General terms and conditions WebinarGeek
Date: 1 September 2020
These are the general terms and conditions of WebinarGeek, located at Chroomstraat 12 in Zoetermeer and registered with the Chamber of Commerce under number 68420765.
These terms and conditions apply to every agreement that WebinarGeek concludes with its customers. In some cases, additional or different provisions apply to consumers. Where that is the case, this is clearly indicated.
The terms written in capital letters in these general conditions always have the meaning assigned to them (both singular and plural).
1.1. Account: user's personal account with which he or she gains access to the Service.
1.2. General Terms and Conditions: these terms and conditions.
1.3. Consumer: any natural person who does not act in the exercise of a profession or business, as referred to in Article 193a of Book 6 of the Dutch Civil Code.
1.4. Data: all data stored by the User through the Services, or provided by the User to WebinarGeek for processing using the Services.
1.5. Services: all services that WebinarGeek provides under the Agreement, including at least a SaaS solution for independently organizing webinars.
1.6. User: natural or legal person, whether or not acting in a professional or company that has registered on the Website and with whom WebinarGeek concludes the Agreement.
1.7. Intellectual Property Rights: intellectual property rights including but not limited to copyrights, database rights, domain names, trade name rights, trademark rights, design rights, neighboring rights, patent rights, as well as rights to know-how.
1.8. Materials: all websites, (web) applications, house styles, logos, brochures, brochures, leaflets, lettering, advertisements, marketing and / or communication plans, concepts, images, texts, sketches, documentation, advice, reports and (other) products from the spirit, as well as preparatory material thereof and the data carriers on which these materials are located.
1.9. Agreement: agreement between WebinarGeek and the User on the basis of which WebinarGeek will deliver the Service to the User and to which the General Terms and Conditions form an integral part.
1.10. Trial period: first 14-day period during which the User can use the Service free of charge and without obligation.
1.11. Confidential Information: non-public information that is related to one or both Parties and information for which a Party indicates that this information is confidential, or which, according to the nature of the information or under the circumstances under which the disclosure takes place, should be treated as confidential. Treated.
1.12. WebinarGeek: WebinarGeek B.V. located at Chroomstraat 12 in Zoetermeer and registered with the Chamber of Commerce under number 68420765.
1.13. Website: WebinarGeek website, accessible via the www.webinargeek.com domain, and associated subdomains.
2. Formation and interpretation of the Agreement
2.1. The General Terms and Conditions apply to all offers, including offers from WebinarGeek, the execution of work by or on behalf of WebinarGeek and the execution of (future) Agreements.
2.2. User can request the Services of WebinarGeek directly by creating an Account on the Website. The Agreement with the User is established through the complete completion of the online ordering process and the confirmation of the order by e-mail by WebinarGeek.
2.3. User can also request WebinarGeek to make a quotation or other written offer. In such a case, the Agreement is concluded at the moment that the User accepts WebinarGeek's offer.
2.4. The applicability of any purchase or other conditions of the User is explicitly excluded.
2.5. The application of article 227b paragraph 1 and 227c of book 6 of the Dutch Civil Code is excluded, unless the User has concluded the Agreement in the capacity of Consumer.
3. Implementation of the agreement
3.1. After the Agreement has been concluded, WebinarGeek will make every effort to start implementing the Agreement as soon as possible. The (delivery) periods announced by WebinarGeek are indicative and do not count as deadlines.
3.2. User will offer WebinarGeek all support that is reasonably necessary and desirable to enable a correct and timely delivery of the Services. In any case, the User will provide all information that WebinarGeek indicates to be necessary, or which the User must reasonably understand to be necessary for the performance of the Agreement.
3.3. WebinarGeek will endeavor to take into account requests from the User in the implementation of the Agreement. If a request from the User cannot be granted, WebinarGeek will explain why not.
3.4. WebinarGeek has the right to engage third parties for the implementation of the Agreement. If that is the case, then the conditions of the third party also apply to (the use of) those products and / or services. Any related costs will only be borne by the User if this has been agreed in advance.
4. Trial period
4.1. The Trial period gives the User free access to the Service from the moment the User activates the Trial period in the Account.
4.2. The Trial Period is intended to allow a new User to try out the WebinarGeek Service. WebinarGeek determines at its own discretion whether the User is eligible for the Trial Period and can limit the use and / or the conditions to prevent abuse of the Trial Period.
4.3. After the end of the Trial period, access to the Service ends automatically. To be able to use the Service even after the Trial Period, the User concludes an Agreement through the ordering process on the Website.
