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Terms & Conditions Priva Alarms

Article 1 – Definitions

“Agreement” means the agreement between Priva and the Client, consisting of the Order Form and any attachments thereto, including the General Terms and Conditions.
“Client” means the customer stated in the Order Form.
"Confidential Information" means all information disclosed by or on behalf of a party (in whatever medium including in written, oral, visual or electronic form and whether before or after the date of this Agreement) including all business, financial, commercial, technical, operational, organisational, legal, management and marketing information which is either marked as being confidential or which would reasonably be deemed to be confidential in the ordinary course of business.
“Effective Date” means the date the Order Form is signed or otherwise ordered by the Client through Priva’s online purchase environment, insofar available.
“General Terms and Conditions” means these general terms and conditions for Horticulture Services.
“Horticulture Services” means the online horticulture services, as made available by Priva via its websites and applications, structured and designed to enable the Client to monitor and control selected parts of his business operations.
“Initial Term” means the number of years specified in the Order Form, commencing from (i) the date that the Client is provided with the user names and passwords necessary to activate the Horticulture Services or (ii) two weeks after the Effective Date, whichever occurs first.
“Order Form” means the order form pursuant whereto Priva will provide to the Client and the Client will take from Priva the Horticulture Services in accordance with the terms of the Agreement.
“Priva” means Priva B.V, a private company with limited liability having its official seat and office at Zijlweg 3 in De Lier, the Netherlands.
“Priva Platform” means Priva's IT systems (which includes any soft- or hardware provided by third party providers) that are used to run the Horticulture Services.

Article 2 – Applicability

2.1 These General Terms and Conditions for the Horticulture Services shall apply to and are expressly incorporated into the Agreement and all subsequent agreements entered into between Priva and the Client in connection with the Horticulture Services.
2.2 The applicability of the Client’s general terms and conditions is hereby expressly excluded.

Article 3 – The Horticulture Services

3.1 The Client is granted a non-exclusive and non-transferable right to use the Horticulture Services as selected in the Order Form for monitoring and managing selected parts of its business operations including, as the case may be, alarms & notifications, reporting, planning and messaging purposes.
3.2 The Client is responsible for:
(i) Implementing and adhering to Priva's instructions, manuals and documentation related to the Horticulture Services;
(ii) ensuring that it has suitable and properly functioning hardware (including IT, computers and mobile devices), software and internet access to the Horticulture Services of sufficient capacity (together "IT Infrastructure");
(iii) the transmission of any data between its IT Infrastructure and the Priva Platform; and
(iv) the correct configuration of the Horticulture Services and Client's IT Infrastructure, including the interoperability of both.
3.3 The Client shall not:
(i) Use the Horticulture Services to provide similar services to third parties; and
(ii) Otherwise mis- or abuse the Horticulture Services or Priva Platform.
3.4 Unless specifically stated otherwise under these General Terms and Conditions, the Horticulture Services will be provided without any warranties, including any warranties related to availability of the Horticulture Services, errors and bug fixes, added functionalities, service requests and interoperability.
3.5 Moreover, Client acknowledges and agrees that Priva cannot warrant that the Client will be able to successfully use the Horticulture Services for the intended use, that it will be available on a continuous basis nor with consistent levels of quality and connectivity, due to the fact that such use depends partly on circumstances beyond Priva’s reasonable control, including those circumstances for which the Client will be responsible pursuant to this Article 3.
3.6 Priva has a right to change the Horticulture Services, including their look, feel, functionalities and interoperability with IT Infrastructure.
3.7 Priva has the right to suspend (wholly or in part) the provision of Horticulture Services to Client if, to Priva's reasonable judgement, Client violates any of the obligations in this Agreement.

Article 4 – User names and passwords

4.1 Priva shall provide the Client with the necessary access data, such as account names, user names and passwords. For security reasons, the Client must ensure that the passwords are changed immediately after Priva provided the such passwords and/or after having accessed the Horticulture Services for the first time. Client has the responsibility to keep all access data (including usernames and passwords) confidential.
4.2 The Client is responsible and liable for any use of the Horticulture Services, if any user obtained access to such service via the Client’s access data, even if the Client did not consent to or was unaware of such use.
4.3 The Client will not allow any third party to use or access the Horticulture Services unless with Priva's prior written consent.4.4 The Client will ensure that, unless specifically stated otherwise, account details (including usernames and passwords) and any individual use of the Horticulture Services through such account is restricted to one specific individual only, and eg. not shared among other individuals.

