Foundation for a Systemic Approach to Modern Slavery​

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Privacy statement SVIAM

Introduction

SVIAM takes your privacy very seriously and shall handle your personal data with the utmost security and care. In this Privacy Statement you will learn how we handle your data as well as learn about your rights concerning our processing of your data. We advise that you read this Privacy Statement thoroughly. Should you have any questions or remarks, please contact us at oscar@sviam.nl.

Who is SVIAM?

SVIAM is the stichting Stichting Voor Integrale Aanpak Mensenhandel, with registered office at (6713 KG) Ede listed at the Traderegister of the Dutch Chamber of Commerce under 73975206.

SVIAM is as the controller ultimately responsible with regard to the processing of your personal data.

How does SVIAM use your personal data?

Underneath you will find an overview of the purposes for the processing of your personal data. You will also find a specification of which data SVIAM uses for that specific purpose, the legal justification, and the amount of time SVIAM keeps this data. For clarity’s sake, we have categorised the purposes.

Services, customer management and financial administration

How did SVIAM obtain your personal data?

SVIAM has obtained your data because you have provided this data to us.

What are your rights?

Under the European General Data Protection Regulation you have a number of rights with regard to your data and the processing thereof:

Access

You may access your personal information and make any necessary changes in your account. If you would like to see which personal data SVIAM has obtained about you, you may exercise your right of access by submitting a request to SVIAM.

Making changes

If you wish to make changes to the personal information that you have seen as a result of a request for access and you are unable to make the changes yourself in your account, you may request that SVIAM makes these changes for you. You may request that SVIAM modifies, corrects, supplements, erases or shields your information.

Restriction of processing of personal data

You also have the right, under certain conditions, to ask SVIAM to restrict the processing of your personal data.

Right to object

If processing of your data takes place on the grounds of 'legitimate interest' by SVIAM or a third party, you have the right to object to that processing.

Portability of data

You have the right to obtain your personal data from SVIAM. SVIAM will provide this in a structured and commonly used format, which can easily be opened using commonly used digital systems.

Withdrawing consent

When the legal basis for a particular processing is your explicit consent, you have the right to withdraw that consent. This does not affect past processing, but does mean that we will no longer be allowed to process this data in the future. It may also result in SVIAM no longer being able to provide you with certain services.

Response from SVIAM

A request can be sent to oscar@sviam.nl. SVIAM will comply with your request as soon as possible and in any case no later than one (1) month after SVIAM has received such a request. If SVIAM rejects your request, we will indicate in our reply why the request was rejected.

Recipients of your personal data

It is possible that SVIAM is required to submit your data to a third party, for example to fulfil a legal obligation.

Can changes be made to this Privacy Statement?

This Privacy Statement is subject to changes. We therefore advise you to regularly read the Privacy Statement for any such changes.

Questions, remarks, and complaints

If you have any questions regarding this Privacy Statement or the way in which SVIAM uses your data, you can send an e-mail to oscar@sviam.nl. If you have a complaint about the way your data is processed, please send an e-mail to oscar@sviam.nl. Furthermore, you always have the right to contact the competent national data protection authority. In The Netherlands, this is the Autoriteit Persoonsgegevens.

General Conditions of SVIAM (Stichting Voor Integrale Aanpak Mensenhandel)

We advise that you carefully read these General Conditions so that you are aware of your rights and duties under the Agreement between you and us. You shall be identified as the Commissioning Party.

Article 1.          Definitions

1. In these General Conditions the following terms, identified by capital letters, shall have the following meaning:

• Stichting Voor Integrale Aanpak Mensenhandel
• the foundation SVIAM (Stichting Voor Integrale Aanpak Mensenhandel), with registered office at (6713 KG) Ede at Jagermeester 18;
• General Conditions
• these general conditions of Stichting Voor Integrale Aanpak Mensenhandel;
• Service
• the service provided by Stichting Voor Integrale Aanpak Mensenhandel;
• Intellectual Property Rights
• all intellectual property rights, such as copyrights, trademark rights, law of patents, trade name rights, database rights and related rights, including related rights such as rights to knowhow and domain names.
• Commissioning Party
• you, the commissioning party and counter party of Stichting Voor Integrale Aanpak Mensenhandel of the Agreement;
• Agreement
• the agreement for services between Stichting Voor Integrale Aanpak Mensenhandel and Commissioning Party specifying the Services;
• Party(-ies)
• Stichting Voor Integrale Aanpak Mensenhandel and/or Commissioning Party.

