Terms of use
The terms of use of the Kiyoh customer review system.
The Terms of Use apply to the use of the customer review system of Klantenvertellen B.V., located at Steenweg 79, (5301 HK) Zaltbommel, registered in the trade register of the Chamber of Commerce under number 81275048 (hereinafter: 'Klantenvertellen').
By filling in your review and clicking on the 'submit' button, you agree to the applicability of these Terms of Use. We advise you to 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 (both singular and plural) have the following meanings:
Contractor/Company: the business 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 based on which the User can provide a Review;
User/You: a natural person, older than 16 years, who has entered into a user agreement with Klantenvertellen for posting a Review and is a customer of the Contractor/Company;
Review: an evaluation of a Company posted by the User, including the filled-in personal information (such as first name, place of residence, age, or purchased product);
Website: the agreed website www.klantenvertellen.nl, www.kiyoh.com, www.kiyoh.nl, or www.patientenvertellen.nl.
Article 2 / Posting Reviews and Delivery of the Service
2.1 Klantenvertellen offers you the opportunity to fill in Surveys via the Service and leave one Review based on one experience.
2.2 Your Review (including personal information) may be published on the Website, the website, or other media of the Company and in search engines and/or websites of other partners of Klantenvertellen which are 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 then entitled, but not obliged, to publish the Reviews on its website. If the Company decides to publish the Reviews, it must post all Reviews; it may not make a selection. The Company is entitled to publish the Reviews in its own look and feel.
2.4 Klantenvertellen is entitled to censor the Review or remove it if you have not purchased a product or service, without you being entitled to any form of compensation. Klantenvertellen may do this, for example, if the Personal Data you provided is incorrect, 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 guarantee that all (personal) data you provide in the context of the Service, such as your name, address, and email address, are complete, correct, and current, and that you use the Service solely for yourself.
3.2 You are liable for the content of the Reviews and guarantee that:
a) the content is not false, misleading, fraudulent, or otherwise unlawful and/or in violation of the law;
b) you do not treat others (including the Company you are reviewing) unfairly with the Review, for example, by posting discriminatory, offensive, or insulting texts;
c) the Review is solely based on your own purchase experience with the Company and this purchase experience took place no more than 6 months ago. This 6-month period does not apply if you post the Review following a request from the company. To ensure the reliability of the Reviews, Klantenvertellen is entitled to contact you by email on a random basis to provide proof that you are (or were) a customer of the Company.
d) 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 good name of Klantenvertellen and its Service in particular.
g) the Reviews are solely about 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 (GDPR) and ensures that the processing of these Personal Data complies with the obligations set out 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 is in violation of the Terms of Use, they can request Klantenvertellen by email to remove your Review. Klantenvertellen will inform you of the complaint by email as soon as possible and give you the opportunity to defend yourself. 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 related to the Service (including but not limited to the website of Klantenvertellen, images, design, and other materials) are owned by Klantenvertellen and/or its licensors. No transfer of intellectual property rights takes place.
6.2 You may only use the Service for the purposes described in these Terms of Use. You are not entitled to make (parts of) the Service available to third parties, reproduce, distribute, modify, or in any way incorporate into other material, another website, or other software or service, subject it to reverse engineering, create derivative products or services, or otherwise use it other than in accordance with the purpose of the agreement.
6.3 You guarantee that your Review or other materials you provide do not infringe on 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 for the utmost care regarding (the content of) the Service, we cannot guarantee the absence of any defects or other imperfections, including in particular incompleteness or inaccuracies in the publication of your Review(s). Klantenvertellen is in no way liable for any damage caused by the Service or any defects or other imperfections in or regarding the Service.
Article 8 / Final Provisions
8.1 Klantenvertellen is entitled to amend the Terms of Use. The amendment will be announced via the Website or in another manner. If you do not accept the amendment, you can terminate your use of the Service as of the date the amendment takes effect. Termination does not lead to the removal of the Reviews.
8.2 Dutch law applies to the agreement and these Terms of Use.
Privacy Policy for Customer Reviews
This Privacy Policy is an appendix to the Terms of Use of Klantenvertellen bv and should be considered as a supplement to the Disclaimer & Privacy and Cookie Statement of Klantenvertellen bv. This Privacy Policy uses the definitions included in article 1 of the Terms of Use. The Privacy Policy applies to all Personal Data of Users that we process in the context of our Service.
By posting a Review and clicking on 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 for Your own records.
1. Processor
Responsible for the processing of the Personal Data is:
Klantenvertellen B.V.
Steenweg 79
5301 HK Zaltbommel
Tel: 0418 729 200
Chamber of Commerce number: 81275048
The data protection officer can be reached via [email protected].
2. What data does Klantenvertellen process and for what purpose
2.1 Klantenvertellen processes the Personal Data that the User enters when posting the Review on the Website. This concerns the following Personal Data: name, place of residence, email address (required).
2.2 The Personal Data you provide, and any other information you have entered on the Website, are used for the execution of the agreement and more specifically for the following purposes:
(i) Your name and place of residence are provided along with the Review to the Company to which the Review pertains;
(ii) the Review is published along with your first name and place of residence on the Company's website and on the website and in search engines of the partners announced by Klantenvertellen. Your email address is not published.
(iii) Your name and email 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 the possibility that the Company links the Personal Data included in the Review to its own customer data and thus determines that the Review is from you. As a result of the Review, the Company may contact you.
2.4 During the period that your Review is published through our Service, your Personal Data will be stored and processed by us. If and when your Review is removed, we will also delete your Personal Data.
2.5 Klantenvertellen may anonymize the Personal Data and then use it at an aggregated and anonymized level for research purposes and to optimize the Service.
2.6 Through the Website, Klantenvertellen also processes IP addresses of Users. These data are used solely to check whether the Service is being used lawfully and to ensure the User does not post multiple Reviews for the same company. After a period of 90 days, these are deleted or anonymized.
3. Right of access, deletion, and questions complaints
3.1 Through our customer service ([email protected]), you can 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 handle your requests promptly and inform you, within a month of receiving the request, about the follow-up given to the request. If we do not comply with your request, we will always explain why.
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 handle the objection promptly, within a 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 forwarded to the Company that published your Review.
3.4 If you have complaints about how 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 always 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. Changes will be announced via the Website. We advise you to regularly review the Privacy Policy.
5. Transfer of Ownership
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 this third party. If this situation occurs, it will be announced on the Website. If you disagree with this transfer, you can terminate the Service or request us to delete your Personal Data.