General Terms and Conditions
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Applicability and scope
- These General Terms and Conditions apply to all offers, agreements and proposals arising therefrom between SYNCJOB B.V. headquartered at (1101 HG) Amsterdam, on the De Entree 201, registered in the trade register of the Chamber of Commerce under number 93583265 and its counterparties, the latter hereinafter referred to as “Client”.
- By creating an account on the SYNCJOB platform, making use of our SYNCJOB Software or our Services you, your customers and Users accept our General Terms and Conditions, our Privacy statement and our Terms and Conditions of Access. These terms apply to demos, trial accounts, Services, and all subscriptions to our SYNCJOB Software.
- The General Terms and Conditions apply directly to all our Quotes and special offers. The General Terms and Conditions form an integral part of every Quote or special offer. Deviation from these Terms and Conditions is only possible if both parties have agreed to this in advance and in writing.
- Provisions or general (purchase) conditions of Client are explicitly not applicable and, insofar as Client refers to them, are explicitly rejected by SYNCJOB. Only terms and conditions (of purchase) of Client explicitly accepted in writing by SYNCJOB are applicable.
- SYNCJOB prepares an offer in which SYNCJOB indicates what work, hereinafter referred to as “the Services”, SYNCJOB offers to perform for Client, what is included in the Services and the amount due for it. Only the description of the Services indicated in the offer is binding.
- In general, the Services include supply of the SYNCJOB software, supply of licensed software, the provision of remote support, and everything related to this.
- An offer is entirely non-binding and valid until the date indicated in the offer or until it is withdrawn by SYNCJOB. SYNCJOB can never be obliged to accept an acceptance after this period, but if SYNCJOB does so, the offer is still accepted.
- The total amount in an offer is valid only if all work may be carried out by SYNCJOB. If the Client wishes to have part of the work performed, SYNCJOB will issue a new quotation.
- If Client does not explicitly indicate the agreement with the offer, but nevertheless agrees – or creates the impression – that SYNCJOB performs work that falls within the description of the Services, the offer is considered accepted.
- For requests for additional work, SYNCJOB will either provide an appropriate quotation or carry it out at the prices agreed at the time with the Client, at additional cost.
- When the SYNCJOB Software uses services and software of third parties, in addition to the General Terms and Conditions of SYNCJOB, the standard (license) terms of the relevant third party also apply. We are not responsible for the services of this third party. We expect you to accept the standard (license) terms of third parties and can provide a copy of those standard (license) terms at your request.
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Access to and use of the SYNCJOB Software
- We grant you and the Users access to the SYNCJOB Software as long as you are not in arrears with payment, and you and the Users adhere to these General Terms and Conditions and the Terms and Conditions of Access. We will work hard to make the SYNCJOB Software available 24/7 and to provide access to the stored Data in accordance with the Documentation, with the exception of announced maintenance (downtime) and force majeure situations. We do not guarantee the availability of the SYNCJOB Software. For some subscriptions, we may negotiate a Service Level Agreement (SLA) with you. We will send it to you with the Quote.
- After the agreement is concluded, the Services will be performed by SYNCJOB as soon as possible in accordance with the offer, taking into account reasonable wishes of Client. Without prejudice to the provisions in article 2.8 of these General Terms and Conditions, SYNCJOB is always entitled to engage third parties for the execution of the Services and to grant sublicences to Client instead of licences. This shall never constitute a shortcoming on the part of SYNCJOB and SYNCJOB shall thereby properly fulfill its agreement with Client.
- Client is obliged to do and refrain from doing all that is reasonably desirable and necessary to enable a correct and timely performance of the Services. In particular, Client shall ensure that all data, which SYNCJOB indicates are necessary or which Client should reasonably understand are necessary for the performance of the Services, are provided to SYNCJOB in a timely manner.
- A deadline specified by SYNCJOB for the completion of the order regarding the Services, or parts of the order, is only indicative in nature, unless the nature or content of the agreement explicitly indicates otherwise.
- Client shall give SYNCJOB access to all services and accounts under its control (such as webshop or ERP accounts) that SYNCJOB reasonably needs to provide the Services.
- SYNCJOB performs the Services carefully, soundly and to the best of its ability. Without prejudice to the provisions of Article 2.8 of these General Terms and Conditions, SYNCJOB shall always be entitled to engage third parties for the performance of the Services. SYNCJOB is and remains the responsible and liable contractual counterparty towards Client in respect of the agreement entered into, unless the situation referred to in Article 2.8 of these General Terms and Conditions arises.
- SYNCJOB is entitled, but never obliged, to examine the correctness, completeness or coherence of the source materials, requirements or specifications made available to it and, upon detection of any imperfections, to suspend the agreed work until such time as Client has removed the imperfections in question.
- Unless otherwise agreed, SYNCJOB is not a party to the provision of third-party services, such as software licences or hosting required for Services, even if SYNCJOB orders or purchases these services on behalf of Client. In the case of software licences belonging to the Service, the software supplier determines whether SYNCJOB is Client’s contractual counterparty or the supplier directly. SYNCJOB shall provide adequate information in this respect.
- If SYNCJOB requires cooperation/integration with a third party and/or third-party software licences (e.g. when SYNCJOB offers its Services with an add-on api) for the provision of the Services to Client, Client shall acquire these licences and ensure that all necessary provisions are complied with. Client shall indemnify SYNCJOB against third party claims regarding installation and/or third party licences.
- SYNCJOB is entitled to (temporarily) withhold or limit the Services, in other words, to suspend its obligations towards Client in whole or in part, if Client fails to fulfill any obligation towards SYNCJOB in relation to the agreement or acts in breach of these general terms and conditions.
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Maintenance, service & (remote) support
- Our service and support teams are ready to provide you with the best possible support with any questions or problems you have regarding the use of the SYNCJOB Software or the Services. A description of the SYNCJOB Software functionality is available in the Documentation. If we have developed additional features for you via our Services, the functionality is laid down in writing in the binding Quote.
- If we know that the SYNCJOB Software will be temporarily unavailable (downtime due to, for example, a malfunction, maintenance, modification or improvement of the SYNCJOB Software), we will notify you five (5) days in advance on our status page (https://status.syncjob.io). In the instance of force majeure, we endeavor to make the SYNCJOB Software and the Data available and accessible as soon as possible (see article 16 force majeure).
- “Maintenance” means keeping the Services functioning in accordance with the agreement or further agreement, and more generally, repairing errors.
- SYNCJOB shall endeavour to carry out the Maintenance to the best of its ability, but in doing so is often dependent on its supplier(s) and third parties for updates, error repair software (‘patches’). SYNCJOB is entitled not to install certain updates or patches if, in its opinion, this does not benefit a correct functioning of the Services and/or software or is not in the interest of Client.
- If service and maintenance is agreed for the use of the Services, this is stated separately in the agreement with Client. The following situations are not considered disruptions of the Services in the context of service and support:
- Interruptions due to changes to the Services at the request of Client;
- Interruptions in which specialists of SYNCJOB or its suppliers are denied access to third party software platforms to carry out repair work;
- Interruptions due to adjustments to or disruption from external factors (including power outages, network availability, etc.).
- We regularly release updates. We issue updates regularly to repair known issues and roll out small improvements in the functionality and operation of the SYNCJOB Software.
- We also regularly release new versions of the SYNCJOB Software. We do this to implement new functionality. We adjust the Documentation for major updates and new versions. If an update, change, or new version leads to a significant change in functionality, we endeavor to inform you in a timely fashion. When you choose not to install our updates and new versions, regardless of the reason, we will not be liable for any errors or restrictions on your access or use of the SYNCJOB Software that arise as a result. We are not obliged to maintain, change, or add certain features or functionalities to the SYNCJOB Software for you.
