General Terms and Conditions
- Registering/ordering a training
- Training content
- Cancelling/suspending a training
- Payment conditions
- Intellectual property and confidentiality
- Complaint procedure
- Final provisions
- Which data do we process?
- What is the legal ground and the purpose of data processing by VCANederland?
- Where are your personal data stored?
- How long are your personal data stored for?
- Who do we share your data with?
- Who can access your data?
- What are your rights?
I General Terms and Conditions
Article 1: Definitions
1.1 Person registering: the person who registers themselves or someone else for a training with trainer.
1.2 Course fee: training fee and/or exam costs.
1.3 Participant: the person registering for a training with trainer and/or participating in a training with trainer.
1.4 Exam: an exam following a training which is administered by or on behalf of trainer.
1.5 Trainer: organisation providing the training and/or organising the exam (under licence).
1.6 Agreement: a (written) agreement between trainer and the person registering, where trainer undertakes to provide one or more training courses to the person registering for payment by the person registering for the amount of the applicable fee.
1.7 Training: a coherent whole of organised didactic activities contained in course material and/or schooling. This could be a course, workshop or modular training.
Article 2: Applicability
2.1 These general terms and conditions apply to the agreement the trainer concludes with the person registering, but they also apply to the participant of the training conducted by trainer.
2.2 These conditions can be deviated from only with the trainer’s written approval.
Article 3: Registering for participation in or ordering a training
3.1 Registering for participation in a training or ordering a training can take place both in writing and by telephone. The processing of a registration or/order by trainer is without obligations and subject to conditions. The trainer can reject a registration or order at all times for reason of its own.
3.2 Every registration/order will be confirmed by means of order confirmation sent by the trainer. This order confirmation will state the title of the training, the number of participants, the agreed fees as well as the location and time of the training. The training details provided by the trainer are subject to conditions.
3.3 The order confirmation gives rise to an agreement between the person registering and the trainer, to which agreement these conditions apply.
3.4 Based on the order confirmation, the fee attached to the training will become due and payable to the trainer.
3.5 The trainer observes a cooling-off period of at least 14 days, provided the course is booked at least 30 days prior to the start of the course. This cooling-off period does not apply to e-learning products of which the activation code is used. If the registration for a training takes place within 14 days prior to the start of the training, it is binding.
Article 4: Training content
4.1 The training content matches the outlines in the order confirmation. The trainer is at all times authorised to make changes to the content of the training, provided the outlines are not deviated from.
4.2 The trainer will make the required teaching material available to the participant, except insofar as the order confirmation states differently.
4.3 If it appears during the training that the person registering/the participant requires the service to be extended, the costs involved of extending the service will be quoted and/or confirmed separately to the person registering.
Article 5: Cancelling and suspending a training
5.1 The trainer is at all times authorised to change the date of the training or to cancel the training. The trainer will notify the person registering as soon as possible. The trainer will offer a new training where possible. If this is not possible, or if the person registering and/or the participant prefers this, the trainer will return the amounts already paid to the person registering.
5.2 The person registering/the participant may cancel the agreement or withdraw the registration only with due regard to the following provisions:
- Cancellation must always take place in writing;
- When cancelling up to 2 weeks prior to the training, no course fee will be owed;
- When cancelling up to 7 days prior to the training, 50% of the course fee will be owed;
- When cancelling within 7 days prior to the training, the person registering will owe the entire course fee; Any amounts already paid minus the course fee owed in connection to the cancellation will be subtracted from the costs of a new training where possible. If this is not possible, or if the person registering and/or the participant prefers this, the trainer will return this amount to the person registering;
- When cancelling a digital training, 25% will be owed, with a minimum of €75;
- When cancelling a digital training after the person registering/the participant has been provided with a login code, 100% of the course fee will be owed;
- When cancelling the exam, the exam regulations in effect will apply.
5.3 If a participant cannot take part in the training for any reason whatsoever, the person registering has the right to send a replacement, provided that this person meets the conditions for admittance, if applicable.
5.4 In the event of misconduct by the participant or if the participant acts contrary to the applicable order and safety measures, the trainer has the right to deny the participant access to the lesson and the building, and to remove the participant from the lesson and the building without owing a refund of the course fee.
