Terms and conditions

General terms and conditions In2Dialog B.V.

Version 10-10-2023

These general terms and conditions apply to all agreements and offers for services and products including subscriptions of In2Dialog B.V., established in Utrecht, KvK Utrecht: 88334716, VAT no: NL864583436B01 with business customers.

Rates

Rates are exclusive of VAT. The term of payment is 14 days. If the payment term is exceeded, legal interest may be charged. In case of late payment, we reserve the right to deactivate the service without the right to a refund.

In2Dialog reserves the right to adjust subscription rates on an interim basis. These rate changes will be notified at least one month in advance.

Invoicing is largely automatic, monthly the first business day of the month, billing usage of the web applications from the previous month and licenses for the coming month. As the customer/client, you are responsible for maintaining correct billing information in the system. Late payment may result in deactivation of accounts in the web applications, without suspension of payment obligation.

Agreement

A contract is established by signing up through one of our websites where these terms can be viewed or by signing an offer. The minimum contract period is 12 months.

Either party may terminate the contract at any time for any reason. The initial contract term and notice period must be observed. No refunds will be made.

You may not transfer any benefits or obligations arising from the agreement to any third party in any way without the prior written consent of In2Dialog.

If this agreement is terminated in accordance with its terms, neither In2Dialog nor yourself shall be liable for any damage or loss to the other party.

In2Dialog reserves the right to refuse a request for an agreement without giving any reason. The standard processor agreement is part of the general terms and conditions, and is attached.

Intellectual property

You acknowledge and agree, without conditions, that services, content, source code and information on the website are protected by In2Dialog’s copyrights, trademarks, service marks or other proprietary rights and laws. Neither the agreement nor the use of any In2Dialog products gives you any copyright or trademark rights, or in any way affects In2Dialog’s exclusive ownership of the copyright and trademark. You agree not to modify, copy, reproduce, rent, loan, sell or redesign in any way any of the contents of the website. This includes testing, code and software.

Intellectual property your database and content

You have ownership of your own database, for all applications. This means that you can request an export of your data, including user data, dates and content in In2Dialog’s systems. However, there may be a cost for providing this data, for data export, depending on the nature and extent of the data.

Guarantee of business users

If you use the website as a professional and use the product to advise others, you guarantee that:
You will act and use in accordance with national or international professional standards and professional ethics.

You will act and use the product in accordance with national or international laws, regulations, instructions and guidelines, and all other applicable governmental or quasi-governmental regulations.

For certain services or products, In2Dialog B.V. may test your reliability and knowledge as a professional before granting you access to such service or products. In2Dialog B.V. reserves the right to deny you access without reason.

Privacy and information security

The protection of your privacy is very important to us. In handling your information, we apply the following ground rules:

  • All information is stored and processed in a secure environment.
  • Upon expiration of your account, all personal information will be deleted from our database.
  • Analysis results and other personal information are used only anonymously for statistical analysis. Audio data will be completely and irrevocably deleted.

After two years, transcripts are automatically deleted. After one year, audio data is automatically deleted. A shorter period is possible if you deem it desirable.

In2Dialog reserves the right to use anonymized information from professionals and their clients for further development of quality control and its services. This includes – but is not limited to – research, for example for the development of norm groups and the performance of statistical analyses. In2Dialog will never contact you or your clients directly, in writing or otherwise, unless you have explicitly requested it or to ensure proper service delivery.

Liability

Any liability with respect to the use of the product or with respect to the termination of the agreement, especially in relation to the interpretation and conclusion of analysis results and loss of data is excluded. The product contains information that can be used and assist in making a decision, but it can never be relied upon as the sole source of information. In2Dialog
B.V. cannot be held liable for misuse of your personal password or that of your candidates.

Although In2Dialog takes great care to ensure the quality and availability of its online services, we provide our service on an “as is” basis. This means, among other things, that we make no warranty that our services and website content will be uninterrupted, timely, secure or error-free. The

current state of the Internet and the speed and reliability of connections, prevent guarantees. In recent years we achieved an availability higher than 99.5%, but no rights can be derived from this.

System Requirements and Supported Browsers

A stable Internet connection Desktop Browser

The In2Dialog system has been tested and supports the following desktop browsers:

Microsoft Windows 10

  • Google Chrome (latest stable version)
  • Firefox (latest stable version)
  • Microsoft Edge (latest stable version; Chromium-based only ➢ MacOS 10.12 and newer
  • Google Chrome (latest stable version)
  • Firefox (latest stable version)
  • Microsoft Edge (latest stable version; Chromium-based only ➢ Android 5 and new
  • Google Chrome (latest stable version)
  • Firefox (latest stable version) ➢ iOS 10 and newer
  • Google Chrome (latest stable version)
  • Safari (latest stable version) Browser Configuration The supported browser you choose must meet the following requirements:

 JavaScript is enabled.

