Terms and Conditions
1.1 In these general terms and conditions, the following terms have the following meaning, unless explicitly stated otherwise or the context indicates otherwise:
- Int2-Consulting: the user of these general terms and conditions: Int2-Consulting B.V. located at 45 Oranjelaan in Alkmaar, the Netherlands, registered with the Chamber of Commerce under Chamber of Commerce number 80332951;
- Data subject: the identified or identifiable natural person to whom the processing of personal data relates;
- Location: the Location of the Client or a Location designated by the Client where Int2-Consulting carries out or should perform the Work;
- Materials: all assessments, training materials, software, questionnaires, documents, exercises, advice, quotations and any other work within the meaning of the Copyright Act developed by Int2-Consulting or made available online or offline;
- Employee: the natural person working for the Client and for whom the Client has entered into the Agreement;
- Client: the company or organization that enters into or wishes to enter into an Agreement with Int2-Consulting;
- Agreement: the Agreement between Int2-Consulting and the Client;
- In Writing: in Writing or by e-mail;
- Software: the Software that Int2-Consulting makes available in the context of the Agreement;
- Activities: the Activities that Int2-Consulting carries out or has carried out for the Client in the context of the Agreement.
Article 2. General
2.1. These general terms and conditions apply to all quotations from Int2-Consulting and to all Agreements.
2.2. Any general (purchase) conditions of the Client are explicitly rejected, unless agreed otherwise.
2.3. Once these general terms and conditions have been applicable to a legal relationship between Int2-Consulting and the Client, the Client is deemed to have agreed in advance to the applicability of these general terms and conditions to Agreements concluded and to be concluded afterwards.
2.4. These general terms and conditions also apply to all Agreements with Int2-Consulting for the execution of
which third parties must be involved.
2.5. If one or more provisions of these general terms and conditions are at any time wholly or partially null and void or destroyed, the other provisions of these general terms and conditions will remain fully applicable. The
invalid or nullified provisions will be replaced by Int2-Consulting, whereby the purpose and purport of the original provision(s) is observed as much as possible.
2.6. Int2-Consulting is authorized to make changes to these general terms and conditions and to declare the amended general terms and conditions applicable to the existing Agreements. The Client will be notified in Writing of the new general terms and conditions and of the effective date.
2.7. If Int2-Consulting does not always require strict compliance with these general terms and conditions, this does not mean that the provisions thereof do not apply, or that Int2-Consulting would lose the right to strict compliance with the provisions of these in other cases. general terms and conditions.
Article 3. Quotations and offers
3.1. All quotations from Int2-Consulting are without obligation.
3.2. These general terms and conditions are sent with the quotation.
3.3. Prices listed are in euros and exclusive of VAT, unless stated otherwise.
3.4. If the acceptance is different and thus deviates from the offer included in the quotation, Int2-Consulting is not bound by it.
3.5. Listed prices do not automatically apply to future Agreements.
3.6. The Client guarantees the correctness and completeness of the wishes stated by or on behalf of him to Int2- Consulting with regard to the Work and other information on which Int2-Consulting bases its quotation. If these wishes and other information provided by the Client are incorrect and/or complete, this may have consequences for the agreed price.
3.7. Apparent errors or mistakes in Agreements, quotations, order confirmations or e-mail messages from Int2- Consulting do not bind Int2-Consulting.
3.8. The quotations and other documents provided by Int2-Consulting to the Client may not be duplicated or made available to third parties for inspection without the permission of Int2-Consulting.
Article 4. Establishment of the Agreement
4.1. The Agreement is established when the Client has agreed to the quotation of Int2-Consulting.
Article 5. Cancellation and early termination of the Agreement
5.1. If the full agreed price for the Agreement is invoiced in advance and the Client cancels or terminates the Agreement prematurely, the Client will continue to owe this full agreed price to Int2-Consulting.
5.2. If the Agreement relates to an extensive project and the Client is billed periodically, the Client has the right to terminate the Agreement prematurely, with due observance of a notice period of one (1) month. In the event of such cancellation, the amounts already invoiced remain due.