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Development of Works
- If a Service involves the development, configuration and/or adaptation of Works, such as websites, data files, software, documentation, advice, reports, analyses, designs, texts, photographs, films, sound recordings, images, audio-visual material, logos or house styles (hereinafter referred to as “Works”), the parties will consult to make further arrangements in this respect, before Supplier makes use of images, software and components of third parties in the development, configuration or adaptation of Works.
- SYNCJOB is allowed to use open source software whose rights are held by third parties. This means, inter alia, that SYNCJOB may supply open source software to Client and may incorporate open source software in Works that SYNCJOB creates or adapts in the context of a Service. If the licence of certain open source software entails that Client can only distribute (parts of) the Software as open source, SYNCJOB shall adequately inform Client of all applicable licence conditions and Client shall give its consent and cooperation to this by way of a third-party clause.
- After delivery, the responsibility for correct compliance with the relevant third-party licences when using the developed Works lies with Client.
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Completion and acceptance
- SYNCJOB shall, after carrying out the implementation work or parts thereof, deliver the result when it meets the specifications and is suitable for use in its professional opinion.
- Client must then evaluate and approve or reject the work delivered within a period of 14 days after delivery. If Client does not reject the delivery within this period, the delivery is deemed to have been accepted.
- If a Service or Work is delivered in phases, the approval or disapproval of the part of the Service or Work of that phase shall be given in the manner provided for in the previous paragraph, if so desired, after completion of each phase. Client may not base an approval or disapproval in a later phase on aspects approved in an earlier phase.
- If Client disapproves the delivered product in whole or in part, SYNCJOB shall endeavour to remove the reason for disapproval as soon as possible, if such disapproval is well-founded.
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Duration, notice period and termination
- Unless your account or your access to the SYNCJOB Software is prematurely terminated by us in accordance with these General Terms and Conditions, you will have access to the SYNCJOB Software for the duration of the subscription you have chosen. After that, the duration of your access or account will automatically be extended each time for the duration of the subscription that you initially chose.
- If you do not want your subscription and therefore access to your SYNCJOB account to be extended, you need to cancel your SYNCJOB subscription yourself. You can do this via the following link https://syncjob.io/en/cancel. Once the form is completed, your cancellation will be officially submitted and we will start processing it. You will receive a confirmation from us within 3 business days. By doing so, you are terminating the agreement we have entered into as of the end date of the term. We cannot process cancellations in any other way due to privacy reasons. If your account or access has already been extended indefinitely, your cancellation will take effect immediately after we receive your cancellation on the next renewal date.
- If you have a subscription for a limited time for an account and access to the SYNCJOB Software and the Services, you cannot terminate your subscription prematurely.
- If you have received a Quote from us containing an offer of access and use of the SYNCJOB Software and provision of the Services, the duration of your access and use is noted therein. The offer as presented in the Quote is valid for thirty (30) days after the Quote date.
- After cancellation, termination or dissolution for whatever reason, SYNCJOB is entitled to erase all data stored on its premises for the benefit of Client after 6 months from the date the agreement expires, unless legal obligations for SYNCJOB state otherwise. SYNCJOB is willing to provide Client with a copy of these data at cost price.
- After termination of the agreement, the provisions, which by their nature are intended to remain in force thereafter, including the duty of confidentiality, shall remain in full force.
- The parties are entitled to terminate the agreement with immediate effect if a party is declared bankrupt, applies for a suspension of payments, suffers a general attachment of assets, dies, goes into liquidation or is dissolved.
- We reserve the right to unilaterally terminate the Subscription with a notice period of one month, if we believe that the partnership or collaboration no longer meets our expectations. In such a case, SYNCJOB will always first inform you in writing and attempt to resolve the issue through consultation.
- If we terminate the agreement, you have to fulfill your (payment) obligations based on your subscription or from the Quote. SYNCJOB reserves the right to claim to following sums from you: damage, costs and lost interests attributable to your shortcoming, costs associated with terminating the contract and lost income associated with the termination actions.
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Information from you
- To provide a relevant, timely and accurate Quote, we need correct and complete information from you. At a minimum you should provide us with which applications you will use our SYNCJOB Software. When you alter (specific) information after a Quote is provided, this can have an impact on the Quote we have made.
- In the unlikely event that we make an obvious mistake in the Quote, we are not obliged to adhere to it. We hope for your understanding in this situation.
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Trial version, demos, subscriptions & updates
- When creating an account, you choose between the various subscriptions for access and use of the SYNCJOB Software offered at that moment. You can indicate the number of conversations that you are purchasing access and use for. The prices are published on our website, or can be found in the Quote specially drawn up for you.
- With an account or subscription, you can use the SYNCJOB Software – but check the Documentation for the functionality and terms that are associated with your account or subscription. These General Terms and Conditions also apply to demos and free trials.
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Terms and conditions of payment
- SYNCJOB’s fee is calculated on the basis of a fixed rate per year, in addition to variable prices for the number of connections and synchronizations that you will use or use and any development projects:
- Subscription basis, i.e. a fixed amount per period based on the base software fee and agreed number of API-connections. This amount is to be paid in advance per period; and/or
- Supplemented by any variable recurring costs, i.e. an amount per API connection and/or supplemented by licence fees. This amount is to be paid per period in arrears; and/or
- Supplemented by any project-based costs, i.e. a fixed amount per project, this amount is to be paid in advance.
- All prices are indicated in Euros, exclusive of VAT tax, unless otherwise indicated. You pay without deduction or settlement, without suspension due to intended or actual shortcomings.
- The prices may be indexed annually (for the first time 12 months after the date of the agreement). Any indexation takes place for at most the CPI index of the CBS, series 2015 = 100, according to the following calculation method: (index figure (new quarter) – index figure (old quarter) / index figure (old quarter) x 100%). As new quarter the most recent quarter for which the final index figure is known is used. As old quarter the same quarter of the previous year is taken into account.
- If our standard credit check reveals that you have an increased risk profile for SYNCJOB, SYNCJOB will inform you about this in writing and we can ask for a (full) advance payment of the agreed fee from you.
- SYNCJOB invoices electronically, by e-mail. This means that we send our invoices to you digitally and process them automatically. You are responsible for the correctness of the contact and bank details provided, which includes the email address, account number and ascription.
- If Client believes that (a part of) a digital invoice is incorrect, Client must report this to SYNCJOB within the payment period. The payment obligation of the disputed part (but not the rest) is suspended until SYNCJOB has investigated the report. If after SYNCJOB’s investigation it appears that the dispute was unjustified, Client must still pay the disputed amount within 7 days.
- Unless otherwise agreed upon in the Quote, the payment for your account and use is made in advance by an automatic direct debit transaction. You are required to pay an invoiced amount within the payment period as indicated in the Quote, but no later than 14 days. For all alternative payment methods, SYNCJOB reserves the right to charge an administrative transaction fee.
- By providing your payment details, including your account number and account holder’s name, and by confirming the automatic direct debit payment method, you authorize (a) SYNCJOB B.V. and Stripe, our payment processors, to submit instructions to your bank in order to debit your account directly and (b) to allow your bank to debit your account in accordance with the instructions. The instructions that SYNCJOB B.V. and Stripe send to your bank are in accordance with the SYNCJOB payment terms as indicated in these General Terms and Conditions.