Article 5 – Fees and Payment

5.1 The Client will pay Priva for the provision of the Horticulture Services in accordance with the charges set out in the Order Form. The charges are exclusive of VAT, and must be paid within 30 days after receipt of the invoice for the Horticulture Services, or as otherwise stated in such invoice.
5.2 The charges are fixed for the Initial Term and may be adjusted by Priva thereafter per the first day of each additional period of one year, provided that Priva has given the Client at least four (4) months prior notice.
5.3 The charges will be due annually in advance, or as otherwise stated in Agreement. If Client fails to make a timely payment under this Agreement:
(i) the Client shall be in breach of this Agreement, without any notice of default being required and all of Priva’s claims against the Client shall become immediately due and payable;
(ii) the Client shall be obliged to pay the statutory interest rate for commercial debts on the outstanding amount and all judicial and extra-judicial costs incurred by Priva relating to the recovery and collection of any overdue amount;
(iii) Priva reserves the right to suspend the Client’s access to and use of the Horticulture Services until all outstanding amounts (including interest and costs) are settled; and
(iv) the costs of suspending and reactivating shall be borne by the Client.
5.4 All payments to be made by the Client must be effected without set-off or suspension.

Article 6 – Liability and indemnification

6.1 Subject to article 6.3, in no event, whether in contract, tort (including in either case negligence), misrepresentation (other than fraudulent misrepresentation), breach of statutory duty or otherwise pursuant to the Agreement, Priva shall be liable for any loss of profits, anticipated savings, revenue, business, loss or corruption of data, loss of use, loss of goodwill, loss due to delay or any indirect or consequential loss or damage whatsoever.
6.2 Subject to articles 6.1 and 6.3, Priva’s aggregate liability, whether in contract, tort (including in either case negligence), misrepresentation (other than fraudulent misrepresentation), breach of statutory duty or otherwise pursuant to the Agreement, shall be limited to the net price paid or to be paid by the Client in the twelve (12) months preceding the date that the loss or damage occurred.
6.3 Nothing in the Agreement shall be deemed to exclude or limit Priva’s liability in respect of:
(i) Loss or damage caused by wilful intent or gross negligence of Priva or Priva’s officers, employees, agents or contractors; or
(ii) Injuries to or death of any person, caused by Priva or Priva’s officers, employees, agents or contractors.
6.4 Any claim for loss or damages must be notified to Priva within four (4) months as from the date on which the damage was caused, failing which such claim is deemed to be waived.
6.5 Client shall defend, indemnify and hold harmless Priva against claims, actions, proceedings, losses, damages, expenses and costs (including without limitation court costs and reasonable legal fees) arising out of or in connection with the Client's use of the Horticulture Services.

Article 7 – Data Protection

7.1 The parties will observe all provisions of the relevant data protection laws and regulations, insofar as the violation of such provisions affects the interests of the other party. Both parties will implement appropriate technical and organisations measures to protect the personal data described under this Article 7, which includes appropriate confidentiality agreements with employees and contractors.
7.2 Priva will collect, process, store and use personal data to the extent that such is necessary for fulfilling its obligations and exercising its rights under this Agreement, and for the purpose of obtaining aggregated statistics related to the use of the Horticulture Services. The Client agrees that Priva may make the data available to subcontractors.
7.3 Client shall inform its employees and all the persons who will use the Horticulture Services provided to Client or who's data may be processed through the Horticulture Services ("Data Subjects") about the type of data which will be processed, of the purposes and duration of the processing and whether the data will be transmitted to third parties for the purpose of providing the Horticulture Services. Moreover the Client shall inform these Data Subjects about their rights regarding the data processed.
7.4 The Client warrants that it holds the written consent from these Data Subjects insofar required by law. The Client shall present the relevant consent to Priva on request.

Article 8 – Intellectual Property

8.1 Priva retains all intellectual property rights vested in the Horticulture Services and the Client shall not at any time acquire any rights, title or interest in these intellectual property rights by virtue of any use that the Client may make thereof pursuant to the Agreement.
8.2 The Client will not at any time contest Priva’s ownership of the intellectual property rights, nor assist anyone else to do so, nor do anything that would jeopardize or diminish Priva’s rights to the Horticulture Services or the value of the intellectual property rights vested therein.