 Cookies are enabled. Some modern browser versions disable third-party cookies by default. Helpdesk The help desk is available for questions from 8:30 a.m. to 6 p.m. during weekdays, preferably via e-mail: support@In2Dialog.com. We will contact you within an hour to answer questions and start troubleshooting any issues. Complaints No complaint will be considered officially filed unless the complaint is given to In2Dialog B.V. in writing or by e-mail, within two weeks after you discovered or reasonably could have discovered the shortcoming and error, specifying all details related to the subject and nature of the complaint. Complaints can only be submitted in Dutch or English. This agreement shall be guided and interpreted in accordance with Dutch law. The Arrondissementsbank Utrecht (The Netherlands) shall have exclusive jurisdiction over claims arising from this agreement. Additional terms and conditions for API users The In2Dialog system offers the possibility of calling up data via an API from other software systems and integrating it into HR processes. The condition for this is that the results are always made available on an individual basis behind login codes and are not publicly available. In advance, the client must provide access to the application within which the results are shared. In2Dialog can then grant permission to make the tool available through the API. In2Dialog has the right to monitor whether

use is in accordance with the agreements and is entitled to terminate the cooperation if, in its judgment, the application is not in accordance with the agreements.

The party calling on functionalities via the API must have sufficient skilled ICT personnel and a sufficiently stable system to properly set up the API. When providing services via an API, In2Dialog only provides support to those responsible for the proper functioning of the system and not directly to (end) users and candidates.

In2Dialog B.V.

Processor Agreement

Parties:
Processor: In2DialogB.V., based in Utrecht, the Netherlands.

Respondent:

This processor agreement forms a part of all agreements that In2Dialog enters into with its clients and is valid unless a separate agreement is entered into at the client’s request.

Whereas:

Insofar as In2Dialog B.V. processes Personal Data on behalf of the Client under the Agreement, the Client qualifies under Article 4, section 7 and section 8 of the Regulation as a controller for the Processing of Personal Data and In2Dialog B.V. as a processor;
The Parties wish to lay down in this Processor Agreement, as referred to in Article 28, third paragraph, of the Regulation, their agreements on the Processing of Personal Data by In2Dialog B.V..

Agree:

Article 1. Terms

The following terms in this Processor Agreement mean:

1.1  Data Subject: the person to whom a Personal Data relates.

1.2  Personal Data Breach: a breach of security that accidentally or unlawfully results in the destruction, loss, alteration or unauthorized disclosure of, or unauthorized access to, transmitted, stored or otherwise processed data.

1.3  Agreement: the agreement between Client and In2Dialog B.V. and its attachments.

1.4  Personal Data: any information about an identified or identifiable natural person, which In2Dialog B.V. processes on behalf of the Client in the context of the Agreement.

1.5  Regulation: Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation).

1.6  Processor Agreement: this agreement.

1.7  Processing: any operation or set of operations within the scope of the Agreement with respect to Personal Data, or a set of Personal Data, whether or not carried out through automated processes, such as collection, recording, organization, structuring, storage, updating or modification, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, blocking, erasure or destruction.

    Article 2. Purpose of this Processor Agreement.

    2.1  This Processor Agreement governs the Processing of Personal Data by In2Dialog. B.V. under the Agreement.

    2.2  The nature and purpose of the Processing, the type of Personal Data and the categories of Data Subjects are defined in Schedule 1.

    2.3  In2Dialog B.V. guarantees the application of appropriate technical and organizational measures, so that the Processing meets the requirements of the Regulation and the protection of the Data Subject’s rights is guaranteed.

    2.4  In2Dialog B.V. guarantees to comply with the requirements of applicable laws and regulations regarding the processing of Personal Data.

      Article 3. Entry into force and duration

      3.1  This Processor Agreement shall enter into force when the main agreement is entered into by the Parties.

      3.2  This Processor Agreement ends after the main agreement is terminated and to the extent that In2Dialog B.V. has deleted or returned all Personal Data in accordance with Article 10.

      3.3  Neither Party may terminate this Processor Agreement in the interim except for necessary changes from legislation or case law.

        Article 4. Scope of Processing Authority In2Dialog B.V.

        4.1  In2Dialog B.V. Processes Personal Data exclusively on behalf of and based on written instructions from the Client subject to deviating legal regulations applicable to In2Dialog B.V..

        4.2  If, in the opinion of In2Dialog B.V., an instruction as referred to in the first paragraph violates a statutory data protection regulation, it shall notify Client thereof prior to processing, unless a statutory regulation prohibits such notification.

        4.3  If In2Dialog B.V. has to provide Personal Data on the basis of a legal obligation, it shall inform Client immediately, and if possible prior to the provision.

          Article 5. Security of Processing.