5.3. Cancellation or early termination of the Agreement must be made In Writing.
Article 6. Performance of the Agreement
6.1. The Activities that fall under the Agreement are clearly stated in the quotation.
6.2. Every Agreement leads Int2-Consulting to a best efforts obligation and not to an obligation of result, whereby Int2-Consulting is obliged to fulfill its obligations to the best of its ability, with the necessary care and expertise.
6.3. The remuneration of Int2-Consulting does not depend on the result. Int2-Consulting does not guarantee that the intended result will be achieved with the Work. The success partly depends on the cooperation of both parties and the commitment of the Employees.
6.4. Int2-Consulting has the right to engage third parties in the performance of the Agreement, without notifying the Client, to purchase services from third parties and to have the Agreement performed in whole or in part by third parties.
6.5. In the performance of the Work, Int2-Consulting may be (partially) dependent on (online) services or software from third parties. There is therefore the possibility that the performance of the Work must be temporarily suspended due to the non-functioning or improper functioning of (online) services or Software of a third party.
Article 7. Software
7.1. If the Agreement consists of, among other things, that Software is made available, then Int2-Consulting will provide login details to the Employees with which the Employees can log in and therefore gain access to the Software.
7.2. The license terms of the Software apply to the use of the Software, see [link to license terms]. Before the Employee can use the Software, he must click that he agrees to these license terms.
7.3. For questions about the use of the Software, Employees can directly contact Int2-Consulting.
7.4. With the exception of legal non-excludable guarantees, the Software is made available as is, without guarantee of any kind.
Article 8. Remuneration and expenses
8.1. A fixed price is agreed for the performance of the Work.
8.2. If, in addition to the compensation for the Work, expenses, such as travel and accommodation costs, are charged to the Client, this will be clearly stated in the quotation. In such a case, the actual expenses incurred will be passed on to the Client.
8.3. Int2-Consulting has the right to increase the fixed agreed price if:
- The Agreement is amended and/or expanded at the request of the Client;
- There are waiting times and delays caused by the Client's failure to meet its obligations or caused by third parties engaged by the Client;
- The Client does not cooperate in the execution of the Work and Int2-Consulting therefore incurs additional costs, which must also include extra working time.
8.4. If Int2-Consulting increases the price due to one or more of the circumstances referred to in article 8.3, Int2- Consulting will immediately inform the Client thereof.
Article 9. Invoicing and payment
9.1. Invoicing takes place in advance, unless Article 9.2 applies.
9.2. If the Agreement relates to a major project, invoicing will be done periodically.
9.3. If expenses are passed on to the Client, the expenses will be (periodically) invoiced to the Client afterwards.
9.4. Invoicing is done by e-mail.
9.5. Payment must be done within thirty (30) days after the invoice date.
9.6. If the Client does not pay an invoiced amount on time, Int2-Consulting has the right to suspend the execution of the Work until all outstanding invoices have been paid. Int2-Consulting is not liable for any damage suffered by the Client as a result of such a suspension. The Client will be notified of such suspension in Writing.
9.7. If the payment term is exceeded, the Client will owe the statutory commercial interest in accordance with Article 6: 119a of the Dutch Civil Code from the date on which the amount owed has become due and payable until the time of payment. In addition, all costs of collection, after the Client is in default, both judicial and extrajudicial, will be borne by the Client. The extrajudicial collection costs are set at 15% of the principal sum with a minimum of €100.
9.8. Payment must be made without discount or settlement
9.9. The Client is not entitled to suspend its payment obligations.
9.10. Payments made by the Client always serve to settle, in the first place, all interest and costs owed, and in the second place of due and payable invoices that have been outstanding the longest, even if the Client states that the payment relates to a later invoice.
9.11. In the event of the Client's liquidation, bankruptcy or suspension of payments, the claims of Int2-Consulting and the obligations of the Client towards Int2-Consulting will be immediately due and payable.
Article 10. Execution period
10.1. If a term has been agreed for the completion of certain Work, this is never a strict deadline. Late performance does not entitle the Client to compensation or any other form of compensation.
10.2. In the event that an implementation period agreed by Int2-Consulting with the Client is exceeded as a result of an event that is in fact beyond its control and cannot be attributed to its actions and/or notifications, as described in Article 14, among other things, this period is automatically extended by the period that it was exceeded as a result of such an event.