- If the automatic direct debit transaction fails, you will automatically receive a message from us. In such an instance, SYNCJOB will try again to collect the amount due by direct debit. In the event that the automatic direct debit transaction fails two or more times within the Offer period, SYNCJOB will send you an invoice with the request to pay the amounts due by bank transfer within 14 (fourteen) days after the invoice date. In addition to the amounts already owed, SYNCJOB will add an administrative fee of € 25 (twenty-five Euro) excluding VAT tax to the total invoice amount.
- If you do not pay within the required period as indicated in articles 7.7 or 7.8, you are automatically in default, and we can apply the statutory interest for Commercial Transactions. The interest accrues immediately on the due date of the invoice until the day where the invoice is paid in full.
- We reserve the right to charge you all costs, including extrajudicial collection costs, when you fail to meet one or more responsibilities in a timely or correct fashion, where the extrajudicial costs are a minimum of 15% of the invoice amount, with a minimum of €100.
- In case of late payment SYNCJOB is entitled to suspend the provision of its Services to Client until full payment of the amounts due has been received.
- The claim for payment is immediately due and payable in case Client is declared bankrupt, applies for a suspension of payment or a general attachment is imposed on Client’s assets, Client dies, goes into liquidation or is dissolved.
- SYNCJOB’s fee is calculated on the basis of a fixed rate per year, in addition to variable prices for the number of connections and synchronizations that you will use or use and any development projects:
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Confidential information & confidentiality
- Parties will keep confidential any information they provide to each other before, during or after the execution of the agreement if this information is marked as confidential or if the receiving party knows or should know that the information was intended to be confidential. Parties shall also impose this obligation on their employees as well as on third parties engaged by them for the execution of the agreement.
- SYNCJOB is entitled to use and process data that Client stores and/or distributes through the software to which the Services relate, if this is necessary for the proper execution of the agreement. SYNCJOB is not obliged to maintain confidentiality if it is obliged to disclose confidential information under a legal provision or court order.
- SYNCJOB may use the knowledge gained in the execution of the agreement for other assignments, as long as no Client’s information becomes available to third parties in violation of confidentiality obligations.
- In case of breach of one or more obligations, as formulated in this article, by Client or by persons employed by or working for Client, Client forfeits in favor of SYNCJOB, or SYNCJOB’s legal successor under general or special title, an immediately payable fine that is not subject to judicial mitigation amounting to EUR 25,000 (in words: twenty-five thousand euros) per violation, all this without prejudice to SYNCJOB’s right to claim performance and compensation for the damage suffered and still to be suffered or to take other legal measures in order to have the violation ended.
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Rights of intellectual property
- All intellectual property rights to all Services or Works developed or delivered by SYNCJOB under the agreement shall be vested exclusively in SYNCJOB or its licensors. Only if explicitly stated in the offer or separately explicitly agreed, rights may be transferred to Client.
- Client only acquires the rights of use and powers arising from the scope of the agreement or granted in writing. Otherwise Client shall not reproduce or disclose the Works or other results of materials related to the Services. Any use, reproduction or disclosure of the materials beyond the scope of the agreement or rights of use granted shall be considered a violation of copyright or infringement of SYNCJOB’s intellectual property rights.
- Client is entitled to make changes to Works that it receives a right of use to, but only if this is explicitly included in the agreement.
- Client is not allowed to remove or change any indication concerning copyrights, brands, trade names or other intellectual property rights from the materials related to the Services, including indications concerning the confidential nature and secrecy of the materials.
- In case of infringement of the intellectual property rights of SYNCJOB by Client or by persons employed by or working on behalf of Client, Client forfeits in favor of SYNCJOB, or SYNCJOB’s legal successor under general or special title, an immediately due and payable fine amounting to EUR 25,000 (in words: twenty-five thousand euros) per infringing act, all this without prejudice to SYNCJOB’s right to claim performance and compensation for the damage suffered and still to be suffered or to take other legal measures to have the infringement terminated.
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Privacy
- Privacy is especially important to us, and we have written down in our Privacy statement how we deal with this at SYNCJOB. We are only responsible for personal data that we process from website visitors and personal data that we process with regard to your use of the SYNCJOB Software. We are not responsible for the processing of the personal data of your customer and Users. You are responsible for informing these parties in accordance with privacy laws.
- We use cookies and other tracking technologies on our website, as described in our Cookie Statement.
- You must take into account that third parties, as referred to article 1.4, may process personal data. You must also conduct your own research into this processing of personal data. We are not liable for the processing of personal data by this third party.
- Our standard data processing agreement can be found via this link. When you agree to these General Terms and Conditions (see article 1.2), then you have also accepted the Data Processing Agreement.
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Services provided by and not provided by SYNCJOB
- We do our best to provide the Services and implement the Quote in a way that makes you as satisfied as possible.
- All agreements between us qualify as a best efforts obligation, unless we have explicitly agreed on a result in the Quote. This result must be described in writing with sufficient determinability.
- We reserve the right to engage third parties in the performance of our Services and in the provision of the SYNCJOB Software.
- When we, at your request or with your consent, have to perform work that falls outside of the scope of our Quote, we will charge you the associated hours and costs. We are never obliged to comply with such a request.
- If we cannot meet our agreed deadlines because, at your request or with your consent work has to be performed that we have not included in our Quote, we expect your understanding in this event. If additional work is required during the execution of the terms of the Quote, that is not a valid reason for you to terminate or dissolve the Quote.
- The agreed deadlines for the delivery of the results from the Services from SYNCJOB as described in the Quote are not strict timelines.
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Guarantees
- We guarantee that we are the owner of SYNCJOB Software, or that we have legal permission from our suppliers and licensors to provide access to and use of the SYNCJOB Software to Users.
- We guarantee that the SYNCJOB Software does not contain viruses, back doors, logic bombs or other malicious materials.
- Although we have compiled our SYNCJOB Software with the greatest possible care, we can unfortunately not guarantee that it will operate and be available without disruption, error or malfunction, or that the information we provide is always complete, correct and/or up-to-date. Our Documentation contains a description of what you can expect from the SYNCJOB Software. Only if we have agreed an SLA with you in the Quote, you are entitled to the availability under that Service Level Agreement (SLA).
- If you are not satisfied with the quality of the Services, we request that you inform us in writing as soon as possible and describe as accurately as possible what you think has gone wrong. We will review your complaint and if we agree, then we will compensate you for (the portion of) the Services that have not been properly delivered to you free of charge.
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Indemnification
- If you are faced with a legal claim from a third party in which it claims that the SYNCJOB Software infringes an intellectual property right of that third party, we will indemnify you against this legal claim. We expect that you will inform SYNCJOB immediately in writing about the existence of and the contents of this legal action and allow SYNCJOB to handle the legal action fully from that point moving forward. We also expect that you provide the necessary authorizations, information, and cooperation to SYNCJOB in order to defend you from this legal action.
- The obligation to indemnify, as referred to in the previous paragraph, does not apply in the instance that the infringement is related to:
- Data, information, or matters that you have provided to us for use, adaptation, processing or incorporation for the creation or execution of a Quote; or
- Changes that you, or a third party have made to SYNCJOB Software without our written permission.
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Force majeure
- In the instance of force majeure, the availability of the SYNCJOB Software and Services may be impacted (see article 3). Therefore, we cannot guarantee the uptime during force majeure, even under an SLA. If force majeure presents itself, SYNCJOB reserves the right to suspend its obligations for as long as the force majeure lasts. A force majeure does not suspend your obligations.