Article 6: Payment conditions
6.1 Together with the order confirmation, the trainer will send the participant an invoice in respect of the training to be taken, unless otherwise agreed in writing.
6.2 This invoice shall be paid prior to the start or delivery of the training and be transferred into the bank account of the trainer as stated in the invoice, unless otherwise agreed in writing
6.3 If the payment has not been made in time, the trainer has the right to suspend its obligation to perform, to deny the person registering/the participant access to the training, to dissolve the agreement and to recover all costs the trainer incurred and revenue it lost.
6.4 Without prejudice to the above provision in Article 6 paragraph 2, the invoices sent by the trainer have a payment term of no more than 30 days.
6.5 If the person registering fails to perform one or more of its obligations, the costs of recovering the costs extrajudicially will be wholly for the account of the person registering. If the person registering fails to make a timely payment of the course fee, he forfeits in any event an immediately due and payable fine of 15% of the amount still outstanding, with a minimum of €75.
6.6 If the trainer has incurred further costs which were reasonably necessary, these costs will also be payable by the Client.
6.7 The person registering owes statutory commercial interest rate on the collection costs incurred.
6.8 If the participant does not or not fully make use of the right to attend the lessons which are part of the training he is registered for, there is no right to a refund of the course fee or a part thereof.
Article 7: Intellectual property and confidentiality
7.1 The trainer is at all times the only party entitled in regard to intellectual property rights to the items, materials and (electronic) information made available to the person registering or the participant, unless the trainer has expressly indicated otherwise in writing.
7.2 The person registering and/or the participant receives only a non-transferable right of use for the purpose of the training course(s).
7.3 The person registering and/or the participant will not multiply the items, materials and (electronic) information as stated in paragraph 1, or make them known to third parties. Under third parties is included anyone who cannot be equated with the person registering.
7.4 Under no circumstance is the person registering and/or the participant allowed to make any changes to the items, materials and (electronic) information stated in paragraph 1, or to make changes to their security or their accompanying notices regarding the intellectual property rights.
7.5 The person registering and/or the participant is at all times bound to keep confidential the (content of) the items, materials and (electronic) information as stated in paragraph 1 and to use them solely for the purpose in respect of which right of use was extended.
Article 8: Non-competition
8.1 Without the express written permission of the trainer, the person registering/the purchaser is not allowed to develop or instruct a similar training by themselves or together with third parties based on the training, developed curricula and the teaching material used by trainer.
Article 9: Liability
9.1 If the trainer, through whatever circumstances, cannot continue a part of the training or part of a training day, the trainer will, in consultation with the person registering and/or the participant, schedule this part of the training at a later date.
9.2 Trainer is by no means liable for costs and/or damage resulting from cancelling or not continuing a training and/or part of a training or (part of) a training day.
9.3 Trainer is not liable for damage which may arise with or to the person registering and or the participant
because of or in connection with or based on the content of the teaching material provided by the trainer and/or the lessons, advice and/or instructions given by the trainer. The person registering/the participant using the teaching material and applying the given instructions and advice does so fully at their own account and risk.
Article 10: Examination
10.1 All exams organised by or on behalf of trainer are subject to exam regulations which will be supplied by trainer to the participants of the training.
10.2 In the event exams are administered by third parties, the trainer will make an effort to inform the participants about the applicable exam requirements in a timely fashion.
10.3 Participants of a training and/or exam are obliged to prove their identity when so requested by a teacher, a staff member of the trainer or a staff member of the external examination agency in accordance with the requirements of the Compulsory Identification Act.
10.4 In cases not provided for by the exam regulations in effect, the trainer shall decide.
Article 11: Complaint procedure
11.1 Our members of staff will try their utmost to be of service to you. If in your opinion a VCANederland member of staff has not treated you or a third person associated with VCANederland correctly, you may lodge a complaint with VCANederland, preferably through the complaints form.
11.2 You can submit your complaint by completing the complaint form online or submitting your complaint in writing. Please send a description of your complaint, the relevant course or exam and your details to:
attn. Complaints Coordinator
PO Box 137
7300 AC Apeldoorn
11.3 The customer complaint procedure is as follows: You will receive a confirmation of receipt following your complaint. Your complaint will be handled by a different person than the person who is involved in the incident, or who the complaint is about. Depending on the nature of the complaint, the persons involved at VCANederland will be heard. We can contact you by telephone to see if VCANederland can resolve the complaint to your satisfaction by clarifying the issue. You will have the opportunity to further explain your complaint. The information you provide will be dealt with in the strictest confidence by VCANederland. We will deal with your complaint within four weeks. This term may be extended by another four weeks; we will inform you about this.
