Privacy statement

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Part 1 – Privacy statement

Introduction
This is the privacy statement of HROffice. HROffice offers various online HR solutions that can be purchased by customers. HROffice is a product of Adver-Online B.V. (hereinafter: “Adver”), having its registered offices at Herenweg 55, 2105 MC Heemstede. This privacy statement is intended to ensure that confidentiality is maintained regarding the personal information that HROffice receives from its customers (hereinafter: “User”) in the context of the purchase of one or more online (HR) solutions within HROffice. Adver is ‘liable’ within the meaning of the Data Protection Act for the processing of this personal data. This personal data does not include personal information that the User themselves enters, stores or otherwise processes in the private web environments of the various online (HR) solutions of HROffice. For the conditions and safeguards concerning the processing of this personal data – as far as the online (HR) solutions offered by Adver and purchased directly from Adver by the User are concerned – we refer you to the General Terms and Conditions of HROffice. When the User purchases an (online) (HR) solution through HROffice that is directly offered and performed by a third party, (additional) privacy conditions of this third party may apply. Adver does not have any influence on the privacy conditions of these third parties and advises the User in these cases to consult the privacy statement of the relevant third party. Adver may amend its own privacy statement. The most current version of the privacy statement is always available via the HROffice website.

Processing personal data

Types of personal data
In the event of the purchase of one or more online (HR) solutions via HROffice, the following personal data (hereinafter: “Personal Data”) of the User is processed:
Business contact information (name and address, e-mail address, telephone number) of User’s contact person(s), username and password.

Purpose of this processing
The personal data is processed for the following purposes:
to perform the services purchased by the User;
to perform and manage online registrations and be able to grant access to user accounts;
to inform the User about developments/changes regarding HROffice;
to send Adver newsletters and to inform the User about new products and services of HROffice (unless the User indicates in writing or by e-mail that they would prefer not to receive such information/offers);
compliance with laws and regulations. Anonymised data is used for website analyses.

Transfer to third parties
HROffice employs external parties (processors) that provide certain services on behalf of Adver. Personal data is released to these parties to the extent necessary to implement the order issued to them by Adver. HROffice is hosted by Adver-Online B.V., having its registered offices in Heemstede, and uses the Previder cloud, with servers in the Netherlands. All external parties who have access to and disposal of personal data have a (contractual) obligation to confidentiality – barring any statutory provision which obliges them to share this information or to the extent necessary to carry out the assigned task – and to take the necessary measures to ensure careful processing and securing of such data.

Security
HROffice shall exert all due efforts to take appropriate organisational and technical measures to protect the personal data against unlawful processing and/or loss. The measures include at least the measures specified in the OWASP Top 10. Employees of HROffice who have access to personal data are bound by a confidentiality clause.

Cookies
The HROffice website uses “cookies.” Read more in our cookie statement.
Retention periods HROffice saves the personal data for no longer than is necessary for the purposes for which this data is collected and acts in accordance with the applicable laws and regulations.

Right of access, correction
At any time via support@hroffice.eu, Users can request that HROffice provide access or make corrections to their own personal data.

Questions, comments and complaints
Questions, comments and/or complaints about this privacy statement or the way HROffice processes personal data can be communicated by e-mail to support@hroffice.eu.

Part II – General terms and conditions of use


Article 1 – Definitions

In these General Terms and Conditions of Use, the following definitions apply:
1.1 General Terms and Conditions of Use: the present terms and conditions of HROffice.
1.2 User: the person using HROffice Site and/or the services offered by HROffice on the Site.
1.3 Client: the natural or legal person acting in the exercise of a profession or business that is bound by a User to an agreement with HROffice or a third party on the Site to provide services.
1.4 Account: the part of the Site shielded off for personal use by the User or a third party on the Site of HROffice.
1.5 Username: the name created by the User for their profile which, in addition to their password, the User can use to log in to their account.
1.6 Data: all profiles, personal data, text, e-mail addresses, HTML codes, information, images, photos, (moving or stationary) visual material, audio material, formats, (results of) online tests, software etc., in the broadest sense of the word and irrespective of who places these, on the Site of HROffice.
1.7 Site: the website of HROffice, which can be accessed through the domain https://connect.hrappstore.com and all other websites of HROffice accessible via sub level domain names related to this domain name.
1.8 Profile: the profile created by the User with data about themselves and/or the company for which they work.
1.9 HROffice: Adver-Online B.V., to the extent in which it acts through HROffice, having its registered offices at Herenweg 55, 2105 MC Heemstede.
1.10 Password: a combination of letters, numbers and/or characters with which the User can log in to their account in combination with their username. Words in the singular form also refer to the plural and vice versa. Where he/him is written, she/her should also be understood.