Article 11. Obligations of the Client
11.1. The Client ensures that all data, items and areas, of which Int2-Consulting indicates that they are necessary for the execution of the Agreement, are provided or made available to Int2-Consulting in a proper, complete, timely and free manner.
11.2. The Client is obliged to immediately inform Int2-Consulting about facts and circumstances that may be important in connection with the implementation of the Agreement.
11.3. If Int2-Consulting performs Work at the Location in the context of the Agreement, then:
- The Client will provide the facilities reasonably required by Int2-Consulting free of charge;
- The Client must ensure that the Location, the tools with which and the circumstances in which Int2- Consulting must perform the Work are safe and comply with all legal requirements. The Client must take such measures that Int2-Consulting is protected during the execution of the Work against danger to life, honor and good.
11.4. The Client must ensure that the Employees also observe the provisions of these general terms and conditions.
11.5. The Client indemnifies Int2-Consulting against any claims from third parties who suffer damage in connection with the implementation of the Agreement and which is attributable to the Client.
11.6. If Int2-Consulting carries out Work in which Employees are guided and/or trained in a group by Int2- Consulting, the Employees must behave respectfully towards the other Employees.
11.7. Int2-Consulting is authorized if an Employee misbehaves, or an Employee unreasonably impedes or prevents the proper execution of the Work from suspend the Work with regard to this Employee. Int2-Consulting will inform the Client of such a suspension as soon as possible.
11.8. If the Client is attributably in default in the proper fulfillment of what he is obliged to do towards Int2- Consulting or if the Client acts unlawfully towards Int2-Consulting, then the Client is liable for all damage subsequently arising directly or indirectly on the part of Int2-Consulting, including loss of turnover.
Article 12. Suspension and termination
12.1. Int2-Consulting is entitled to suspend the implementation of the Agreement with immediate effect if:
- There is an (imminent) dangerous situation at the Location;
- The circumstances in which the Work must be performed do not meet the requirements set by law;
- Int2-Consulting has good reason to fear that the Client will not fulfill its obligations towards Int2- Consulting.
12.2. Int2-Consulting is authorized to dissolve the Agreement if the Client does not or not fully fulfill the obligations under the Agreement and the Client has not complied with a notice of default sent. If compliance is permanently impossible, a notice of default can be omitted.
12.3. Int2-Consulting is also authorized to dissolve the Agreement if circumstances arise of such a nature that fulfillment of the Agreement is impossible or, according to standards of reasonableness and fairness, can no longer be required or if other circumstances arise of such nature. that unaltered maintenance of the Agreement cannot reasonably be expected.
12.4. Int2-Consulting is authorized to dissolve the Agreement, if the Client requests suspension of payments or if it is granted to the Client, if the Client is declared bankrupt or a request is made, if the Client is unable to pay his debts, proceeds to the closure or liquidation of his company or is placed under guardianship.
12.5. If the Agreement is dissolved or the performance of the Agreement is suspended, the invoiced amounts for the Work that has already been performed will remain due.
12.6. Int2-Consulting always reserves the right to claim compensation.
12.7. If Int2-Consulting suspends the execution of the Work or terminates the Agreement, then Int2-Consulting is not liable for any damage that the Client suffers as a result.
Article 13. Liability and prescription
13.1. Int2-Consulting cannot be obliged to compensate any damage that is a direct or indirect consequence of:
- An event that is in fact beyond his control and thus cannot be attributed to his actions and/or omissions, as described in article 14 of these general terms and conditions;
- Any act or omission on the part of the Client, his subordinates or other persons employed by or on behalf of the Client.
13.2. Int2-Consulting is not liable if the Work has not led to the result desired by the Client.
13.3. The Client is responsible under all circumstances for the correctness and completeness of the data and documents supplied by him. Int2-Consulting is never liable for any damage that is (partly) caused by the data and documents supplied by the Client are incorrect and/or incomplete. The Client indemnifies Int2-Consulting against all claims in this regard.
13.4. Int2-Consulting is not liable for mental damage or deterioration of the mental state of an Employee that is related to or could be related to the Work.