11.4 If you do not agree with a substantive decision made by VCANederland, you can appeal to the Kiwa Appeal Board within 30 days of the decision date. Lodging an appeal takes place on the basis of the Kiwa Regulations for the Appeal Board. The decision of the Appeal Board is binding.
Article 12: Final provisions
12.1 On all agreements and disputes resulting from and/or connected to these general terms and conditions and the agreements these general terms and conditions apply to are subject to Dutch law.
12.2 The competent judge in the court district of The Hague has exclusive jurisdiction to hear disputes within the meaning of Article 11 paragraph 1.
II Privacy Statement
The protection of your personal data is very important to VCANederland. VCANederland respects your privacy and ensures that your personal data will always be treated confidentially and in accordance with the privacy legislation in effect. In this statement, we inform you which data we collect, why we collect these data and how we use them to improve your user experience so that you know exactly how we work.
Which data do we process?
VCANederland processes personal data in order to register you or your members of staff for one of our services. Or to process the order of a certain product.
The following personal data are processed by us:
- name and address, e-mail address and telephone number;
- date and place of birth
- other personal data you actively provide us with.
What is the legal ground and the purpose of data processing by VCANederland?
VCANederland processes personal data only on grounds of:
- your permission;
- performing the agreement we concluded with you;
- observing legal obligations, and/or
- protecting the justified interests of VCANederland or a third party in the context of normal business operations and sending newsletters.
VCANederland processes your personal data for one or more of the following purposes:
- performing the agreement(s) we concluded with you;
- keeping records, as well as other internal management activities;
- being able to contact you and to respond to questions you have asked;
- handling requests for information;
- being able to send VCANederland digital newsletters;
- observing legal obligations, such as administrative obligations and the requirement to retain data;
- dealing with disputes.
If the personal data are processed on the basis of permission, this permission may be withdrawn at any time.
Where are your personal data stored?
VCANederland makes use of two ways to process your personal data: on the servers in its own data centre and on servers (cloud) of third parties. VCANederland has a strict security policy to guarantee effective security of your personal data. When we use an online provider, we choose to work together with the market leaders, or other parties which meet the EU legislation and which have taken extensive security and privacy measures.
How long are your personal data stored for?
VCANederland stores your personal data no longer than is legally allowed and strictly necessary for the purposes for which your data were collected and processed. The retention period depends on the purposes for which the data are collected.
Who do we share your data with?
In general, VCANederland does not share any data with third parties collecting and using personal data for their own (business) purposes. If this is necessary to supply you with VCANederland products and services, third parties, such as instructors and external, independent exam agencies, will receive data from us about you.
Who can access your data?
VCANederland uses internal access restrictions for personal details and we expect third parties to also limit access to your personal data on a ‘need to know, right to know’ basis. This means that only those people who actually have to actively process your data are allowed to do this.
What are your rights?
Based on the General Data Protection Regulation (GDPR), you have various rights which are respected by VCANederland. These rights include the right to inspect the personal data processed by VCANederland and the right to correct these data if they are not or no longer accurate. You may also object against certain processing of personal data on the basis of your specific situation, if the processing is not based on your permission, the performance of a concluded agreement or observing legal requirements. Furthermore, you can, under the conditions as stated in the GDPR, submit a request to remove your personal data or limit their processing. And finally, you have a right to data portability.
Questions or requests in this context will be answered by VCANederland in principal within one month, however, this term may be extended to three months. In any event, you can contact us via email@example.com
In addition to the above-stated rights, you have the option to lodge a complaint with the Data Protection Authority. You can find the contact details of the Data Protection Authority via the website www.autoriteitpersoonsgegevens.nl.
Change to the privacy statement
This privacy statement can be changed by VCANederland at any time without prior warning. It is therefore advisable to consult this statement regularly.
Questions and feedback
If you have any questions about this privacy statement, you can contact us via our Information Security & Privacy Officer, Mr Stef Mimpen, e-mail Stef.Mimpen@kiwa.nl, mobile phone +31 + 8228 2656.