Article 9 – Confidentiality

9.1 The receiving party of Confidential Information shall use the same degree of care that it uses to protect the confidentiality of its own confidential information of like kind (but in no event less than reasonable care) (i) not to use any Confidential Information of the disclosing party for any purpose outside the scope of this Agreement, and (ii) except as otherwise authorized by the disclosing party in writing, to limit access to Confidential Information of the disclosing party to those of its employees, affiliates, contractors and agents who need such access for purposes consistent with this Agreement and who have signed confidentiality agreements with the receiving party containing protections no less stringent than those herein.
9.2 If this Agreement is terminated, the receiving party shall promptly return or destroy at the request of the disclosing party all Confidential Information of the disclosing party.
9.3 The receiving party may disclose Confidential Information of the disclosing party if it is required by law or regulations to do so, provided the receiving party gives the disclosing party prior notice of such disclosure (to the extent legally permitted) and reasonable assistance, at the disclosing party's cost, if the disclosing party wishes to contest the disclosure.
9.4. The terms and conditions of this Agreement are confidential and may not be disclosed by either party without the prior consent of the other party.

Article 10 – Term and Termination

10.1 The Agreement commences on the Effective Date and shall expire after the Initial Term. Following the Initial Term, the Agreement shall automatically renew for consecutive additional periods of one (1) year each, unless either party gives the other party written notice of its intention not to renew at least three (3) months prior to the date on which the Agreement would otherwise renew.

10.2 Each party may, without prejudice to any of its other rights arising hereunder, upon giving written notice to the other party, terminate the Agreement with immediate effect, if:
(i) the other party commits a material breach of the Agreement, which breach is not cured within 30 (thirty) days after written notice of the breach;
(ii) the other party has been granted provisional suspension of payment or is declared bankrupt or a resolution is passed or a petition is presented for the winding-up of the other party, such party has called a meeting of or has entered into or has proposed to enter into an arrangement, scheme of composition with creditors.
(iii) a situation of force majeure has lasted for more than sixty days.

Article 11 – Miscellaneous

11.1 This Agreement constitutes the whole agreement between the parties and supersede any previous arrangement, understanding or agreement between them relating to the subject matter they cover.
11.2 Neither party may assign, sub-contract, transfer or dispose of any of its rights and obligations under the Agreement, either in whole or in part, without the prior written consent of the other party, provided that Priva may assign, sub-contract, transfer or dispose of any of its rights and obligations under the Agreement, either in whole or in part, to any of its affiliates without the Client’s prior consent.
11.3 The invalidity or unenforceability of any provision of the Agreement shall not affect the validity or enforceability of the remainder of the Agreement and the parties shall use all reasonable endeavours to agree within a reasonable time upon any lawful and reasonable variations to the Agreement which may be necessary in order to achieve, to the greatest extent possible, the same effect as would have been achieved by the invalid or unenforceable provision.
11.4 No amendment to the Agreement is valid or binding, unless made in writing (subject to Priva's right pursuant to article 11.5).
11.5 Priva is entitled to amend these General Terms and Conditions, which amendments shall apply to the Agreement with effect of the date that the Client is notified thereof.
11.6 Each dispute arising under the Agreement shall, in first instance, be settled by the competent Court of The Hague, which shall have exclusive jurisdiction in respect of any such disputes. The Agreement is subject to Dutch law.

Privacy Policy

Contact

This privacy policy applies to the personal data that is collected or used by Priva Holding B.V. or its affiliates or subsidiaries (“Priva”)

Zijlweg 3 P.O. Box 18
2678 ZG De Lier 2678 LC De Lier
the Netherlands the Netherlands
+31 174 522 282
privacy@priva.nl

Scope

This Privacy Statement applies to:

  • (potential) customers of Priva
  • visitors to the Priva websites
  • recipients of newsletters and commercial emails sent by Priva
  • all other persons who contact Priva or of whom Priva processes personal data

Types of personal data

Personal data provided by you:

  • contact details and other personal data needed to provide our products and services
  • contact details and other personal data provided during for example events, seminars and information on business cards
  • contact details and other personal data provided through contact forms or other web forms

Personal data obtained through or generated on our website, electronic newsletters, commercial emails or related technologies:

  • IP address
  • your browsing behaviour on the website (including our web applications) such as information on your first visit, previous visit and current visit, the visited pages and the manner in which you navigate on the website
  • whether you open a newsletter or commercial email

Personal data obtained from other sources:

  • Personal data obtained from the Trade Register of the Chamber of Commerce
  • Social Media

Reasons Priva may use your personal data for

  • Implementing an agreement related to our products and services.