          5.1  The parties recognize that ensuring an appropriate level of security may continually force additional security measures to be taken. In2Dialog B.V. guarantees a security level appropriate to the risk.

          5.2  In2Dialog B.V. does not process Personal Data outside the European Union unless express written consent has been obtained from the Client and subject to different legal obligations.

          5.3  In2Dialog B.V. shall inform the Client without unreasonable delay as soon as it becomes aware of any unlawful Processing of Personal Data or breaches of security measures as mentioned in the first and second paragraphs.

          5.4  In2Dialog B.V. shall assist Client in enforcing the obligations under Articles 32 through 36 of the Regulation.

            Article 6. Confidentiality by Personnel of In2Dialog B.V.

            6.1 The Personal Data has a confidential nature and is subject to an obligation of secrecy. In2Dialog B.V. has bound its Personnel to observe confidentiality. Upon request, we provide the Information Security Policy which is part of In2Dialog B.V.’s employment agreements and agreements with relevant suppliers.

            Article 7. Assistance due to rights of Data Subject

            7.1 In2Dialog B.V. shall assist the Client in fulfilling its duty to respond to requests to exercise the Data Subject’s rights set forth in Chapter III of the Regulation.

            Article 8. Breach in connection with Personal Data.

            8.1  In2Dialog B.V. shall inform Client without unreasonable delay, as soon as it has become aware of a Personal Data Breach, in accordance with the arrangements set forth in Exhibit 2.

            8.2  In2Dialog B.V. will also inform the Client about developments concerning the Personal Data Breach after a notification under the first paragraph.

            8.3  The parties shall bear the costs incurred by themselves in connection with the notification to the competent supervisory authority and Data Subject.

              Article 9. Return of Personal Data.

              9.1  Upon termination of the Agreement, In2Dialog B.V. shall, at the option of the Client, arrange for the return to the Client or erasure of all Personal Data. In2Dialog B.V. deletes copies, subject to differing legal requirements.

              9.2  The Personal Data will be returned as a dataset in a generally applicable file format.

                Article 10. Information obligation

                10.1 In2Dialog B.V. shall make available all information necessary to demonstrate that the obligations under this Processor Agreement have been and are being complied with.

                This processor agreement, as part of the general terms and conditions, applies to all agreements of In2Dialog B.V. with clients. Clients may receive a signed and dated agreement upon request.

                Appendix 1. The Processing of Personal Data.

                1. The Subject/Nature and Purpose of Processing:
                  The subject/ nature and purpose of the processing is up to the client. Usually the purpose is to advise individuals in their careers, support in career decisions, support information in selection decisions, personal and competence development. In addition, login information is recorded.
                2. The type of Personal Data:
                  Primarily, these are normal personal data such as name and address data, as well as special personal data in the form of voice recordings.
                3. Description categories Personal Data: Name, e-mail, voice recordings.
                4. Description categories Stakeholders
                5. (a) Involved parties are employees of organizations or clients of client
                6. (b) Applicants, candidates or participants of organizations or clients.
                7. Description categories of recipients of Personal Data
                8. (a) The client’s consultant (psychologist, recruiter, coach, trainer) may view this data individually from the individual.
                9. (b) Customer Support of In2Dialog may view data of data subjects for support purposes upon consent of client.

                Appendix 2: Agreements regarding Personal Data Breaches.

                This appendix further specifies the agreements on how In2Dialog B.V. will inform Client about Personal Data Breaches.

                1. The report shall be made promptly but no later than 24 hours after the discovery of the security incident and/or data breach.
                2. Security Officer of Respondent is the (first) contact person for making a report.
                3. The ‘Data Breach and/or Security Incident Notification Form’ will be used for the notification, in accordance with the notification to the Personal Data Authority. As soon as there is more information at Processor about the leak and/or incident, this additional information will be communicated directly with Respondent.
                4. Data breach and/or security incident report forms are to be sent to the client’s contact person with the subject line “data breach.”

                Information provided by In2Dialog B.V.

                • Nature of the Personal Data Breach.
                • The Personal Data and Data Subject.
                • Probable consequences of the Breach related to Personal Data.
                • Measures proposed or taken by In2Dialog B.V. to address the Breach in connection with Personal Data to address, including, where appropriate, measures to mitigate any adverse effects.

                Appendix 3 Overview of subprocessors

                In2Dialog uses services of third-party processors, when you purchase services from In2Dialog, you may have data shared with one of the sub-processors listed below.
                In2Dialog has ensured that all applicable security and measures of In2Dialog also apply to its suppliers.

                Subprocessor/ServiceProcessing
                Google Ireland Ltd.Content delivery network
                Google Ireland Ltd.Data storage network
                PostmarkEmail services
                AtlassianBuro services
                G-suiteBuro services
                PipedriveClient services
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