The customer’s rights of action will expire by limitation at the latest one year after they have arisen, unless this would be contrary to mandatory rules and regulations.
Should any provision of these General Terms and Conditions be or become invalid, the provision concerned (insofar as possible by operation of law) will be replaced by a provision which reflects as near as possible the intention of the void or voided provision. The parties are obliged to enter into reasonable negotiations about the wording of the new provision. All remaining provisions of the General Terms and Conditions will remain in full force, unless they are contrary to mandatory laws and regulations.
All intellectual and/or industrial property rights on software, designs, drafts, documentation and recommendations developed or made available by Koek&Peer lie exclusively with Koek&Peer. Unless explicitly agreed otherwise or except for mandatory provisions to the contrary, the customer will only receive a non-transferable, non-exclusive right of use. Any other right of use, multiplication, publication and/or exploitation is explicitly prohibited.
The names and terms in this Appendix that are written with a capital letter have the following meaning:
Personal data: all information about an identified or identifiable natural person;
Identifiable: a natural person who can be identified directly or indirectly, in particular by means of an identifier;
Processing: an operation or a whole of operations relating to Personal Data or a set of Personal Data, whether automated or not, such as collecting, recording, organizing, structuring, storing, updating or modifying, retrieving, consulting, using, providing by means of transmitting, distributing or otherwise making available, aligning or combining, blocking, erasing or destroying data;
Pseudonymisation: the processing of personal data in such a way that the personal data can no longer be linked to a specific data subject without additional data being used;
Privacy legislation: all applicable laws and regulations on the processing of personal data – but not limited to – the General Data Protection Regulation (GDPR);
Data breach(s): a personal data breach, ie any breach of security that inadvertently or unlawfully leads to the destruction, loss, modification or unauthorized disclosure of or unauthorized access to stored or otherwise processed data;
Responsible for processing: the (legal) person who (either alone or together with others) determines the purpose and the means for the Processing of personal data and on the basis of Privacy Legislation it is obliged to take the guarantees that are necessary for that Processing;
Processor: the (legal) person who processes Personal Data on behalf of the Processing Officer;
Sub-processor: the (legal) person who, in turn, processes for the Processing of Personal Data;
Marketplace: the (legal) person where EffectConnect makes product information available on behalf of the customer, with the aim of publishing and / or offering these products via the relevant marketplace, in particular in the form of a webshop (webshop);