Assissa Consultancy Europe

Terms and Conditions

These Terms and Conditions were last updated on 23 November 2018

THESE TERMS

These terms and conditions govern the way in which we supply products to you, including any eLearning courses. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. All rights not expressly granted in these terms are hereby reserved.

You agree to review this agreement periodically to ensure that you are aware of any amendments to this agreement, which may be made at any time.

INFORMATION ABOUT US AND HOW TO CONTACT US

We are Assissa Consultancy Europe, a company registered in the Netherlands with company number 30134759 and registered office at Pieter Calandlaan 317 – 319, 1068 NH, Amsterdam, the Netherlands. You can contact us on +31 (0)20 689 59 89 or by writing to us at:

Assissa Consultancy Europe

Pieter Calandlaan 317 – 319

1068 NH Amsterdam

the Netherlands

1. GRANT OF LICENCE

In consideration of your payment, we hereby grant you a licence to use the purchased eLearning courses (“the Products”). This licence is limited, revocable, non-exclusive, non-sublicensable and non-transferable, and is subject to the rights and obligations granted under these Terms. This licence is personal to you and cannot be shared or exchanged with others.

2. GENERAL

We develop, distribute and maintain the Products and will also provide you with log in details. We will also manage your access to the Products and provide support to you, where necessary. You shall not copy, modify, transmit, distribute or in any way exploit the Products or any other copyrighted materials provided other than for your individual training. Any other purpose is expressly prohibited under these terms. You shall also not permit anyone else to copy, use, modify, transmit, distribute or in any way exploit the Products or any other copyrighted materials. We provide the materials ‘as is’ and without any warranties, whether express or implied, except those that cannot be excluded under statute. We also do not warrant that the materials will be error free, including technical inaccuracies.

3. ACCESS TO MATERIALS

The starting date of your access to the Products is deemed to be the date that you first have access. We will take all commercially reasonable steps to provide you with uninterrupted access to the Products. However, your access may be restricted from time to time for reasons beyond our control. Such reasons include force majeure events, power outages and actions from computer hackers and others acting outside the law. Your access may also be interrupted due to software issues, server downtime, increased Internet traffic, programming errors, regular maintenance and other related reasons. Where this is the case, we will take commercially reasonable steps to restore your full access within a reasonable period of time. ‘Commercially reasonable’ in these terms shall mean reasonable efforts taken in good faith, without an unduly burdensome use or expenditure of time, resources, personnel or money.

4. PRICING AND PAYMENT

We use third party payment Mollie Payments. Payment for the Products must be made at the point of purchase. You agree to provide payment for the Products in the stipulated currency and you will be liable to pay any relevant conversion charges, as well as applicable sales tax in your region. Please note that we must receive your payment in full before providing you with access to the Products. Your payment includes the licensing of the Products for a limited period of time that is appropriate for the eLearning content. We are unable to provide a refund if you fail to complete the content within the allocated time, except at our absolute and sole discretion. We reserve our right to review and change the pricing of any of our products. This will not affect products that have already been purchased.

5. CANCELLATION AND RESTRICTION POLICY

Where Products are delivered to you immediately, you will not have the right to change your mind. In other cases, you may change your mind within fourteen (14) days of purchase, so long as materials have not been provided to you, downloaded, streamed or otherwise accessed. If you do wish to cancel, please contact us via email. It is your responsibility to ensure that you meet the system requirements, including compatible hardware, software, telecommunications equipment and Internet service, prior to purchasing any content. We are unable to provide refunds where your access to the Products is inhibited due to insufficient system requirements. We may restrict your access to the Products if you breach these terms, including without limitation:

A failure to make any payment due to us; or

Failure to provide accurate information that is necessary for us to provide the Products to you.

In these circumstances, we will inform you in writing with seven (7) days’ notice that your access to the Products will be restricted.

6. YOUR RIGHTS

The Products must be as described, fit for purpose and of a satisfactory quality. If the Products are faulty, then you are entitled to ask for a repair or a replacement and if the fault cannot be fixed, or it has not been fixed within a reasonable time and without significant inconvenience, then you can get some or all of your money refunded. If you can show that the fault has damaged your device and that we have not used reasonable care and skill, then you may be entitled to compensation.

7. INTELLECTUAL PROPERTY

All rights, title and interest in intellectual property rights relating to the Products including copyright, patents, trademarks, trade secrets, improvements, developments, proprietary information, know-how, processes, methods, business plans or models (including computer software and preparatory and design materials thereof) and all other intellectual property (whether registered or not) developed or created from time to time shall exclusively be owned by Assissa Consultancy Europe. While you may utilise the intellectual property, you understand that there shall be no transfer of ownership of the same. Nothing that you see or read in the Products may be copied, reproduced, modified, distributed, transmitted, republished, displayed or performed for commercial use. All other trademarks, service marks and trade names in this material are the marks of the respective owners and any unauthorised use is prohibited.

8. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill. Loss or damage is foreseeable if it is either obvious that it will happen or if we are both aware it might happen, such as where you have discussed the possibility with us during the sales process. We are not liable to you in any way for any indirect, special, incidental, punitive or consequential damages of any character, including without limitation damages for loss of goodwill, work stoppage, computer failure or malfunction, loss of data, loss of productivity or contract or any and all other commercial damages or losses. We do not exclude or limit our liability to you in any case where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products (summarised above at 6). If the Products damage your device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice, following installation/download instructions, or having in place the minimum system requirements as advised by us. Our liability to you for any damage to your computer system or loss of data resulting from the downloading of content is limited to the amount you have paid for the Products. In no event shall we be liable for damages in excess of this sum.

9. OTHER IMPORTANT TERMS

You need our consent to transfer your rights under these terms to someone else. We may not agree to this as these terms grant a licence for your benefit only. Nobody else has any rights under these terms – they are between you and us. No other person shall have any rights to enforce any of its terms. If a court finds part of these terms illegal, then rest will continue in force. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

10. GOVERNING LAW

These terms are governed by and construed in accordance with the laws of The Netherlands and you can bring legal proceedings in the Dutch courts.

Assissa Consultancy Europe

Privacy Policy

This Privacy Policy was last updated on 23 November 2018

1. Introduction

About this Privacy Policy

1.1 This Privacy Policy relates to our privacy practices and policies for our websites. It sets out what personal data is collected and processed in connection with the services and functions of Assissa Consultancy Europe (hereafter ‘Assissa’) through the use of our website and online services; where we obtain the data from; what we do with that data; how we comply with the data protection rules, who we transfer data to and how we deal with individuals’ rights in relation to their personal data. Any personal data is collected and processed in accordance with EU data protection laws.

1.2 All our employees and contractors are required to comply with this Privacy Policy when they process personal data on our behalf.

1.3 We require all third parties to have appropriate technical and operational security measures in place to protect personal data, in line with EU laws on data protection.

1.4 We are not responsible for the content or the privacy policies for any websites that we provide external links to.

1.5 These practices may be changed, but any changes will be posted and changes will only apply to activities and information on a going forward, not retroactive basis. You are encouraged to review the Privacy Policy whenever you visit the site to make sure that you understand how any personal information you provide will be used.

2. Data Controller

2.1 Data protection provides rights to individuals with regard to the use of their personal data by organisations, including Assissa. EU laws on data protection govern all activities we engage in with regard to our collection, storage, handling, disclosure and other uses of personal data.

2.2 Compliance with the data protection rules is a legal obligation. In addition, our compliance with the data protection rules helps individuals to have confidence in dealing with us and helps us to maintain a positive reputation in relation to how we handle personal information.

2.3 From 25 May 2018 onwards, the applicable rules will be contained in the EU General Data Protection Regulation (EU Regulation 679/2016) (the “GDPR”) and in related Dutch data protection legislation which gives effect to the GDPR.

2.4 “Data controllers” are the people who or organisations which determine the purposes for which, and the manner in which, any personal data is processed, who/which make independent decisions in relation to the personal data and/or who/which otherwise control that personal data.

2.5 For the purposes of the GDPR, Assissa is the data controller with regard to the personal data described in this Privacy Policy.

3. Type of Information Collected

3.1 We collect two types of information:

3.1.1 “Personal data” means any information relating to and identified or identifiable natural person.

3.1.1.1 Information that is provided when expressing an interest in obtaining additional information about our service, registering to use our service or registering for an event, such as name, company name, function, email address, phone number, date of birth, place of birth and other contact details.

3.1.1.2 Information that is provided when purchasing the service such as billing name and address, and other financial information provided by you when completing a transaction through the website.

3.1.1.3 Optional information that you may provide when asked by Assissa, for example a request to partake in a survey.

3.1.1.4 Information about your location when you access the website.

3.1.2 “Non-personal data”. Like most websites, we gather statistical and other analytical information collected on an aggregate basis of all visitors to our website. This non-personal data comprises information that cannot be used to identify or contact you.

3.1.2.1 Information collected from cookies in your Web browser. This information includes standard information from you (such as browser type and browser language), your Internet Protocol (“IP”) address, and the actions you take on the Company website (such as the Web pages viewed and links clicked). Our use of cookies to process information is explained in Section 9 of this policy.