- Force majeure is any circumstance, independent of the will or control of SYNCJOB, that temporarily or permanently prevents the execution of a Quote or your access to your account or the SYNCJOB Software, which should not be at the risk of SYNCJOB, neither by law nor by standards of reasonableness and fairness, such as: malfunctions or downtime of internet and telecommunications infrastructure, synfloods, network attacks, DoS- or DDoS-attacks, power surges, national riots, mobilization, war, stoppages of traffic, strikes, lockouts, industrial disturbances, stagnation in supply, fire, flood, supply and demand obstacles and force majeure from third parties that SYNCJOB utilizes to fulfil its obligations (such as but not limited to the hosting of the SYNCJOB Software), whereby fulfilment of obligations cannot be reasonably expected of SYNCJOB.
- SYNCJOB endeavors to inform you as quickly as possible within a reasonable period of time in the event of force majeure.
- If a portion of our obligations as described in the Quote have been completed, we reserve the right to send you a partial invoice. But we must remain reasonable. If the force majeure situation lasts longer than three (3) months, we may both terminate the agreement prematurely without observing notice periods.
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Liability
- SYNCJOB is only liable to Client in case of an attributable failure in the fulfillment of the agreement and only for substitute damages, i.e. compensation of the value of the performance defaulted on by SYNCJOB.
- Any liability of SYNCJOB for direct damage is always limited to a maximum of the order value (exclusive of VAT) mentioned in the agreement to which the liability relates or to a maximum of the annual amount of the licence fees owed by Client, if no agreement exists. SYNCJOB is not liable for indirect damage or consequential damage, damage due to lost turnover or profit, damage due to loss of data as well as damage due to exceeding deadlines.
- SYNCJOB’s liability for attributable failure in the fulfillment of the agreement only arises if Client gives SYNCJOB immediate and proper notice of default in writing, whereby a reasonable term is given to remedy the failure, and SYNCJOB continues to fail imputably in the fulfillment of its obligations even after that term. The notice of default must contain as detailed a description of the failure as possible, so that SYNCJOB is able to respond adequately.
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Amendments to the agreement & general terms and conditions
- Amendments to the agreement concluded between the parties shall only be possible and legally valid if such amendments are expressly agreed in writing between the parties.
- However, if the agreement is a long-term agreement, SYNCJOB is entitled to unilaterally modify or extend these general terms and conditions once per calendar year. To this end, it shall notify Client at least 2 months before the adjustments or extensions will take effect. A continuing performance contract is deemed to exist if a duration of more than one year has been agreed at the start of the continuing performance contract. Amendments to the general terms and conditions do not affect the specific agreements between parties, nor do they affect the essence of the Services to be provided by SYNCJOB.
- If Client objects within the 2-month period referred to in the previous paragraph, SYNCJOB will consider whether or not to withdraw the objectionable adjustments or extensions. SYNCJOB will notify Client of this decision. If SYNCJOB does not wish to withdraw the adjustments or extensions that are objectionable to Client, Client is entitled to terminate the agreement as of the effective date of the amended general terms and conditions, unless the amendment is of such minor significance that it does not justify such termination of the agreement.
- SYNCJOB may make amendments to these general terms and conditions at any time if they are necessary due to amended legal regulations. Such amendments shall not entitle Client to cancel or otherwise terminate the agreement.
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Other provisions
- The agreement shall be governed by and construed in accordance with Dutch law. Insofar as not otherwise described by the rules of mandatory law, all disputes that may arise as a result of this agreement shall be submitted to the competent Dutch court for the district in which SYNCJOB has its registered office.
- Should any provision in the agreement be void, voidable or non-binding, the agreement shall remain in force in all other respects. Parties will consult on the provision in question, with the aim of agreeing on a legally valid provision that, as far as possible, has the same content and effect as the void, voidable or non-binding provision.
- In these general terms and conditions, ‘in writing’ also includes e-mail and other electronic communications, provided that the identity of the sender and the correctness and completeness of the content of the communication made have been sufficiently established. The parties will confirm the receipt and content of communications by e-mail.
- Any written communication received or stored by SYNCJOB from or on behalf of Client shall be deemed authentic, subject to evidence to the contrary to be provided by Client.
- A party is only entitled to transfer its rights and obligations under the agreement to a third party with the prior written consent of the other party. Notwithstanding this, SYNCJOB is always entitled to transfer its rights and obligations under the agreement to a parent, subsidiary or sister company.
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Definitions
General Terms and Conditions:
This document, including the Privacy statement and Terms and Conditions of Access.Services:
In general, the Services include supply of the SYNCJOB software, supply of licensed software, the provision of remote support, and everything related to this.Documentation:
the description of the functionality of the SYNCJOB Software can be found online at the URL: https://syncjob.io/en/about-syncjob/User:
Every natural person that uses the SYNCJOB Software.Data:
Data, not personally identifiable information, used or saved via de SYNCJOB Software.You:
A business, company or initiative, a SYNCJOB customer, that will use SYNCJOB Software to conduct customer service operations.Quote:
Our offer to you that both parties have signed and agreed to.Personal data:
All information directly or indirectly relatable to an identified or identifiable natural person.SYNCJOB Software:
Syncjob synchronizes e-commerce data between online stores, marketplaces, fulfillment, ERP, BI, ESP and PIM, simplifying infrastructure with a single, unified platform.SYNCJOB:
That’s us, SYNCJOB B.V., the customer service solution from Utrecht, headquartered at (1101 HG) Amsterdam, on the De Entree 201, registered at the Dutch Chamber of Commerce under number 93583265 Amsterdam, Nederland. -
Terms and Conditions of Access
These Terms and Conditions of Access are an integral part of the SYNCJOB General Terms and Conditions.
In order to use the SYNCJOB Software, you need to create an account on our platform.
After you have created a digital account, you will have a username and password allowing you access to the SYNCJOB Software.
You are not permitted to provide or distribute your username and password to third parties unless we have provided you will explicit written permission in advance.
You are personally responsible for all of the activities that are conducted from your (user) account and in using your account you are expected to abide by current applicable laws and regulations, as well as our General Terms and Conditions.
You are obligated to notify us immediately in writing when there is a possibility of unauthorized use of a password or an account, or when you suspect or are aware of a breach to the security of the SYNCJOB Software.
You are not permitted to act as another user of the SYNCJOB Software or provide us with incorrect or inaccurate identity information.
You are not permitted to change, edit, or alter the access to or use of the SYNCJOB software in any inappropriate, incorrect or unauthorized way, or to cause damage, malfunction or an attack to the SYNCJOB Software (or the connected network) in any way.
You may not transmit Data via the SYNCJOB Software or use the SYNCJOB Software:
- to violate or encourage the legal rights of others(for example encouraging Users to infringe or misuse the intellectual property rights of others);
- to conduct, promote or encourage illegal activities;
- that is, pornographic and/or offensive;
- for any unlawful, infringing, defamatory or fraudulent purpose (for example phishing, the creation of a pyramid scheme or mirroring of a website);
- to intentionally spread viruses, worms, Trojan horses, damaged files, hoaxes, spyware, or other items of a destructive or misleading nature;
- to disable, disrupt or bypass any element of the SYNCJOB Software;
- to generate, spread, publish, or facilitate unsolicited mass emails, promotions, advertising or other messages (“spam”), also not via (deep)link or a comparable technique with the SYNCJOB Software;
If we believe there is a threat to the functioning of the SYNCJOB Software, the network on which SYNCJOB operates or third parties, in particular due to excessive data transmission, the use of improperly secured systems or the presence of viruses, trojans or comparable software, we reserve the right to take all necessary measures we reasonably consider necessary to avert and to prevent this danger. This incluses that we may delete your account and Data without obligation to refund or indemnify you. SYNCJOB is not liable for any damage that may occur as a result of the deletion of your account and data in such a situation.