13.5. Int2-Consulting is not liable for a wrong interpretation by the Client or the Employee of the content of the services provided by Int2-Consulting.
13.6. The Client is responsible for the decisions he makes, whether or not in response to advice from Int2- Consulting.
13.7. Int2-Consulting is not liable for mutilation or loss of data as a result of transmission of the data using telecommunication facilities.
13.8. Int2-Consulting is not responsible for the network connections of the Client or Employees and any malfunctions in such connections.
13.9. Int2-Consulting does not guarantee that the Software is free from malfunctions. The Client acknowledges that the service can be interrupted for various reasons. Int2-Consulting will endeavor to provide complete continuity of the Software and to repair the interruption within acceptable terms. Int2-Consulting is not liable for damage resulting from the temporary interruption of the Software.
13.10. Int2-Consulting is not liable for damage caused by hackers.
13.11. Material damage as well as all other damage to computers, networks and hard and software as a result of connection to the internet or the use of the internet can never be charged to Int2-Consulting.
13.12. Int2-Consulting is never liable for indirect damage, including consequential damage, loss of profit, loss of turnover, missed savings, labor costs, damage to reputation, fines and delay damage.
13.13. If Int2-Consulting should be liable for any damage, then the liability of Int2-Consulting is limited to the amount of the payment made by the insurer of Int2-Consulting. If in any case the insurer does not pay out or if the damage is not covered by the insurance, then the liability of Int2-Consulting is limited to the invoice amount of the Work to which the liability relates.
13.14. The Client must institute all legal claims within 1 year if the Client is not satisfied with the Work or the actions of Int2-Consulting. If the Client does not act on time, the legal claim will lapse.
13.15. The Client indemnifies Int2-Consulting against claims that third parties bring against Int2-Consulting with regard to incidents, acts or omissions, for which Int2-Consulting is not liable under the foregoing. The Client is obliged to indemnify Int2-Consulting upon first request for all costs and damage that may arise for Int2- Consulting as a direct or indirect result of a claim brought against him by a third party as referred to in this paragraph.
13.16. If the Client has made goods and/or Materials and/or facilities available to Int2-Consulting for the performance of the Work and these goods and/or Materials and/or facilities are not suitable for the purpose for which they provide Int2-Consulting are made available, the Client is liable for all damage resulting therefrom.
Article 14. Force majeure
14.1. Int2-Consulting is not obliged to fulfill any obligation if prevented from doing so as a result of force majeure. Force majeure includes in any case: extreme weather conditions; floods; theft; natural disasters; terrorism; riots; epidemics; obstacles by third parties, including those of governments; traffic obstructions; wars or dangers of war; fire; Internet malfunction; Power failure; failure in the (telecommunication) services or in Software of a third party; computer hacking; hacker attack; disruption in e-mail traffic; government measures; changes in laws and regulations.
14.2. Force majeure should also be understood to mean a non-attributable shortcoming of a third party engaged by Int2-Consulting.
14.3. Int2-Consulting also has the right to invoke force majeure if the circumstance causing the force majeure occurs after the implementation period has been exceeded.
14.4. If Int2-Consulting is temporarily unable to fulfill the Agreement due to force majeure, then:
- This does not entitle the Client to terminate the Agreement free of charge; and
- All invoices already sent for the Work remain due.
Article 15. Confidentiality and personal data
15.1. Both parties are obliged to maintain the confidentiality of all confidential information that they have obtained from each other or from another source in the context of the Agreement. Information is considered confidential if this has been communicated by the other party or if this arises from the nature of the information. The party who receives confidential information will only use it for the purpose for which it was provided.
15.2. If, on the basis of a statutory provision or a court decision, Int2-Consulting is obliged to also provide confidential information to third parties designated by law or the competent court and Int2-Consulting cannot rely on a statutory or the competent court recognizes or permitted right of refusal, then Int2-Consulting is not obliged to pay compensation.
15.3. Int2-Consulting processes personal data in accordance with the General Data Protection Regulation (AVG). For more information about the processing of personal data, the privacy policy of Int2-Consulting can be consulted, see www.int2-consulting.com/privacy.
15.4. For information about the processing of personal data by Int2-Consulting on behalf of the Client, see chapter II of these general terms and conditions.
