any Sub-processors. The confidentiality obligation continues even after the processing agreement has been terminated. The controller is bound by the obligations set out in the General Terms and Conditions and the Privacy Statement.
9.2. This obligation of confidentiality does not apply insofar as the Controller has given explicit permission to provide the information to third parties, if the provision of the information to third parties is logically necessary in view of the nature of the assignment and the execution of this Processor Agreement, or if there is a there is a legal obligation to provide the information to a third party.
10. Audit
10.1. The Controller has the right to conduct audits to check compliance with the security requirements, compliance with the general rules regarding the Processing of Personal Data, misuse of personal data by employees of the Processor, compliance with all points from the Processor Agreement, and everything directly related thereto. keeps up.
10.2. This audit may take place once a year.
10.3. Processor will cooperate with the audit and make all information reasonably relevant to the audit, including supporting data such as system logs, and employees available as soon as possible.
10.4. The findings as a result of the audit performed will be assessed by the Parties in mutual consultation and, as a result thereof, may or may not be implemented by one of the Parties or by both Parties jointly.
10.5. The costs of the audit are borne by the Controller.
11. Liability
11.1. The Processor's liability for damage as a result of an attributable shortcoming in the fulfillment of the Processor Agreement, or from an unlawful act or otherwise, is excluded. Insofar as the aforementioned liability cannot be excluded, it is limited per event (a series of successive events counts as one event) to compensation for direct damage, up to a maximum of the amount of the compensation received by the Processor for the work under this Processor Agreement over the month prior. to the damage-causing event. The Processor's liability for direct damage will never exceed a total of € 1000.00.
11.2. Direct damage is exclusively understood to mean all damage consisting of:
damage caused directly to material property (“property damage”);
reasonable and demonstrable costs to urge the Processor to (again) properly comply with the Processor Agreement;
reasonable costs to determine the cause and extent of the damage insofar as they relate to the direct damage as referred to here; and
reasonable and demonstrable costs incurred by the Controller to prevent or limit the direct damage as referred to in this article.
11.3. Processor's liability for indirect damage is excluded. Indirect damage is understood to mean all damage that is not direct damage and therefore in any case, but not limited to, consequential damage, loss of profit, lost savings, reduced goodwill, damage due to business interruption, damage due to failure to determine marketing objectives, damage related to the use of data or data files prescribed by the Controller, or loss, mutilation or destruction of data or data files.
11.4. The exclusions and limitations referred to in this article lapse if and insofar as the damage is the result of intent or willful recklessness on the part of the Processor or its management.
11.5. Unless fulfillment by the Processor is permanently impossible, the Processor's liability due to an attributable failure to comply with the Agreement only arises if the Controller gives the Processor written notice of default without delay, whereby a reasonable term is set for the rectification of the failure, and Processor also after that term continues to fail imputably in the fulfillment of its obligations. The notice of default must contain as complete and detailed a description as possible of the shortcoming, so that the Processor is given the opportunity to respond adequately.
11.6. Any claim for compensation by the Controller against the Processor that has not been specified and explicitly reported lapses by the mere lapse of twelve (12) months after the claim has arisen.
12. Duration and Termination
12.1. This Processor Agreement comes into effect the moment the Controller digitally agrees.
12.2. Parties cannot prematurely terminate the Processor Agreement.
12.3. Processor is entitled to revise this agreement from time to time. It will notify the Controller of the changes at least three months in advance. The controller may cancel at the end of these three months if it cannot agree to the changes.
13. Applicable Law and Dispute Resolution
13.1. The Processor Agreement and its implementation are governed by Dutch law. All disputes that may arise between the Parties in connection with the Processor Agreement will be submitted to the competent court for the district in which the Processor is established.
13.2. This Agreement supersedes any prior or existing understandings between the Parties regarding the processing of Personal Data. This Processor Agreement can only be amended in writing, after joint signature by the Parties.
Personal data Overview
Personal data
Processor will process the following (special) personal data in the context of Article 1.1 of the Processor Agreement on behalf of the Controller:
Name and address details
phone number
E-mail address
Visiting behavior (for example page and click behavior);
IP address
Unique references (e.g. order number or customer number)
Interests, preferences, categories, special wishes.
From the categories of data subjects:
Customers
Website visitors
The Controller guarantees that the personal data and categories of data subjects described in this Personal Data Overview are complete and correct. The Controller must inform the Processor of any deviations from the Personal Data Overview and indemnify the Processor against any defects and claims that result from an incorrect representation