This version is provided to you along with the quotation and/or agreement and is also available on SYNCJOB’s website under reference to General Terms and Conditions, version 1.0 – March 2024 (see also: https://syncjob.io/terms).
Processing Agreement
By using the Syncjob software under the terms of an agreement that we concluded, you record a variety of data from your customers, suppliers, and others in our software. This data also includes personal data, including names, (email) addresses and telephone numbers. Legally you are designated as the “data controller” in the processing of that personal information. Since our platform makes it possible to save and use this data, we act as the data processor, meaning we will process your personal data in an appropriate and secure way.
On the basis of the General Data Protection Regulation (GDPR), in effect since May 25, 2018, arrangements between controllers and processors have to be made with regard to the processing of personal data by the processor (Syncjob). This data processing agreement outlines these terms.
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Definitions
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The terms indicated in this Processing Agreement with an initial capital letter shall have the meaning ascribed to them in this article and correspond to the terms as defined in the GDPR.
GDPR The General Data Protection Regulation (EU) 2016/679. Privacy Law All applicable laws and regulations regarding the Processing of Personal Data, including but not limited to the GDPR. Personal Data Any information concerning a natural person who can thereby be identified, directly or indirectly, in particular by reference to an identification number or to one or more factors specific to his or her physical, physiological, psychological, economic, cultural, or social identity. Data Subject(s) The person to which a piece of Personal Data is related, or his/her representative. For example, a customer or supplier from whom you have saved the (email) address or telephone number. Third party A natural person or legal entity, a governmental agency, a service or other organ, not being the Data Subject, the Data Controller, or the Data Processor. Master Agreement The agreement(s), including the quotation (both written and/or digital form on the Syncjob Platform), the general terms and conditions, and the terms of use with associated attachments, between you and Syncjob regarding the provision of services by Syncjob, the Data Processor, to you, the Data Controller, and to which this Data Processing Agreement is an addendum. Subprocessor A third party, including but not limited to group companies, sister companies, subsidiaries and auxiliary suppliers, that PROCESSOR engages to support the performance of the Agreement and processes Personal Data in that context. Processing Any action or set of actions with respect to Personal Data, including, in any case, the collection, recording, organization, storage, updating, modification, retrieval, consultation, use, provision by means of transmission, dissemination, or any other form of making available, bringing together, interconnection, as well as the blocking, erasure or destruction of data. Data Controller Data Controller: The person or organization that determines: - if Personal Data may be processed, and if so, which data;
- the goal with which this Personal Data may be processed;
- what the processing entails; and
- which means may be used to that end.
Data Processor The person or organization that Processes Personal Data on behalf of the Data Controller, for example, Processing via a web application, without coming under the direct authority of that party. In this Data Processing Agreement, Syncjob is the Data Processor. Processing Agreement This agreement, wherein the Data Controller (you) and the Data Processor (us) agree to terms about the Processing of Personal Data, including any addenda. Data breach A security breach that results in the significant likelihood of serious adverse consequences or has serious adverse consequences for the protection of Personal Data.
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The terms indicated in this Processing Agreement with an initial capital letter shall have the meaning ascribed to them in this article and correspond to the terms as defined in the GDPR.
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Who is Who?
- If you read “you” in this Data Processing Agreement, we are referring to you as a customer of the online customer service portal and/or the apps from Syncjob, and you hereinafter to be referred to as ‘CONTROLLER as the entity that has entered into an agreement with us hereinafter to be referred to as ‘PROCESSOR’ for the use of Syncjob. The above mentioned parties are hereinafter referred to individually as a “Party” and collectively as the “Parties”.
- If you read “we”, “our” or “ours”, then we are referring to Syncjob B.V. headquartered at (1101 HG) Amsterdam, on the De Entree 201, registered in the trade register of the Chamber of Commerce under number 93583265.
- Within Syncjob we also offer integrations, for example with Facebook, Shopify, or Exact Online. You can view or retrieve data from these platforms via the integration. For full transparency, we inform you that we are not the Data Controller of that data under the GDPR. The Data Controller for that data is the (social) platform itself.
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When is this data processing agreement in effect? Can this agreement be ended prematurely?
- By agreeing (online) to the content of this Data Processing Agreement, this agreement is concluded and enters into effect immediately.
- This Data Processing Agreement is a part of the Master Agreement that we have entered into with you for the use of Syncjob. Both agreements cannot be considered individually; if you or we end the Master Agreement, then this Data Processing Agreement will also automatically end. It is not possible to terminate this Data Processing Agreement without terminating the Master Agreement.
- When this Data Processing Agreement is terminated, the Personal Data will be provided to you upon request. You must make this request immediately with the termination of the Data Processing Agreement, as all Personal Data will be destroyed immediately following the termination of the Data Processing Agreement, unless we are obliged by specific judicial or legal actions to retain (specific) Personal Data.
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What personal data do we process for you? What are the goals of processing this data?
- We process Personal Data because you use our services and/or because you provide them to us yourself. We process Personal Data in accordance with applicable laws and regulations, contracts with clients and suppliers, agreements with employees and (privacy) policies within our company and its companies. This data may include, for example, your name and address or e-mail address, but also Personal Data that you actively provide, for example by sharing information with we in correspondence or by telephone, such as location data and data about your activities on our website. We keep a register so that the lawfulness, transparency, purpose limitation and accuracy of Personal Data processing activities can be monitored so that we can be held accountable.
- Personal Data will be Processed appropriately and securely, in accordance with the terms of this Data Processing Agreement and in accordance with the GDPR, or any other applicable laws and regulations regarding the protection of personal data.
- No special categories of Personal Data shall be Processed, such as Personal Data related to race and ethnicity, unless we have made other specific arrangements with you. In Annex 1 of this Data Processing Agreement, we specify which Personal Data we Process on your behalf.
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What are your responsibilities as a data controller?
- The Data Controller warrants that the Personal Data that will be Processed by the Data Processor are correct, relevant and not excessive in light of the purposes of Processing.
- The Data Controller shall immediately notify the Data Processor if there are errors or irregularities that may affect or are related to Processing.
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We handle personal data confidentially, but how?
- We are required to maintain confidentiality of all Personal Data that we Process on your behalf to fulfil the terms of the Master Agreement. For this purpose, we take the following measures:
- We will take all necessary measures to maintain and ensure secrecy and confidentiality of Personal Data;
- We ensure that all our employees will maintain confidentiality of Personal Data;
- If we utilize the services of another party that we engage for Processing, we will ensure that this party operates within the same confidentiality protocols regarding Personal Data, in accordance with the arrangements we have made with you.
- We do not need to maintain confidentiality and/or secrecy of Personal Data if:
- You have given explicit written consent to share specific Personal Data with Third Parties; or
- There is a legal requirement to share specific Personal Data with a Third Party.
- We are required to maintain confidentiality of all Personal Data that we Process on your behalf to fulfil the terms of the Master Agreement. For this purpose, we take the following measures:
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Where is personal data saved and how is it secured?
- We host and Process Personal Data exclusively within the European Economic Area (EEA).