Your contact details will be requested. Priva may also require other personal data to be able to execute the agreement, depending on the actual circumstances. The data will also be used to invoice the products and services Priva provided to you.

  • Stay in touch with our customers.

Your contact details will be recorded in our systems and can be used to send you newsletters, updates, invitations to events and seminars and requested information.

  • Access control and company security

Related to our Data Services related web and mobile applications: an identifier related to an authenticated user is used by our Services to authorize this user. For display purposes only (so the user can recognize her/himself in our applications) we use the DisplayName provided by our identity provider (Microsoft Azure AAD B2C).

  • Carrying out and analysing customer satisfaction surveys
  • Preparing user statistics

The user statistics of the website enables Priva to get an idea of the number of visitors, the duration of the visits, what sections of the website are visited and the click-behaviour. These are generic reports without any information about individual persons. Priva uses the collected information to improve the website.

Legal grounds for processing your personal data

  • Based on an agreement or for the conclusion of an agreement
  • A legal obligation
  • Approval, although you will always have the right to withdraw any permission you have given Priva upon request
  • In relation to a legitimate interest, Priva may, for example, use your contact details to invite you to an event.

Processors

Priva may hire service providers (processors) for the processing of your personal data which solely process your personal data based on our instructions. Priva will conclude a data processing agreement with these processors which meets the requirements laid down in the General Data Protection Regulation.
Priva, for example, works with service providers offering IaaS solutions (Infrastructure as a Service) or hosting services. Priva also hires IT service providers that provide support to the operation of our systems. Priva also makes use of third-party services to send newsletters and commercial emails.

Third parties

Priva sometimes needs to share your personal data with third parties, depending on the actual circumstances. There are also legal obligations that requires Priva to disclose personal data to third parties.

Your personal data will not be shared with third parties for commercial purposes.

Personal Data can also be provided to third parties in case of a reorganisation or merger of our company or sale of (a part) thereof.

Transfer outside the European Economic Area

Priva may need to transfer your personal data to parties located outside of the European Economic Area (EEA), depending on the circumstances.

The processors located outside of the European Economic Area which provide Priva with services related to online newsletters and mailing alarm notifications are located in the United States and have a registration for the EU-US Privacy Shield. You can find more information on: https://www.privacyshield.gov/welcome

Rights regarding your personal data

You have the right to access, correct and remove your personal data. You can also object to the use of your personal data or request to limit their use. In certain cases, you can request your data and transfer them to another party. If you have any questions, please contact privacy@priva.nl or call +31 (0) 174 522 282.

Complaints

If you have any complaints about how Priva handles your personal data, please contact Priva by sending an email to privacy@priva.nl. Priva would be happy to assist you. If this is not possible, you can always contact the Data Protection Authority through https://autoriteitpersoonsgegevens.nl/

Changes

Priva may change this Privacy Policy. Priva invites you to regularly check the Privacy Policy to keep informed. Priva will also inform you of any substantial changes through this website.

Priva Alarms for growers

As an addition to your existing alarm systems, Priva Alarms provides you with an overview of the alarms in all Priva systems at your horticultural business. It alerts you when an alarm is activated and gives you detailed information. The app offers an instant overview of the alarms in your Priva systems while you are on the go.

Priva Alarms for growers infographic
  • Flexibility

    Your alarm information anytime, anyplace, anywhere

  • Quick set up

    Easy installation and multi-user application

On the go

Your business never stops, so you will need your alarm information anytime, anyplace and anywhere. With the Priva Alarms App, you can! The app provides you an overview of the alarms in all Priva systems at your horticultural business. It alerts you when an alarm is activated and gives you detailed information. An incoming alarm? With Priva Alarms you can turn off the alarm bell remotely. You can also give an acknowledgment via the app so that your colleagues know the alarm is being taken care of.