4. Use of Information Collected

4.1 We collect and use your information for the following purposes:

4.1.1 To perform the services requested, for example, if you fill out the “How can we help you?” Web form, we will use the information provided to contact you about your request. This data processing is necessary to provide or fulfil a service requested by or for you.

4.1.2 We may use third-party analytic providers and technologies, including cookies and similar tools, to assist. We process this information given our legitimate business interest to improve the Assissa website and our customer’s experience with it.

4.1.3 For payment purposes, for example, to collect payment from you where applicable. This data processing is necessary to provide or fulfil a service requested by or for you.

5. Data retention

5.1 We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for and for up to five (5) years afterwards or otherwise permitted by applicable laws. We may also retain your information during the period of time needed to complete our legitimate business operations, including for the purposes of satisfying any legal, accounting, or reporting requirements.

5.2 To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.

6. Consent

6.1 By consenting to our processing your personal data in line with this Privacy Policy you are giving us permission to process your personal data specifically for the purposes identified.

6.2 You may withdraw consent at any time by providing an unambiguous indication of your wishes by which you, by a statement or by a clear affirmative action, signify withdrawal of consent to the processing of personal data relating to you. If you have any queries relating to withdrawing your consent please contact Assissa using info@assissa.nl.

6.3 Withdrawal of consent shall be without effect to the lawfulness of processing based on consent before its withdrawal.

7. What are the data protection rules?

7.1 The eight data protection rules (also known as the data protection principles) that apply to our organisation are that:

7.1.1 We must process personal data fairly, lawfully and transparently. This obligation includes that we must have a valid legal basis for our processing of personal data (whether the consent of the person, or that the processing is necessary for our legitimate interests (as long as these interests do not outweigh the rights of data subjects) or some other legal basis set out under the GDPR. It also means that we must be transparent with individuals about our processing of their personal data.

7.1.2 We can only collect personal data for specified, identified and legitimate purposes.

7.1.3 We can only then process the personal data that we have collected for the purposes which we have identified or for purposes that are compatible with the purposes that we have identified.

7.1.4 The personal data that we collect and process must be adequate, relevant and limited to what is necessary for the purposes.

7.1.5 The personal data that we collect and process must be accurate and (where necessary) kept up to-date.

7.1.6 We must not keep personal data any longer than is necessary, bearing the purpose for which we collected it. This includes that we should keep personal data in a form which permits identification of the data subject for no longer than is necessary.

7.1.7 We must keep personal data safe and secure from unauthorised access, deletion, disclosure or other unauthorised uses. This includes not just keeping data safe and secure from persons outside our organisation, but also from people within our organisation who have no need to access or use the personal data.  We must also be careful when transferring personal data outside the European Economic Area (“EEA”, being the EU plus Norway, Liechtenstein and Iceland), and make sure that we have a valid legal basis on which to transfer that data.  Transfer can include using a cloud server that is located outside the EU or allowing people who are located outside the EEA access to personal data that is stored within the EEA.

7.1.8 We must comply with data subjects’ rights of information about, and (separately) access to, their personal data and with their other data protection rights, including rights to correct or erase their personal data, rights “to be forgotten”, rights to object to processing (including profiling), rights against automated decision-making and (under the GDPR) rights to data portability.

8. Security of your personal data

8.1 We take appropriate security measures against unlawful or unauthorised processing of personal data, and against the accidental loss of, or damage to, personal data.

8.2 We have put in place procedures and technologies to maintain the security of all personal data from the point of collection to the point of destruction. Personal data will only be transferred to a data processor if he agrees to comply with those procedures and policies, or if he puts in place adequate measures himself. In addition, we have appropriate written agreements in place with all of our data processors.

8.3 We maintain data security by protecting the confidentiality, integrity and availability of the personal data, defined as follows:

8.3.1 Confidentiality means that only people who are authorised to use the data can access it.

8.3.2 Integrity means that personal data should be accurate and suitable for the purpose for which it is processed.

8.3.3 Availability means that authorised users should be able to access the data if they need it for authorised purposes.

8.4 We follow strict security procedures in the storage and disclosure of your personal data, and to protect it against accidental loss, destruction or damage. Assissa uses third party vendors and hosting partners to provide the necessary hardware, software networking, storage, and related technology required to run. The data you provide to us is protected using modern encryption, intrusion prevention, and account access techniques.

9. International Transfers

9.1 When we transfer your personal data out of the EEA, we ensure an adequate degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:

9.2 We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission. For further details, see European Commission: Adequacy of the protection of personal data in non-EU countries.