- To secure Personal Data, we have taken appropriate technical and organizational security measures, as detailed in Annex 2. The choice of these measures is based on available technology, the costs of implementation, the type of Personal Data that we Process on your behalf, and the associated risks. The demands of security and technology continue to change; thus, we continuously evaluate our security measures and adapt, improve, or evolve them as necessary.
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What is the protocol in the event of a data breach?
- A data breach involves an infringement regarding Personal Data that leads to accidental or unlawful destruction, loss, change, or unauthorized disclosure of, or access to, Personal Data that has been transmitted, stored, or otherwise Processed.
- In case of a data breach with regard to the Personal Data that we Process on your behalf, we will inform you immediately (within 24 hours after discovery).
- We shall provide you with the following information in the event of a Data Breach within the time period specified in the preceding article, to the extent reasonably known:
- A summary of the events regarding the Data Breach;
- The date on which, or the period during which, the Data Breach occurred;
- The (alleged) cause of the Data Breach;
- A description of the type of group and number of individuals whose data is (potentially) affected by the Data Breach and, if known, the identity of these Subjects;
- The categories of Personal Data (potentially) affected by the Data Breach;
- A description of whether the affected Personal Data has been encrypted, anonymized, pseudonymized, or remotely erased in any way;
- The measures taken or to be taken to mitigate the effects of the Data Breach and prevent its recurrence.
- As the Data Controller, you also have specific (legal) responsibilities in the event of a data breach. We will support you in any way we can in fulfilling these responsibilities.
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How do we handle the rights of data subjects?
- Data Subjects have several rights under the GDPR. You are obliged to take these rights into account. Where possible, we will help you, including requests for access, rectification, and restriction of processing of Personal Data. In the event we receive a request or complaint from a Data Subject, we will send that request or complaint immediately to you.
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Who else has access to the personal data?
- In some instances, we make use of Sub-processors. These are individuals or organizations that we in turn engage to Process Personal Data from our Syncjob software. You can review the list of sub-processors via Annex 3.
- We make clear agreements with Sub-processors about how to manage all data. We specifically make agreements about the technical and organizational security measures that they must take in order to meet the requirements of laws and regulations. We are responsible for the Sub-processor’s meeting of these requirements as a Data Processor on behalf of you, the Data Controller.
- By signing this Data Processing Agreement, you give us permission to engage Sub-processors. If we intend to use another Sub-processor, we will always inform you in advance. If you continue to use the Syncjob software after being notified, you are deemed to have agreed to the use of those Sub-processors.
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Who is liable in the event of damage?
- You will indemnify us for penalties or fines from or issued on behalf of the Dutch Data Protection Authority to us, and for claims for damage by a Data Subject, in the event that these penalties, fines or claims are the result of you not meeting the responsibilities for Processing of Personal Data, on the basis of this Data Processing Agreement, the GDPR and other applicable privacy regulations.
- Should we be liable for these penalties and/or fines from or issued on behalf of the Dutch Data Protection Authority or claims from Data Subjects, the terms of the Master Agreement regarding (limitation of) liability of Syncjob are fully applicable. Our liability is limited to the amount of the license fees that are paid under the Master Agreement.
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What can you do to verify whether we are meeting the obligations of this agreement?
- You have the right to conduct (periodic) audits, or contract for the conduct of audits, to verify whether we are meeting the terms of this Data Processing Agreement. For this purpose, we agree to the following: We are always operating from a perspective of fulfilling our responsibilities as outlined in this Data Processing Agreement. For this reason, we may allow an independent and external auditor to conduct an audit. If we have conducted such audit, you can request to review the audit report. Only if you have sufficient reason to believe that we have not fulfilled our obligations under this Data Processing Agreement, you have the right to also allow an external auditor to conduct an audit at your own cost. You also have this right if an audit report is not available for review.
- You will notify us in writing at least 14 days in advance that you would like to conduct an audit. If the date and/or time of the audit does not align with our business operations, then we will inform you and propose a new date and time.
- You will use an external auditor that meets the quality standards such as the requirement to maintain secrecy and objectivity. If the external auditor does not meet these quality standards, then we reserve the right to refuse the audit by this auditor.
- The individuals that conduct the audit will maintain the security procedures that we have implemented. This means, for example, that confidentiality is maintained. You also will maintain confidentiality about the results of the audit; it is not allowed to communicate with third parties about the results of the audit. This is allowed, however, if we have (after discussions) granted our permission.
- We will collaborate with the audits and auditors and will provision all reasonably relevant information in a timely fashion. The audits are conducted at your cost.
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How do we handle disputes?
- If we have a dispute, we will do our best to find a resolution together. In the instance we cannot mutually resolve the dispute, the dispute shall be presented to the competent court of the judicial district West-Netherlands, Amsterdam. We reserve the right to present the dispute to this court, even if regulations indicate that another court may have jurisdiction.
- Dutch law applies to this Data Processing Agreement. This also applies to all other agreements and other legal actions resulting from or relating to this Data Processing Agreement.
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How do we handle the rights of data subjects?
- If there is a discrepancy in the terms of this Data Processing Agreement and the Master Agreement we have entered into for the use of Syncjob, then this Data Processing Agreement prevails, and these terms shall be applicable.
ANNEX 1: TYPE OF PROCESSING
Version: March 2024Subject of processing:
We process Personal Data because you use our services and/or because you provide them to us yourself. We process Personal Data in accordance with applicable laws and regulations, contracts with clients and suppliers, agreements with employees and (privacy) policies within our company and its companies. This data may include, for example, your name and address or e-mail address, but also Personal Data that you actively provide, for example by sharing information with us in correspondence or by telephone, such as location data and data about your activities on our website. We keep a register so that the lawfulness, transparency, purpose limitation, and accuracy of Personal Data processing activities can be monitored so that we can be held accountable.
Categories of processed Personal Data:Data subject | Customers of the organization that is a Syncjob customer |
Categories of personal data | First name, Last name, Email address, (Mobile) Phone number, Job title, Personal message (optional), Residential location, Work location, Company / Department, Username, Password, IP address, Date and time of purchase, Time zone difference from GMT, Content of the request, Website where the request came from |
Purpose of the processing: | Providing the services to you, through the Syncjob software. |
Retention periods: | Up to 2 years after the end of the service |
Processing outside the EEA: | No |
Furthermore, with regard to job applicants in terms of Personal Data, we additionally process: education, work experience and interest in a job. In addition, with regard to marketing purposes, we additionally process: marketing preferences, including any consents given.
Purpose(s) of processing:- For compliance with applicable laws and protection of our legitimate business interests and legal rights, including, but not limited to, use in connection with legal claims, compliance, regulatory and investigative purposes (including disclosure of such information in connection with legal proceedings or litigation).
- In addition, based on your consent (if required), we will send you direct marketing communications regarding our relevant products and services or other products and services provided by us, our affiliates and carefully selected partners. You can withdraw your consent at any time, see the section “Data subjects’ rights” below. In the case of electronic direct marketing, you can opt-out by following the instructions in the communication.
- Furthermore, you can sign up for our newsletter or receive invitations to events using your name and e-mail address via the registration form on our website. You can unsubscribe from receiving emails at any time by following the instructions in the newsletters. If you are already a customer, we may contact you in relation to relevant products or services, in our legitimate interest to develop our business. We may do this via e-mail or, if your email is registered on LinkedIn, connect with you on LinkedIn and/or send you messages on LinkedIn. If you are not yet a customer of ours, we will only contact you, for example via email or LinkedIn, with offers or about our products or services if you have given us your consent. When we contact you via e-mail in this context, you always have the option to unsubscribe at any time by contacting info@syncjob.io.