The app was developed in close collaboration with a group of test customers. Their feedback was vital to achieve the easy set-up, the great flexibility and practical features.

Priva Alarms for growers

Get started

With a subscription service, getting started is very easy. After your subscription, you receive your login details and are ready to go! To set up your alarms, you simply connect your locations, link your Priva systems and invite your colleagues to receive alerts.

How to get it?

The Priva Alarms app is available in the app stores of Apple and Android. With the Priva Cloud connection software, your Priva computers are connected in a safe and easy way with the Priva Cloud Service environment.

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Terms & Conditions Priva Alarms

Article 1 – Definitions

“Agreement” means the agreement between Priva and the Client, consisting of the Order Form and any attachments thereto, including the General Terms and Conditions.
“Client” means the customer stated in the Order Form.
"Confidential Information" means all information disclosed by or on behalf of a party (in whatever medium including in written, oral, visual or electronic form and whether before or after the date of this Agreement) including all business, financial, commercial, technical, operational, organisational, legal, management and marketing information which is either marked as being confidential or which would reasonably be deemed to be confidential in the ordinary course of business.
“Effective Date” means the date the Order Form is signed or otherwise ordered by the Client through Priva’s online purchase environment, insofar available.
“General Terms and Conditions” means these general terms and conditions for Horticulture Services.
“Horticulture Services” means the online horticulture services, as made available by Priva via its websites and applications, structured and designed to enable the Client to monitor and control selected parts of his business operations.
“Initial Term” means the number of years specified in the Order Form, commencing from (i) the date that the Client is provided with the user names and passwords necessary to activate the Horticulture Services or (ii) two weeks after the Effective Date, whichever occurs first.
“Order Form” means the order form pursuant whereto Priva will provide to the Client and the Client will take from Priva the Horticulture Services in accordance with the terms of the Agreement.
“Priva” means Priva B.V, a private company with limited liability having its official seat and office at Zijlweg 3 in De Lier, the Netherlands.
“Priva Platform” means Priva's IT systems (which includes any soft- or hardware provided by third party providers) that are used to run the Horticulture Services.

Article 2 – Applicability

2.1 These General Terms and Conditions for the Horticulture Services shall apply to and are expressly incorporated into the Agreement and all subsequent agreements entered into between Priva and the Client in connection with the Horticulture Services.
2.2 The applicability of the Client’s general terms and conditions is hereby expressly excluded.

Article 3 – The Horticulture Services

3.1 The Client is granted a non-exclusive and non-transferable right to use the Horticulture Services as selected in the Order Form for monitoring and managing selected parts of its business operations including, as the case may be, alarms & notifications, reporting, planning and messaging purposes.
3.2 The Client is responsible for:
(i) Implementing and adhering to Priva's instructions, manuals and documentation related to the Horticulture Services;
(ii) ensuring that it has suitable and properly functioning hardware (including IT, computers and mobile devices), software and internet access to the Horticulture Services of sufficient capacity (together "IT Infrastructure");
(iii) the transmission of any data between its IT Infrastructure and the Priva Platform; and
(iv) the correct configuration of the Horticulture Services and Client's IT Infrastructure, including the interoperability of both.
3.3 The Client shall not:
(i) Use the Horticulture Services to provide similar services to third parties; and
(ii) Otherwise mis- or abuse the Horticulture Services or Priva Platform.
3.4 Unless specifically stated otherwise under these General Terms and Conditions, the Horticulture Services will be provided without any warranties, including any warranties related to availability of the Horticulture Services, errors and bug fixes, added functionalities, service requests and interoperability.
3.5 Moreover, Client acknowledges and agrees that Priva cannot warrant that the Client will be able to successfully use the Horticulture Services for the intended use, that it will be available on a continuous basis nor with consistent levels of quality and connectivity, due to the fact that such use depends partly on circumstances beyond Priva’s reasonable control, including those circumstances for which the Client will be responsible pursuant to this Article 3.
3.6 Priva has a right to change the Horticulture Services, including their look, feel, functionalities and interoperability with IT Infrastructure.
3.7 Priva has the right to suspend (wholly or in part) the provision of Horticulture Services to Client if, to Priva's reasonable judgement, Client violates any of the obligations in this Agreement.