Article 2 – Applicability of conditions
2.1 The relevant General Terms and Conditions of Use apply to each access and/or use of the Site by Users and Clients.
2.2 By making use of (the services of and/or) the Site of HROffice, in any manner whatsoever, the User undertakes to adhere to these General Terms and Conditions of Use.
2.3 These General Terms and Conditions of Use may be modified at any time by HROffice. In that case, the User is informed via the Site of HROffice about the new General Terms and Conditions of Use. If the User continues to use the Site of HROffice after the General Terms and Conditions of Use have been modified, the User is deemed to have accepted the new terms and conditions of use.
2.4 The most current General Terms and Conditions of Use can at all times be consulted on the Site of HROffice.

Article 3 – HROffice
HROffice is a digital platform, which the User/Client can use and within which services of Adver as well as services of related third parties are offered and Users can manage the products and services purchased on HROffice through widgets on a dashboard. To this end, the User must create an account and profile within HROffice.

Article 4 – User rights
4.1 HROffice grants the User, under the conditions as described in these General Terms and Conditions of Use, personal rights to view and/or use the Data placed on the Site by HROffice in a manner and the format in which this Data is provided by HROffice, all of this only and insofar as this use is not for commercial purposes.
4.2 Every use of the Site, the Data placed thereon and/or Data placed on the Site of HROffice takes place for the account and risk of the User.
4.3 The User shall present themselves and act as a diligent and responsible Internet user can be expected to present themselves and act.
4.4 The User undertakes to comply with all applicable (privacy) laws and regulations as well as the present General Terms and Conditions of Use and/or the remaining conditions set by HROffice.

Article 5 – Unauthorised use of Site
5.1 The User is not authorised to use the Site, Data placed on the Site and/or Data received via the (Site of) the HROffice for any other purpose than that described in these General Terms and Conditions. Among other things, this means that the User must adhere to the provisions made in these General Terms and Conditions.
5.2 The User is not authorised to use the Site for sending or publicising commercial messages or messages aimed at reaching large groups of people, this in the broadest sense of the word.
5.3 In addition, the User is not authorised to process, reproduce, copy, distribute, collect or publish the Site, Data placed on the Site and/or Data provided by the Site.
5.4 Nor is the User authorised to disrupt (the use of) the Site or to use it for:
a. placing, reproducing, in any way distributing or publicising data and information to which they are not authorised, to which third parties may have an objection, or with which any (intellectual property) rights are infringed;
b. placing, reproducing, in any way distributing or publicising data and information the content of which may be considered to be in conflict with good taste or morals, or which could be understood to be such, this according to the judgement of HROffice;
c. placing, reproducing, in any way distributing or publicising data and information that is not based on truth, this according to the judgement of HROffice;
d. illegal matters and /or purposes.
5.5 Finally, the User is not authorised to hinder other Users of the Site in the use of the Site, or to harm (the Site of) HROffice, its Users and/or third parties. This includes, among other things:
a. violation of the safety or security of (the Site of) HROffice, or attempts to do so, in the broadest sense of the word;
b. changing, deleting or disabling Data placed on the Site, in the broadest sense of the word;
c. gaining access to data not intended for them;
d. logging in to an account for which the User is not authorised;
e. copying or in any manner modifying or altering HTML codes created for the Site by HROffice.

Article 6 – Liability for Data
6.1 HROffice composes the content of the Site, including the Data placed thereupon and/or Data provided by the Site, with the utmost care. HROffice has no obligation to check the Data placed on the Site prior its placement.
6.2 Regarding Data from HROffice itself, this Data is mostly based on sources that we can consider to be reliable, but with regard to whom the accuracy and completeness of this information cannot be guaranteed. The Data placed on the Site and/or the Data provided via the Site are only indicative and no rights may be derived from this Data. Additionally, the Data is subject to change at any time and without notice.
6.3 HROffice may never be held liable for the accuracy and/or completeness of (the contents of) the Site, Data placed thereupon and/or Data provided via the Site.
6.4 The User and/or Client who uses the Site, the Data placed thereupon and/or Data received via the Site, is liable for such use and its consequences. The User and/or Client shall indemnify HROffice against claims from third parties arising from use made of the Site by the User, the Data placed thereupon and/or Data received via the Site.

Article 7 – Access to Site, disruptions and interruptions
7.1 HROffice cannot guarantee that the Site will be accessible at all times and without interruptions and is therefore not liable for loss as a consequence of technical faults, interruptions and/or disruptions in accessing the Site. In addition, HROffice is not liable for any adverse interference of the Site with the system and/or software of the User and/or Client.
7.2 HROffice will exert all possible efforts to remedy technical shortcomings, interruptions and/or disruptions in accessing the Site as soon as possible.
7.3 If an interruption and/or failure is caused by a User or a third party (including the Client), whose actions are attributable to the User or Client, all the attendant loss and consequences will be borne by the User or Client. The User or Client will indemnify HROffice in that event.
7.4 HROffice is authorised to place (the use of) the Site temporarily or permanently out of service, to limit and/or terminate it without subsequently being held liable for any resultant loss.