- You can also download content, for example white papers and research reports, from our website using the forms provided. We collect the data you enter on the form, including your name, company, country and email address. We process the data you enter on this form for our legitimate interest in tracking who downloads our content.
We shall retain the Personal Data for the duration of the use of our products or the performance of the Agreement and, if a (statutory) retention period applies pursuant to applicable case law or laws and regulations, also during that (statutory) retention period. In addition, in case of an (imminent) legal dispute with you or in case of other legal proceedings, the storage of Personal Data may extend beyond the indicated retention period.
Supplementary informationQuestions about the data we process? Please contact: privacy@syncjob.io
For more comprehensive legal terms see our website: https://syncjob.io/terms
ANNEX 2: SECURITY MEASURES
Version: March 2024The technical and organizational security procedures and measures comply with applicable and generally accepted security standards, as required by the GDPR.
The security measures to be taken by PROCESSOR are therefore at least the following:
- Implemented security policy and periodically updating and implementing the updated security policy;
- Implemented code of conduct;
- Confidentiality obligations in employment contracts;
- Intrusion alarms;
- Secure means of storing data files;
- Logical access controls through knowledge, such as password or personal access codes;
- Logical access controls through physical means of access, such as a security pass;
- Control of rights granted;
- Logging and monitoring of access to the system (including checking for signs of unauthorized access to Personal Data);
- Recovery procedures;
- Encryption of Personal Data during electronic transmission to external parties;
- Compliance with the confidentiality provision of this Processing Agreement; and
- Designating a limited number of persons entrusted with the performance of the Personal Data Processing and authorized to grant themselves access to the Personal Data, which persons are expressly authorized only to perform the actions necessary for the performance of the Agreement.
ANNEX 3: SUBPROCESSORS
Version: March 2024This appendix lists which Subprocessors we cooperate with, the function of cooperation with these Subprocessors, and the categories of Personal Data the Subprocessors receive. Some partners might process their data outside the European Economic Area (EEA); if this is the case, this is mentioned at the related subprocessor.
We work with Subprocessors to provide our website(s), services, and products. Subprocessors receive only the data they need to perform their functions.
Name Subprocessor | For the purpose of | Explanation |
Cloudways | Hosting | Cloudways hosts the production servers of Syncjob. It also hosts our WordPress sites. |
Google Suite | Hosting | Google Cloud hosts the production servers for Syncjob. With Looker Studio, data is transferred into informative dashboards and reports. Django, a web application framework written in Python, is used to develop the apps and runs on Google Cloud. |
Atlassian | Software for team collaboration between development and business | Atlassian’s team collaboration software such as Jira and Confluence help the development team and the business team organize, discuss, and complete shared work, such as dealing with bugs in Syncjob products. |
Hubspot | Providing systems for customer service tickets, marketing, and sales | We use Hubspot for maintaining our customer base and analyzing feedback. Our data is being stored in the EU and there is an existing data processing agreement. |
Exact | Preparing invoices | Through Exact’s accounting program, invoices are sent to customers from the Finance department. |
Stripe | Payment solutions | We use Stripe to handle all our billing, subscription management, invoices, and payments. They need personal data to ensure this is being done safely. |
Marketing | Advertising channel. | |
Meta | Marketing | Advertising channel. |
Hotjar | Marketing | Heatmaps for website visitors. |
Privacy
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General information
- This Privacy Statement describes the use by SyncJob B.V., headquartered at (1101 HG) Amsterdam, on the De Entree 201, registered in the Commercial Register of the Chamber of Commerce under number 93583265 (hereinafter “SyncJob”), of your personal data. We at SyncJob are committed to respect your (online) privacy and acknowledge your need for appropriate protection and management of all personal data collected by or submitted to us (or to carefully selected third parties acting on our behalf).
- It is important to us that the personal data of the users of our products and services, the visitors of our websites, our (potential) customers and our (future) partners are treated with care and that you are well informed about how we process your personal data. We have prepared this privacy statement to inform you on what data we process, how, why and for how long, and what your rights are.
- In this privacy statement, “personal data” means any information relating to a natural person who can thereby be identified, directly or indirectly, in particular by reference to an identification number or to one or more factors specific to his or her physical, physiological, psychological, economic, cultural or social identity.
- This privacy statement applies to all personal data collected and used by us when you visit our websites and/or when you purchase or download and use the products and services offered by us and/or when you interact with us through social media or otherwise.
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When do we collect personal data?
We collect personal data when you:
- purchase, download or use products or services;
- visit our website(s);
- request support for our products;
- request software downloads;
- create a user account;
- request information or materials (e.g. white papers or newsletters);
- participate in surveys or evaluations;
- participate in promotions, contests or giveaways;
- contact us;
- apply for a job and/or submit your resume.
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What personal data do we collect?
- The types of personal data collected include:
- First and last name;
- Title and name of your company;
- Home, billing or other physical address (including street name, city or town name, state/province, zip code, country);
- VAT-Number;
- (Business) E-mail address;
- (Mobile) Telephone number (MSISDN);
- For job applicants: education, work experience and interest in a job;
- Any other identification that allows SyncJob to contact you physically or online;
- Any information we collect and retain from you online in connection with your account, such as your username and password;
- Any information we collect and retain from you online relating to the use of our products, such as IP address, date and time of the request, time zone difference from Greenwich Mean Time (GMT), content of the request, access status/HTTP status code, amount of data transferred, website from which the request originated, browser, operating system and interface, language and version of browser software, location information, identification number of your device, device name, unique device number (IMEI = International Mobile Equipment Identity), unique network subscriber number (IMSI = International Mobile Subscriber Identity) and MAC address for WLAN use;
- Marketing preferences, including consents you have given us;
- Any other information you provide to us when you communicate with us.
- We also collect information about the use of our website through cookies. For more information, please see the “Cookies” section below.
- When we collect personal data directly from you, we indicate whether the provision of personal data is mandatory. This is the case when we need personal data to comply with legal or contractual obligations: if such data is not provided, we will not be able to manage our contractual relationship or fulfill our obligations. In all other cases, actively providing requested personal data is optional.
- The types of personal data collected include:
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For what purposes and on what legal basis do we use your personal data?
- We use your personal data for the following purposes:
- To establish and perform a contract with you or our customers’ contact person(s), such as when you or our customers’ contact person(s) make a purchase from us or download an application. This may include verifying your identity, taking payments, validating rides and accumulated points, sending reports on rides taken, communicating with you, providing customer service, or arranging other delivery of products or services;
- To enable our operations and pursue our legitimate interests. Specifically:
- We use your personal data to provide services you have requested, given your consent to, and to respond to comments or complaints you send us;
- We monitor the use of our products and services and use your personal data to help us monitor, improve and protect our products, content, services and websites to ensure the stability and security of our products;
- We may use your personal data to personalize our products or services for you;
- We may use your personal data to ensure network and information security, including preventing unauthorized access to electronic communication networks and stopping damage to computer and electronic communication systems;
- We may monitor any customer account to prevent, investigate and/or report fraud, terrorism, misrepresentation, security incidents or crime, in accordance with applicable laws and regulations;
- We may use your personal data for market research and marketing purposes;
- We may process data for administrative transfers within a group of companies.
- For components for which you have given your consent, you may withdraw that consent at any time (in the app or operating system settings or by emailing privacy@SyncJob.io). More information about how we have balanced our legitimate interests against your privacy interests can be obtained upon request at privacy@SyncJob.io.