Article 4 – User names and passwords

4.1 Priva shall provide the Client with the necessary access data, such as account names, user names and passwords. For security reasons, the Client must ensure that the passwords are changed immediately after Priva provided the such passwords and/or after having accessed the Horticulture Services for the first time. Client has the responsibility to keep all access data (including usernames and passwords) confidential.
4.2 The Client is responsible and liable for any use of the Horticulture Services, if any user obtained access to such service via the Client’s access data, even if the Client did not consent to or was unaware of such use.
4.3 The Client will not allow any third party to use or access the Horticulture Services unless with Priva's prior written consent.4.4 The Client will ensure that, unless specifically stated otherwise, account details (including usernames and passwords) and any individual use of the Horticulture Services through such account is restricted to one specific individual only, and eg. not shared among other individuals.

Article 5 – Fees and Payment

5.1 The Client will pay Priva for the provision of the Horticulture Services in accordance with the charges set out in the Order Form. The charges are exclusive of VAT, and must be paid within 30 days after receipt of the invoice for the Horticulture Services, or as otherwise stated in such invoice.
5.2 The charges are fixed for the Initial Term and may be adjusted by Priva thereafter per the first day of each additional period of one year, provided that Priva has given the Client at least four (4) months prior notice.
5.3 The charges will be due annually in advance, or as otherwise stated in Agreement. If Client fails to make a timely payment under this Agreement:
(i) the Client shall be in breach of this Agreement, without any notice of default being required and all of Priva’s claims against the Client shall become immediately due and payable;
(ii) the Client shall be obliged to pay the statutory interest rate for commercial debts on the outstanding amount and all judicial and extra-judicial costs incurred by Priva relating to the recovery and collection of any overdue amount;
(iii) Priva reserves the right to suspend the Client’s access to and use of the Horticulture Services until all outstanding amounts (including interest and costs) are settled; and
(iv) the costs of suspending and reactivating shall be borne by the Client.
5.4 All payments to be made by the Client must be effected without set-off or suspension.

Article 6 – Liability and indemnification

6.1 Subject to article 6.3, in no event, whether in contract, tort (including in either case negligence), misrepresentation (other than fraudulent misrepresentation), breach of statutory duty or otherwise pursuant to the Agreement, Priva shall be liable for any loss of profits, anticipated savings, revenue, business, loss or corruption of data, loss of use, loss of goodwill, loss due to delay or any indirect or consequential loss or damage whatsoever.
6.2 Subject to articles 6.1 and 6.3, Priva’s aggregate liability, whether in contract, tort (including in either case negligence), misrepresentation (other than fraudulent misrepresentation), breach of statutory duty or otherwise pursuant to the Agreement, shall be limited to the net price paid or to be paid by the Client in the twelve (12) months preceding the date that the loss or damage occurred.
6.3 Nothing in the Agreement shall be deemed to exclude or limit Priva’s liability in respect of:
(i) Loss or damage caused by wilful intent or gross negligence of Priva or Priva’s officers, employees, agents or contractors; or
(ii) Injuries to or death of any person, caused by Priva or Priva’s officers, employees, agents or contractors.
6.4 Any claim for loss or damages must be notified to Priva within four (4) months as from the date on which the damage was caused, failing which such claim is deemed to be waived.
6.5 Client shall defend, indemnify and hold harmless Priva against claims, actions, proceedings, losses, damages, expenses and costs (including without limitation court costs and reasonable legal fees) arising out of or in connection with the Client's use of the Horticulture Services.

Article 7 – Data Protection

7.1 The parties will observe all provisions of the relevant data protection laws and regulations, insofar as the violation of such provisions affects the interests of the other party. Both parties will implement appropriate technical and organisations measures to protect the personal data described under this Article 7, which includes appropriate confidentiality agreements with employees and contractors.
7.2 Priva will collect, process, store and use personal data to the extent that such is necessary for fulfilling its obligations and exercising its rights under this Agreement, and for the purpose of obtaining aggregated statistics related to the use of the Horticulture Services. The Client agrees that Priva may make the data available to subcontractors.
7.3 Client shall inform its employees and all the persons who will use the Horticulture Services provided to Client or who's data may be processed through the Horticulture Services ("Data Subjects") about the type of data which will be processed, of the purposes and duration of the processing and whether the data will be transmitted to third parties for the purpose of providing the Horticulture Services. Moreover the Client shall inform these Data Subjects about their rights regarding the data processed.
7.4 The Client warrants that it holds the written consent from these Data Subjects insofar required by law. The Client shall present the relevant consent to Priva on request.