Article 16. Intellectual Property Rights
16.1. The intellectual property rights in the Materials rest with Int2-Consulting or with its licensor.
16.2. The intellectual property rights to the Software rest with Int2-Consulting.
16.3. The Intellectual property rights in the Materials are not transferred under an Agreement.
16.4. Without the prior Written permission of Int2-Consulting it is not permitted to edit, reproduce, make public, through any medium whatsoever, make available to third parties or make them available to third parties for inspection, whether or not for a fee.
16.5. The Client is only permitted to use the Materials within its own organization and within the framework of the Agreement.
16.6. It is not permitted to remove or change any indication of (copyright) rights from the Materials.
16.7. If the Client acts in breach of Int2-Consulting's intellectual property rights, the Client is liable for all damage that Int2-Consulting suffers as a result, including loss of turnover.
16.8. The Client indemnifies Int2-Consulting against claims from third parties with regard to intellectual property rights on information provided by the Client that is used in the performance of the Agreement.
Article 17. Complaints
17.1. Complaints about the Work must be made known to Int2-Consulting immediately by the Client. The notice of default must contain a description of the shortcoming that is as detailed as possible, so that Int2-Consulting is able to respond adequately.
17.2. The handling of a complaint does not imply that Int2-Consulting acknowledges that the Work performed is defective.
17.3. After submitting the complaint, the Client must give Int2-Consulting the opportunity to investigate the validity of the complaint and, if necessary, give it the opportunity to still perform the agreed Work.
17.4. Repair Work that has been carried out by a third party or by the Client itself without the consent of Int2- Consulting will never be reimbursed and will not give the Client the right to suspend payment.
17.5. If the performance of the agreed Work is no longer possible or useful, then Int2-Consulting will only be liable within the limits of article 13 of these general terms and conditions.
17.6. If the performance of the agreed Work is no longer possible or useful, then Int2-Consulting will only be liable within the limits of article 13 of these general terms and conditions.
Article 18. Applicable law and competent court
18.1. Dutch law applies to all Agreements and legal acts between the Client and Int2-Consulting.
18.2. All disputes to which the Agreement, these general terms and conditions or the obligations arising from them could give rise, in particular regarding validity, interpretation, execution, termination or dissolution, will be settled exclusively, with the express exclusion of any other court, by the competent court in the district where Int2-Consulting is located.
CHAPTER II: PROCESSING OF PERSONAL DATA ON THE ORDER OF THE CLIENT (PROCESSING AGREEMENT)
Article 19. General and definitions
19.1. The words included in these general terms and conditions (such as “personal data” and “processing”) have, in whatever conjugation, the meaning as referred to in the General Data Protection Regulation (AVG).
19.2. The Client determines the purpose and means of the processing of personal data. In the context of the GDPR, the Client is regarded as the “controller”. In the context of the GDPR, Int2-Consulting is regarded as a “processor”.
19.3. Int2-Consulting undertakes to process personal data on behalf of the Client under the conditions of this chapter. Processing will only take place in the context of the Work that Int2-Consulting will perform for the Client as agreed by the parties.
Article 20. Types of personal data, categories of Data Subjects and purposes
20.1. The personal data that are processed belong to Employees, customers and suppliers of the Client and it concerns, among other things, the following personal data: name and address details, e-mail addresses, telephone numbers, position/role, gender and other information provided by Employees of the Client. Int2- Consulting will not process the personal data for any other purpose than as determined by the Client.
20.2. It is the responsibility of the Client that the type of personal data that Int2-Consulting processes on behalf of the Client and that the categories of Data Subjects and processing purposes have been established between the parties through an Agreement or other legal act.
20.3. If the type of personal data, the categories of Data Subjects and/or the processing purposes change, the Client must inform Int2-Consulting thereof In Writing. Int2-Consulting is not responsible for processing purposes that have not been made known to Int2-Consulting by the Client.
Article 21. Responsibilities of the Client
21.1. The Client guarantees that:
- The Client has a legal basis to process the personal data;
- The processing is proper and transparent with regard to the Data Subjects;
- The content, the use and the order to process the personal data are not unlawful and do not infringe any right of third parties;
- The Client provides the Data Subjects with all legally required information regarding the processing of personal data, for example through a clearly described privacy policy;
- The Client, if the Client is obliged to do so under the GDPR, keeps a register of the processing activities from the entry into force of the GDPR;
- Personal data is not stored by the Client longer than permitted by law.