- For compliance with applicable laws and regulations and protection of our legitimate business interests and legal rights, including, but not limited to, use in connection with legal claims, compliance, regulatory and investigative purposes (including disclosure of such information in connection with legal proceedings or litigation).
- In addition, based on your consent (if required), we will send you direct marketing communications regarding our relevant products and services or other products and services provided by us, our affiliates and carefully selected partners. You may withdraw your consent at any time, see the section “Data subjects’ rights” below. In the case of electronic direct marketing, you may opt out by following the instructions in the communication.
- Furthermore, you can use your name and email address to sign up for our newsletter or receive event invitations via the sign-up form on our website. You can unsubscribe from receiving emails at any time by following the instructions in the newsletters. If you are already a customer, we may contact you regarding relevant products or services in our legitimate interest to develop our business. We may do this via email or, if your email is registered on LinkedIn, connect with you on LinkedIn and/or send you messages on LinkedIn. If you are not already a customer of ours, we will only contact you, for example via email or LinkedIn, with offers or about our products or services if you have given us permission to do so. When we contact you via email in this context, you always have the option to unsubscribe at any time by contacting privacy@syncjob.io.
- You can also download content, for example white papers and research reports, from our website using the forms provided. We collect the data you enter on the form, including your name, company and e-mail address. We process the data you enter on this form for our legitimate interest in tracking who downloads our content.
- We use your personal data for the following purposes:
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Use of cookies
- In addition to the personal data mentioned above, the use of our web page(s) and the use of our products for various functions uses technical devices, in particular cookies, which may be stored on your device (e.g. computer or smartphone). Cookies and similar techniques are small text files or information in a database, which are stored in the device memory of your device and assigned to the product you are using. Cookies allow certain information to flow to the entity that sets the cookie. Cookies cannot run programs or transfer viruses to your device, but are mainly used to make the Internet offerings faster and more user-friendly.
- We use technically necessary cookies to achieve, facilitate and enhance the proper functioning of our website and products and improve the user experience. In addition, we use cookies to measure which web pages are visited, which features are used the most, to personalize content and advertisements, to provide social media features, and to analyze our traffic. This allows us to continuously improve these web pages to meet the needs of the visitors on our website. Furthermore, we share information about your use of our web page(s) with our partners, for example in the areas of social media, advertising and/or analytics. For more information, please see the Cookie Statement on our website.
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Social media buttons
- We may use plugins from social media networks, such as Facebook, LinkedIn and Twitter, on our web page(s) and in our products. You can recognize these plugins by their logos. We also use plugins for the embedded video players found on our web page(s). Our plugins do not collect any personal data from you unless you click on these logos or videos. When you click on them, these plugins are activated and automatically transmit data to the plugin provider.
- This means that when you surf our website, no personal data is initially collected by the providers of these social media plugins. It is only when you click on one of the plug-ins that your personal data is transmitted: by activating the plugin, data is automatically transmitted to the respective plugin provider and stored by them. We have no control over these parties, their sites or their privacy policies, and we have no influence over what data these providers collect from you or the extent of their data process.
- This privacy statement does not apply to external parties or external web spaces and any processing of personal data by parties outside SyncJob or its group companies is not covered by this privacy statement. If you want more information about their data processing, we recommend that you read the respective privacy policies on the websites of these providers, especially before providing (personal) data.
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Recipients of personal data
- We work with third parties to provide you with our website(s) and our products and services. Where necessary, we share your data with our service providers and professional consultants (e.g. in the areas of IT, CRM providers, logistics, telecommunications, sales and marketing). These third parties act exclusively on our behalf and are contractually obligated to comply with the provisions regarding the GDPR. When we share your data with these parties, we ensure that appropriate safeguards are in place to protect your information. For an overview of these third parties, please see the Cookie Statement on our website.
- Otherwise, we do not share your personal data with third parties or affiliated companies, unless we have your consent in accordance with Article 6(1)(a) AVG, when this is necessary in connection with the above purposes, with legal claims or when we are required to do so by law.
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Data transfer to third countries
We do not process data in countries outside the European Economic Area. However, we do cooperate with some sub-processors who (may) be based in a country or otherwise process personal data on a data server outside the European Economic Area. This is done only in accordance with applicable privacy laws and/or with European Commission approval, including the application of appropriate safeguards including – but not limited to – the Standard Contractual Clauses (the “SCCs”) and the European Commission’s EU-US Data Privacy Framework. In addition, an appropriate level of protection and security is ensured and the conditions of Chapter V of the GDPR are met. Upon request, this can be demonstrated in writing.
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Retention periods of personal data
- We store your personal data no longer than is strictly necessary to fulfill the purposes for which your data is collected. Your personal data will not be stored for longer than the duration of the use of our products and services or the contractual relationship related to our products. After that time, your personal data will be deleted.
- In addition, in the event of a legal dispute or impending legal dispute with you or in the event of other legal proceedings, the storage of your data may exceed the specified retention period.
- Legal requirements for the storage and deletion of personal data remain unaffected by this. When the retention period prescribed by legal provisions expires, personal data will be deleted unless further storage by us is necessary and there is a legal basis for this.
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Security of personal data
We maintain high security standards and take appropriate technical and organizational measures to ensure a risk-appropriate level of security in accordance with applicable laws and regulations. These measures are in line with the current, general state of technology, in particular to prevent the misuse, loss and/or unauthorized destruction, alteration, disclosure or access by third parties of personal data. Personal data can only be accessed by employees involved in the processing of personal data. Nevertheless, we are not liable if, despite the measures taken, third parties manage to gain unauthorized access to personal data. We would appreciate it if you report any security breaches or indications that your personal data is not properly secured or misused to our privacy officer at privacy@SyncJob.io.
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Rights of data subjects
- You have the following rights regarding your personal data to ask us:
- To obtain an overview and/or a copy of your personal data that we hold about you;
- To update or correct your personal data so that it is accurate;
- To remove your personal data from our files in certain circumstances;
- To restrict the processing of your personal data in certain circumstances;
- To transfer (some of) this data to other organizations.
- In addition, you have the right to object at any time, based on your specific situation, to the processing of your personal data, in particular when we do not need to process the data to fulfill a contractual or other legal obligation or when we use the data for direct marketing or profiling. For more information, see the complaint procedure on our website.
- Furthermore, you have the right to withdraw your consent at any time when we use your personal data with your consent. Please note that this does not affect the processing of your personal data prior to the withdrawal of your consent. To exercise the above rights, please send an e-mail to the Privacy Officer at privacy@syncjob.io. The Privacy Officer will then inform you of the steps to follow in accordance with our procedure. You will receive a confirmation email once your request has been granted.
- However, there are some exceptions to these rights, for example: it is not possible for us to delete your data if we are required by law to keep it or if we keep your data in connection with a contract with you. Access to your data may also be possible. Similarly, access to your data may be denied if making the information available would reveal personal information about another person or if we are prohibited by law from disclosing such information.
- You have the following rights regarding your personal data to ask us:
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Changes
We may edit this privacy statement from time to time to keep it up to date, to ensure that it does not contain errors, to keep pace with new developments and opportunities, to ensure that it contains appropriate and accurate information about your rights and our processing activities, and to remain in compliance with applicable laws and regulations. If we make significant changes to this privacy statement, we will notify you by posting a notice on the website along with an updated version of the privacy statement, by email or by asking for your consent again.
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Contact, questions and complaints
We hope we have answered your questions about the processing of your personal data. If you have any questions, concerns or complaints about how we process your data, please feel free to contact our privacy officer at privacy@SyncJob.io. For more information, see the complaint procedure on our website.