Article 8 – Intellectual Property

8.1 Priva retains all intellectual property rights vested in the Horticulture Services and the Client shall not at any time acquire any rights, title or interest in these intellectual property rights by virtue of any use that the Client may make thereof pursuant to the Agreement.
8.2 The Client will not at any time contest Priva’s ownership of the intellectual property rights, nor assist anyone else to do so, nor do anything that would jeopardize or diminish Priva’s rights to the Horticulture Services or the value of the intellectual property rights vested therein.

Article 9 – Confidentiality

9.1 The receiving party of Confidential Information shall use the same degree of care that it uses to protect the confidentiality of its own confidential information of like kind (but in no event less than reasonable care) (i) not to use any Confidential Information of the disclosing party for any purpose outside the scope of this Agreement, and (ii) except as otherwise authorized by the disclosing party in writing, to limit access to Confidential Information of the disclosing party to those of its employees, affiliates, contractors and agents who need such access for purposes consistent with this Agreement and who have signed confidentiality agreements with the receiving party containing protections no less stringent than those herein.
9.2 If this Agreement is terminated, the receiving party shall promptly return or destroy at the request of the disclosing party all Confidential Information of the disclosing party.
9.3 The receiving party may disclose Confidential Information of the disclosing party if it is required by law or regulations to do so, provided the receiving party gives the disclosing party prior notice of such disclosure (to the extent legally permitted) and reasonable assistance, at the disclosing party's cost, if the disclosing party wishes to contest the disclosure.
9.4. The terms and conditions of this Agreement are confidential and may not be disclosed by either party without the prior consent of the other party.

Article 10 – Term and Termination

10.1 The Agreement commences on the Effective Date and shall expire after the Initial Term. Following the Initial Term, the Agreement shall automatically renew for consecutive additional periods of one (1) year each, unless either party gives the other party written notice of its intention not to renew at least three (3) months prior to the date on which the Agreement would otherwise renew.

10.2 Each party may, without prejudice to any of its other rights arising hereunder, upon giving written notice to the other party, terminate the Agreement with immediate effect, if:
(i) the other party commits a material breach of the Agreement, which breach is not cured within 30 (thirty) days after written notice of the breach;
(ii) the other party has been granted provisional suspension of payment or is declared bankrupt or a resolution is passed or a petition is presented for the winding-up of the other party, such party has called a meeting of or has entered into or has proposed to enter into an arrangement, scheme of composition with creditors.
(iii) a situation of force majeure has lasted for more than sixty days.

Article 11 – Miscellaneous

11.1 This Agreement constitutes the whole agreement between the parties and supersede any previous arrangement, understanding or agreement between them relating to the subject matter they cover.
11.2 Neither party may assign, sub-contract, transfer or dispose of any of its rights and obligations under the Agreement, either in whole or in part, without the prior written consent of the other party, provided that Priva may assign, sub-contract, transfer or dispose of any of its rights and obligations under the Agreement, either in whole or in part, to any of its affiliates without the Client’s prior consent.
11.3 The invalidity or unenforceability of any provision of the Agreement shall not affect the validity or enforceability of the remainder of the Agreement and the parties shall use all reasonable endeavours to agree within a reasonable time upon any lawful and reasonable variations to the Agreement which may be necessary in order to achieve, to the greatest extent possible, the same effect as would have been achieved by the invalid or unenforceable provision.
11.4 No amendment to the Agreement is valid or binding, unless made in writing (subject to Priva's right pursuant to article 11.5).
11.5 Priva is entitled to amend these General Terms and Conditions, which amendments shall apply to the Agreement with effect of the date that the Client is notified thereof.
11.6 Each dispute arising under the Agreement shall, in first instance, be settled by the competent Court of The Hague, which shall have exclusive jurisdiction in respect of any such disputes. The Agreement is subject to Dutch law.