21.2. The Client indemnifies Int2-Consulting against claims and claims arising from non-compliance with the aforementioned obligations.
21.3. If the Client acts in violation of the GDPR, the Client is liable for all damage that Int2-Consulting suffers as a result. Damage should include fines imposed.
Article 22. Processing
22.1. Int2-Consulting will process the personal data during the Agreement.
22.2. The processing will be carried out by Int2-Consulting within an automated environment.
22.3. With regard to the processing of personal data, Int2-Consulting will ensure compliance with the GDPR.
22.4. Int2-Consulting processes personal data on behalf of the Client, in accordance with its Written instructions and under the responsibility of the Client. Int2-Consulting is not responsible for the collection of personal data by the Client.
22.5. Int2-Consulting has no control over the purpose and means for the processing of personal data and does not make any decisions about the use of the personal data, the provision to third parties and the duration of the storage of personal data. Control over the personal data will never rest with Int2-Consulting. The Client is responsible for the processing of personal data. The Client has and retains full control over the personal data.
22.6. In the event Int2-Consulting processes personal data outside the European Economic Area, it will only be processed in countries with an adequate protection regime that offers appropriate safeguards and where Data Subjects have enforceable rights and effective remedies.
22.7. Int2-Consulting will immediately inform the Client if a competent (government) body has made a request based on the law for the provision of personal data. If Int2-Consulting is required to provide personal data on the basis of a legal obligation, Int2-Consulting verifies the basis of the request and the identity of the applicant and immediately informs the Client in this regard, if possible, prior to the provision.
22.8. Int2-Consulting does not provide personal data to third parties without the prior consent of the Client.
Article 23. Rights of Data Subjects
23.1. In the event that a Data Subject submits a request for inspection, correction or deletion of personal data to Int2-Consulting, or wishes to exercise any other right, Int2-Consulting will inform the Client thereof. The Client must deal with the request of the Data Subject himself.
Article 24. Sub-processor
24.1. By entering into the Agreement with Int2-Consulting, the Client agrees that Int2-Consulting can engage a third party for the execution of the Agreement, that this third party processes personal data on behalf of Int2- Consulting and that this third party should therefore be designated as a sub-processor.
24.2. Int2-Consulting will enter into an Agreement with its sub-processor in which the sub-processor is bound by at least the same obligations that Int2-Consulting has towards the Client in accordance with these general terms and conditions.
24.3. Special personal data is not shared with sub-processors.
Article 25. Security measures
25.1. Int2-Consulting takes all necessary technical and organizational measures to protect personal data against loss or any other form of unlawful processing. Taking into account the state of the art and the costs of implementation, these measures guarantee an appropriate security level in view of the risks associated with the processing and the nature of the personal data.
25.2. The following security measures are taken:
- using systems with strong passwords to prevent unauthorized access to systems;
- using secure network connections;
- data provided to Int2-Consulting is stored on a separate server in a closed space through a secure web environment;
- timely Software updates and backups on secure data carriers;
- storing the data in the database encrypted;
- periodically checking (or having checked) the security measures taken;
- e-mail messages and/or other documents containing personal data of the Data Subjects are generally not printed. If something is nevertheless printed, the document will be kept in a locked cabinet or the document will be destroyed immediately after use;
- physical protection of IT facilities, equipment and the server with the data against unauthorized access and against damage and malfunctions.
25.3. If security measures undergo changes, Int2-Consulting will notify the Client of these changes.
25.4. The Client only makes personal data available to Int2-Consulting for processing, if he has ensured that the required security measures have been taken.
25.5. Int2-Consulting provides the Client with all information that is necessary for the Client to determine that Int2-Consulting fulfills its obligations under these general terms and conditions. Int2-Consulting handles all requests for information from the Client with regard to the processing of personal data smoothly and properly.
25.6. If a data protection impact assessment is necessary in the context of the processing of personal data, Int2- Consulting will cooperate with this.