Article 2.          Applicability

1. The General Conditions apply to every Agreement between Stichting Voor Integrale Aanpak Mensenhandel and Commissioning Party. Possible general conditions of the Commissioning Party are hereby explicitly rejected.
2. Derogations from and additions to the Agreement are exclusively valid when Parties agreed in writing to them.
3. These General Conditions also apply to the provision of the Services by the other party, when the Commissioning Party involves other Parties in order to provide the Services.
4. Stichting Voor Integrale Aanpak Mensenhandel is entitled to amend these General Conditions. Substantive changes enter into force one (1) month after publication. Changes in the General Conditions have no effect on an existing Agreement.

Article 3.          Establishment of the Agreement

1. Offers of Stichting Voor Integrale Aanpak Mensenhandel are non-committal, unless a period of validity is included in the offer. If no period of acceptance is included, the offer will always expire after one month.
2. If the Commissioning Party assigns without a preceding offer to Stichting Voor Integrale Aanpak Mensenhandel, Stichting Voor Integrale Aanpak Mensenhandel is only bound to this assignment after it has confirmed this in writing to the Commissioning Party.
3. An offer for the provision of multiple services does not force Stichting Voor Integrale Aanpak Mensenhandel to the provision of a part of the Services in this offer at a corresponding amount of the price.
4. Offers, quotations and rates do not automatically apply to re-orders and/or new assignments.

Article 4.          The Service

1. Stichting Voor Integrale Aanpak Mensenhandel always provides its services according an obligation of means and it will not guarantee with regard to the result of its service, unless Parties explicitly agree otherwise in writing.
2. Stichting Voor Integrale Aanpak Mensenhandel will implement the Agreement to the best of one’s knowledge and ability and in accordance with the laid down requirements for a professional party. If and as far as a proper implementation requires this, Stichting Voor Integrale Aanpak Mensenhandel has the right to let third parties execute certain activities, at the discretion of Stichting Voor Integrale Aanpak Mensenhandel. The applicability of article 7:404, 7:407 and 7:409 BW will explicitly be excluded.
3. An agreed term is considered as a final deadline, only when that is explicitly determined in writing in the Agreement. In all other cases the agreed term shall be regarded as indicative.

Article 5.          Commissioning Party’s obligations

1. The Commissioning Party undertakes to provide all necessary information and cooperation which Stichting Voor Integrale Aanpak Mensenhandel requires in order to provide the Services. Stichting Voor Integrale Aanpak Mensenhandel may suspend the activities as long as Commissioning Party does not comply to the obligation in this provision. Stichting Voor Integrale Aanpak Mensenhandel shall never be liable for any damage and/or delay caused by not, not timely, or flawed complying to the duty of disclosure and obligation to cooperate as referred to in this article.

Article 6.          Termination of the Agreement

1. The duration of the Agreement is determined in the Agreement itself.
2. Either Party will have the right to terminate the entire Agreement or partially with immediate effect, if the other party goes bankrupt or is granted a moratorium, including the case of termination or liquidation of the company of the other Party
3. If the Agreement is terminated at any time and at that moment Services have already been implemented, the already implemented Services and the related payment obligation of the Commissioning Party will not be subjected to any obligation to undo, unless the Commissioning Party can prove that Stichting Voor Integrale Aanpak Mensenhandel is in default with regard to specifically the Services. The amounts that have been invoiced prior to the termination by Stichting Voor Integrale Aanpak Mensenhandel regarding the proper implementation or delivered performance in the framework of the Agreement remain due in full and are repayable on demand at the moment of termination.
4. The Commissioning Party is liable to third parties for the consequences of the cancellation and will protect Stichting Voor Integrale Aanpak Mensenhandel against resultant claims of these third parties.