Article 8 – Contact between Clients and third parties
8.1 HROffice will attempt, using its Site, to put Clients in contact with third parties that provide services through the Site. HROffice cannot guarantee that these third parties are authorised to conclude an agreement and/or enter into legal relationships. If and to the extent that with the aid of the Site and/or services of HROffice, contact is established and this contact leads to any agreement and/or legal relationship between the Client and (one or more) third party/parties, HROffice shall never be connected as a party thereto.
8.2 HROffice cannot in any way be held liable for possible loss, costs or consequences stemming from said contact between Clients and third parties and the agreements made between them and/or contracts concluded and/or legal relationships entered into. This shall be the case even if these contacts were established on the basis of actions undertaken by HROffice. In addition, HROffice can never be held liable for the actions and failure to act of its Users and/or Clients and/or third parties associated with it.

Article 9 – Use by (other) Users
9.1 HROffice shall do all that is reasonably within its power to secure the Site against unlawful use and abuse. HROffice cannot guarantee that third parties (including its Users) will not make unlawful use of and/or abuse the Site (and the Data placed thereupon) and is therefore not liable.
9.2 In addition, HROffice is in no way liable for the non-compliance, incomplete or incorrect compliance of its Users with these General Terms and Conditions of Use, other HROffice conditions and/or applicable laws and regulations (including privacy laws).

Article 10 – References and links
10.1 The Site contains references and/or links to one or more third-party websites and third party websites may include references and/or links to the Site.
10.2 References and/or links to other websites are solely intended to increase the ease of use of the Site and HROffice is not responsible in any way for the content of these other websites and for any consequences arising from visiting, consulting and/or using (the content of) these websites.
10.3 If third parties include references and/or links on their websites to the Site, that does not mean that HROffice agrees with the content of these websites. In addition, HROffice in no way liable for references and/or links to the Site on other sites.

Article 11 – Virus protection
HROffice is not liable for any damage caused by viruses, worms, bots, Trojans and so forth if these occur on the Site and/or via its electronic communication methods (such as newsletters and information bulletins) despite the precautions taken by HROffice. HROffice is not liable if the Site is hacked or cracked, in the broadest sense, for instance, if the Site is (temporarily) inaccessible, or if the User Profile ends up in the hands of third parties and/or is changed by third parties.

Article 12 – Infringement of intellectual property
12.1 The User is aware that (the Site of) HROffice and/or Data received or provided by the Site are potentially protected by applicable law relating to, inter alia, intellectual property rights (including copyright).
12.2 Nothing in these General Terms and Conditions of Use or otherwise is intended to confer or transfer any intellectual property rights to the User.
12.3 The User shall refrain from any acts which infringe on any intellectual property rights.
12.4 The User is not allowed to remove, hide, obscure or alter any communications and/or notifications relating to intellectual property rights.

Article 13 – Liability
13.1 HROffice is in no way liable for loss, costs, consequences and claims (including any third party claims and any associated loss, costs and consequences) arising directly or indirectly from use of the Site and/or Data provided by or through the Site.
13.2 If and insofar as HROffice should nevertheless by liable in any way, the following provisions shall apply.
13.3 The liability of HROffice for indirect loss, including consequential damages, loss of income, damage to reputation and/or intangible loss is excluded in all cases.
13.4 Any liability is also limited to a maximum amount of €2,500 per incident and up to €5,000 per calendar year.
13.5 The liability of HROffice shall in any case never exceed the amount paid by its insurer in the relevant case.

Article 14 – Compliance with the General Terms and Conditions of Use and legislation
If the User fails to meet and/or observe their obligations under these General Terms and Conditions of Use, or fails to comply with the applicable laws and regulations and/or other conditions imposed by HROffice, they assume full responsibility for all resulting loss, costs, consequences and claims (including claims by other Users and any associated losses, costs and consequences), in the broadest sense of the word. The User shall in that case indemnify HROffice.

Article 15 – Privacy Statement
Regarding the registration and processing of personal data supplied by the User, we refer you to the applicable privacy statement, which appears as Part I of these conditions. This privacy statement must therefore be viewed as an inseparable part of these General Terms and Conditions of Use.

Article 16 – Voidability and applicable law
16.1 If one or more provisions of the General Terms and Conditions of Use are voided or declared null and void, this shall have no effect upon the validity of the remaining provisions. HP Appstore shall, in such an event, define a new provision to replace the provision that has been declared null and void, where the spirit of the provision declared null and void shall be observed as much as possible.
16.2 These General Terms and Conditions of Use are governed by Dutch law. The court in Haarlem is considered to have exclusive jurisdiction in any dispute.

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