Article 26. Audit
26.1. During the Agreement, the Client is entitled to have the agreed security measures tested by an independent ICT expert by means of an audit, no more than once a year. The Client will inform Int2-Consulting In Writing or by e-mail at least 2 weeks prior to the audit that an audit will be carried out and of the party that will perform the audit. The independent ICT expert must be obliged by the Client by means of a non-disclosure agreement to keep confidential information and personal data to which he has access during the audit secret.
26.2. The costs for the audit are at the expense of the Client.
26.3. Int2-Consulting guarantees that it will cooperate with the audit. The outcome of the audit is jointly discussed by the parties in order to arrive at a possible improvement plan if there is reason to do so.
Article 27. Data Breach
27.1. Int2-Consulting tries to do everything within its power to prevent data breaches. Despite all the security measures taken, Int2-Consulting cannot guarantee that no data breach will occur.
27.2. If due to the processing of personal data a security incident has occurred whereby personal data of a sensitive nature has been leaked or as a result of which there is a serious adverse effect on the protection of the processed personal data for another reason, Int2-Consulting will inform the Client of this as soon as possible and at the latest. 48 hours’ notice. The Client must itself assess whether there is such a serious data breach that notification to the Dutch Data Protection Authority is mandatory and is itself responsible for timely reporting a serious data breach.
27.3. If there is a data breach that has an adverse effect on the privacy of the Data Subjects, the Data Subjects must be notified, unless there is a legal exception. The Client is responsible for assessing whether there is a data breach as described above and for reporting such a data breach to the Data Subjects. If Int2-Consulting is obliged to do so on the basis of legislation and regulations, it will cooperate in informing the Data Subjects.
Article 28. Int2-Consulting staff
28.1. After termination of the Agreement, the confidentiality obligations arising from these general terms and conditions will continue.
28.2. An Employee of Int2-Consulting only has access to that personal data that is strictly necessary for the relevant Employee to be able to perform the Work. Access rights of an Employee of Int2-Consulting are immediately blocked if access to the personal data is no longer necessary in the context of the implementation of the Agreement or if an Employee is no longer working at/for Int2-Consulting.
28.3. Int2-Consulting is obliged to keep the personal data accessible to the Client secret and to impose this obligation on its Employees. This obligation does not apply insofar as a legal regulation or judgment requires Int2-Consulting to make any disclosure. Employees sign a confidentiality agreement, or the duty of confidentiality has been incorporated in the employment agreement, the personnel manual or (assignment) Agreement that the Employee has entered into with Int2-Consulting.
28.4. Int2-Consulting regularly checks whether its Employees act in accordance with these general terms and conditions.
Article 29. Provision and deletion of personal data
29.1. Int2-Consulting makes all personal data available to the Client at the first request of the Client.
29.2. Int2-Consulting is obliged to completely and irrevocably delete all personal data at the first request of the Client.
29.3. After termination of the Agreement, the personal data will be deleted by Int2-Consulting.
Article 30. Liability
30.1. If the Client does not use the service correctly and/or performs actions using the service that are in violation of the GDPR and/or other regulations in which requirements are set for the processing of personal data, Int2- Consulting is not liable for this. Int2-Consulting is never responsible for fines imposed on the Client in connection with the processing of personal data.
30.2. If Int2-Consulting is obliged to pay compensation to one or more of the Data Subjects for breach of the GDPR, then Int2-Consulting has a right of recourse against the Client and the Client is obliged to compensate Int2- Consulting for this damage, with the exception of the damage arisen because Int2-Consulting has not complied with the obligations of the GDPR specifically aimed at processors or because Int2-Consulting has acted outside or contrary to the instructions of the Client, on the understanding that Int2-Consulting's liability is limited at all times is up to what is included in article 13.13 of these general terms and conditions.
30.3. Liability on the part of Int2-Consulting due to an attributable shortcoming in the compliance with this chapter of these general terms and conditions only arises at the moment that the Client has sent Int2-Consulting a Written notice of default in which the shortcoming of Int2-Consulting is clearly described and Int2-Consulting is given a reasonable term to still comply and Int2-Consulting attributable to this notice of default has not complied. A notice of default can be omitted if fulfillment is permanently impossible.