9.3 Where we use certain service providers, we may use specific contracts approved by the European Commission which give personal data the same protection it has in Europe. For further details, see European Commission: Model contracts for the transfer of personal data to third countries.

9.4 Where we use providers based in the US, we may transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to personal data shared between the Europe and the US. For further details, see European Commission: EU-US Privacy Shield.

9.5 Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA.

10. How we may use this technical information

10.1 Aggregate cookie and tracking information may be shared with third parties.

10.2 The technical information is used to allow us to improve the information we are supplying to our users, to find out how many people are visiting our sites and for statistical purposes.

10.3 Some of the above information is used to create summary statistics which allow us to assess the number of visitors to the different sections of our site, discover what information is most and least used, inform us on future design and layout specifications, and help us make our site more user friendly.

10.4 We will make no attempt to identify individual visitors, or to associate the technical details listed above with any individual. We will only use the technical information for statistical and other administrative purposes. You should note that technical details, which we cannot associate with any identifiable individual, are not “personal data” within the meaning of the GDPR.

11. Will we share your information with anyone else?

11.1 We may disclose your information to trusted third parties for the purposes set out in the Processing Description attached to this document. We require all third parties to have appropriate technical and operational security measures in place to protect your personal data, in line with EU laws on data protection. Any such company or individual will have access to personal information needed to perform these functions but may not use it for any other purpose.

11.2 Specifically, we need to have written agreements in place with all of our data processors and, before we sign each agreement, we need to have vetted and be satisfied with the processor’s data security. The agreements also need to contain specific clauses that deal with data protection.

11.3 These categories may be updated from time to time and for an updated list of categories of data processors you should check this Privacy Policy on Assissa’s website.

11.4 We may pass on your details if we are under a duty to disclose or share a data subject’s personal data in order to comply with any legal obligation, or in order to enforce or apply any contract with the data subject or other agreements; or to protect our rights, property, or safety of our employees, customers, or others. This includes reporting information about incidents (as appropriate) to the law enforcement authorities and responding to any requirements from law enforcement authorities to provide information and/or personal data to them for the purposes of them detecting, investigating and/or prosecuting offences or in connection with crime sentencing.

11.5 We need to demonstrate accountability for our data protection obligations. This means that we must be able to show how we comply with the data protection rules, and that we have in fact complied with the rules.  We do this, among other ways, by our written policies and procedures, by building data protection compliance into our systems and business rules, by internally monitoring our data protection compliance and keeping it under review, and by taking action if our employees or contractors fail to follow the rules.  We also have certain obligations in relation to keeping records about our data processing.

12. Sale of Business

12.1 Situations may arise where it is necessary to transfer information (including your personal data) to a third party in the event of a sale, merger, liquidation, receivership or transfer of all or substantially all of the assets of our company provided that the third party agrees to adhere to the terms of the Privacy Policy and provided that the third party only uses your personal data for the purposes that you provided it to us. The personal data transferred will be limited to that which is absolutely necessary. You will be notified in the event of any such transfer and you will be afforded an opportunity to opt-out.

13. Your data protection rights

13.1 Under certain circumstances, by law you have the right to:

13.1.1 Request information about whether we hold personal information about you, and, if so, what that information is and why we are holding/using it.

13.1.2 Request access to your personal information (commonly known as a “data subject access request”). This enables you to receive a copy of the personal information we hold about you and to check that we are lawfully processing it.

13.1.3 Request correction of the personal information that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected.

13.1.4 Request erasure of your personal information. This enables you to ask us to delete or remove personal information where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal information where you have exercised your right to object to processing (see below).

13.1.5 Object to processing of your personal information where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground. You also have the right to object where we are processing your personal information for direct marketing purposes.

13.1.6 Object to automated decision-making including profiling, that is not to be subject of any automated decision-making by us using your personal information or profiling of you.

13.1.7 Request the restriction of processing of your personal information. This enables you to ask us to suspend the processing of personal information about you, for example if you want us to establish its accuracy or the reason for processing it.

13.1.8 Request transfer of your personal information in an electronic and structured form to you or to another party (commonly known as a right to “data portability”). This enables you to take your data from us in an electronically useable format and to be able to transfer your data to another party in an electronically useable format.

14. Changes to the Privacy Policy

14.1 Any changes to this Privacy Policy will be posted on this website so you are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any time we decide to use personal data in a manner significantly different from that stated in this Privacy Policy, or otherwise disclosed to you at the time it was collected, we will notify you by email, and you will have a choice as to whether or not we use your information in the new manner.