Privacy Policy

Contact

This privacy policy applies to the personal data that is collected or used by Priva Holding B.V. or its affiliates or subsidiaries (“Priva”)

Zijlweg 3 P.O. Box 18
2678 ZG De Lier 2678 LC De Lier
the Netherlands the Netherlands
+31 174 522 282
privacy@priva.nl

Scope

This Privacy Statement applies to:

  • (potential) customers of Priva
  • visitors to the Priva websites
  • recipients of newsletters and commercial emails sent by Priva
  • all other persons who contact Priva or of whom Priva processes personal data

Types of personal data

Personal data provided by you:

  • contact details and other personal data needed to provide our products and services
  • contact details and other personal data provided during for example events, seminars and information on business cards
  • contact details and other personal data provided through contact forms or other web forms

Personal data obtained through or generated on our website, electronic newsletters, commercial emails or related technologies:

  • IP address
  • your browsing behaviour on the website (including our web applications) such as information on your first visit, previous visit and current visit, the visited pages and the manner in which you navigate on the website
  • whether you open a newsletter or commercial email

Personal data obtained from other sources:

  • Personal data obtained from the Trade Register of the Chamber of Commerce
  • Social Media

Reasons Priva may use your personal data for

  • Implementing an agreement related to our products and services.

Your contact details will be requested. Priva may also require other personal data to be able to execute the agreement, depending on the actual circumstances. The data will also be used to invoice the products and services Priva provided to you.

  • Stay in touch with our customers.

Your contact details will be recorded in our systems and can be used to send you newsletters, updates, invitations to events and seminars and requested information.

  • Access control and company security

Related to our Data Services related web and mobile applications: an identifier related to an authenticated user is used by our Services to authorize this user. For display purposes only (so the user can recognize her/himself in our applications) we use the DisplayName provided by our identity provider (Microsoft Azure AAD B2C).

  • Carrying out and analysing customer satisfaction surveys
  • Preparing user statistics

The user statistics of the website enables Priva to get an idea of the number of visitors, the duration of the visits, what sections of the website are visited and the click-behaviour. These are generic reports without any information about individual persons. Priva uses the collected information to improve the website.

Legal grounds for processing your personal data

  • Based on an agreement or for the conclusion of an agreement
  • A legal obligation
  • Approval, although you will always have the right to withdraw any permission you have given Priva upon request
  • In relation to a legitimate interest, Priva may, for example, use your contact details to invite you to an event.

Processors

Priva may hire service providers (processors) for the processing of your personal data which solely process your personal data based on our instructions. Priva will conclude a data processing agreement with these processors which meets the requirements laid down in the General Data Protection Regulation.
Priva, for example, works with service providers offering IaaS solutions (Infrastructure as a Service) or hosting services. Priva also hires IT service providers that provide support to the operation of our systems. Priva also makes use of third-party services to send newsletters and commercial emails.

Third parties

Priva sometimes needs to share your personal data with third parties, depending on the actual circumstances. There are also legal obligations that requires Priva to disclose personal data to third parties.

Your personal data will not be shared with third parties for commercial purposes.

Personal Data can also be provided to third parties in case of a reorganisation or merger of our company or sale of (a part) thereof.

Transfer outside the European Economic Area

Priva may need to transfer your personal data to parties located outside of the European Economic Area (EEA), depending on the circumstances.

The processors located outside of the European Economic Area which provide Priva with services related to online newsletters and mailing alarm notifications are located in the United States and have a registration for the EU-US Privacy Shield. You can find more information on: https://www.privacyshield.gov/welcome

Rights regarding your personal data

You have the right to access, correct and remove your personal data. You can also object to the use of your personal data or request to limit their use. In certain cases, you can request your data and transfer them to another party. If you have any questions, please contact privacy@priva.nl or call +31 (0) 174 522 282.

Complaints

If you have any complaints about how Priva handles your personal data, please contact Priva by sending an email to privacy@priva.nl. Priva would be happy to assist you. If this is not possible, you can always contact the Data Protection Authority through https://autoriteitpersoonsgegevens.nl/

Changes

Priva may change this Privacy Policy. Priva invites you to regularly check the Privacy Policy to keep informed. Priva will also inform you of any substantial changes through this website.

 

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