Article 7.          Remuneration and payment

1. All amounts as mentioned in an offer or Agreement are expressed in Euros and are provided including VAT and possible other imposed charges by the government, unless mentioned differently.
2. Commissioning Party shall settle the invoice within the period of one month after the date of invoice. If payments are not made in due time, this instalment shall be considered as final deadline and the Commissioning Party will be in default, without further notice of default.
3. If the Commissioning Party believes that the amount of the invoice is incorrect, or that there is any other inadequacy in the invoice, it shall immediately inform Stichting Voor Integrale Aanpak Mensenhandel accompanied by convincing evidence of its position. Contestation of (a part of) an invoice does not suspend the payment obligation of the Commissioning Party with regard to (the undisputed part of) an invoice.
4. Stichting Voor Integrale Aanpak Mensenhandel is entitled to annually increase its rates in accordance with the Consumer price index, as published by Statistics Netherlands, without this providing the right to denounce or terminate otherwise for the Commissioning Party.

Article 8.          Intellectual Property Rights

1. All Intellectual Property Rights that rest on documents or materials that Commissioning Party delivers to Stichting Voor Integrale Aanpak Mensenhandel in the framework of the execution of the Agreement, remain at all times with the Commissioning Party. Commissioning Party provides a worldwide, non-exclusive and sublicensable license to Stichting Voor Integrale Aanpak Mensenhandel in order to use the delivered materials for the execution of the Agreement.
2. The Intellectual Property Rights which lie with Stichting Voor Integrale Aanpak Mensenhandel when entering into the Agreement, remain with Stichting Voor Integrale Aanpak Mensenhandel.
3. If and to the extent that with the execution of the Agreement, Intellectual Property Rights arise on the outcome of the Services, these Intellectual Property Rights shall rest with Stichting Voor Integrale Aanpak Mensenhandel.
4. On condition that the Commissioning Party has complied to all of its (payment) obligations under the Agreement, the Commissioning Party will obtain a limited, non-transferrable, non-exclusive license in order to make use of the Intellectual Property Rights on the outcome of the services.

Article 9.          Liability

1. The liability of Stichting Voor Integrale Aanpak Mensenhandel is limited to compensation of direct damage regardless the reason for the liability.
2. Direct damage shall only mean:
   1. Property damage, only within the meaning of article 3 paragraph 3 of Dutch Civil Code;
   2. Reasonable costs for the prevention of property damage, to the extent that the Client can prove that these expenses have led to a limitation of the direct damage within the meaning of the Agreement;
   3. Reasonably made expenses by the Client in order to determine the cause and size of the damage, to the extent that the determination relates to the direct damage within the meaning of the Agreement;
   4. Reasonably made costs that have to be made by the Client in order to correspond to the performance of Stichting Voor Integrale Aanpak Mensenhandel.
3. Stichting Voor Integrale Aanpak Mensenhandel is not liable for other damage than direct damage, such as lost profits, lost sales, loss of expected savings and other similar financial losses, as well as loss of goodwill or name or reputation and all other damage which is not covered by the abovementioned direct damage.
4. To the extent that Stichting Voor Integrale Aanpak Mensenhandel is liable, this liability is limited to maximally the paid compensation by the Commissioning Party under the Agreement .
5. The right of the Client to claim compensation expires at least one (1) year after the event that caused the damage took place.

Article 10.          Miscellaneous

1. Commissioning Party is not entitled to transfer arising rights and/or obligations from the Agreement to third parties without permission of Stichting Voor Integrale Aanpak Mensenhandel, unless Parties have agreed otherwise in writing.
2. If any provision of this Agreement is or becomes invalid or non-binding, Parties remain bound to the other provisions. Parties shall replace the invalid provisions in proper consultation by another provision which is valid and approximates the intention of Parties as far as possible.
3. Dutch law applies to the Agreement. All disputes shall at first-instance be presented to the competent court in the district where Stichting Voor Integrale Aanpak Mensenhandel is located.