4.4. Data is stored in the User's Account for fourteen (14) days after the end of the Trial Period if the User does not enter into a new Agreement. If the User concludes a new Agreement, the Data is transferred.
5.1 The Service allows the User to easily record webinars. The Service is accessible by logging into the Account by the User.
5.2. To be able to use the Service, the User creates an Account by registering on the Website. The Account can be accessed by entering a self-chosen username and password.
5.3. An Account and the login details are strictly personal and may not be shared with another person. The user must keep the login details secret.
5.4. WebinarGeek may assume that everything that happens from the User's Account after registration with the associated user name and password, is done under the direction and supervision of the User. The user is therefore liable for all these actions.
5.5. In the event of a suspicion of misuse of the Service, the User must notify WebinarGeek without delay and the User must change the (login) data.
5.6. Communication about existing Agreements, changed or newly concluded via the Account, is sent to the email address linked to the Account. The user declares that the e-mail address provided by WebinarGeek is suitable for this communication and is solely under the control of the user. The User is obliged to immediately communicate any change in e-mail address or other relevant data (such as name, address or account number) via the Account.
6. Usage rules
6.1. User guarantees that the Services will not be used for activities that are in violation of any applicable laws or regulations. In addition, it is expressly prohibited (regardless of whether this is lawful or not) to offer or distribute Materials through the Services that:
6.1.1. contain malicious content (such as malware or other harmful software);
6.1.2. infringe the rights of third parties (such as Intellectual Property Rights), or be malicious, defamatory, insulting, discriminatory or hatred;
6.1.3. contain information about or may be helpful in violating the rights of third parties, such as hacking tools or explanation about computer crime;
6.1.4. contain hyperlinks, torrents or references with (locations of) Materials that infringe copyright or other intellectual property rights; or
6.1.5. contain child pornography, bestiality pornography or animations thereof or are apparently aimed at helping others to find such Materials.
6.2. In addition, it is prohibited to use the Service in such a way that inconvenience or nuisance is caused to third parties. This includes the use of your own scripts or programs or the excessive calling of the Service.
6.3. If WebinarGeek finds or has a reasonable suspicion that the User is infringing the above or legal provisions, or receives a complaint about this, she will warn the User. If this does not lead to an acceptable solution, WebinarGeek may intervene itself to end the violation. In urgent or serious cases, WebinarGeek can intervene without warning.
6.4. WebinarGeek can recover the damage as a result of violations of these rules of conduct from the User. The user indemnifies WebinarGeek against all third-party claims that relate to damage as a result of a violation of these user rules. If the User acts in the capacity of the Consumer, the aforementioned indemnity does not apply, but the User is fully liable in the cases in which this arises from applicable laws and regulations.
7. Notice and Takedown
7.1. If WebinarGeek is informed that, using the Services, Data is being stored or disseminated which infringes the rights of third parties, or otherwise acts unlawfully or in violation of the Agreement, WebinarGeek will, if possible, inform the User as soon as possible. making a complaint or violation. In urgent cases, WebinarGeek can intervene immediately (for example by deleting the Data or blocking the Service in whole or in part), but WebinarGeek makes every effort to inform the User afterwards. In exceptional cases, at WebinarGeek's judgment, WebinarGeek is not required to inform the User.
7.2. WebinarGeek is entitled to transfer the name, address and other identifying information of the User and / or the relevant User to a third party who complains that the User and / or the relevant User infringes his rights or the competent authorities, in the event that:
7.2.1 WebinarGeek is obliged to do so on the basis of applicable laws or regulations (such as in the case of an authorized court order); or
7.2.2. WebinarGeek is of the opinion that it is sufficiently plausible that User has acted unlawfully and has caused damage to the third party, the third party has a real interest in obtaining the data, WebinarGeek considers it plausible that there is no less drastic possibility to retrieve the data and the consideration of the interests involved means that the interests of the third party should prevail.
7.3. If there is potentially criminal Data, WebinarGeek is entitled to report this. WebinarGeek can hereby hand over the Data and all relevant information about the User to the competent authorities and perform all other actions requested by the authorities in the context of the investigation.
7.4. WebinarGeek, as an intermediary, is not liable for the Data that the User distributes by using the Service. The User indemnifies and will hold WebinarGeek harmless for any form of third party claim, indictment or dispute in connection with (the content of) the Data or information that is placed on or distributed by the User via the Service. If the User acts in the capacity of the Consumer, the aforementioned indemnity does not apply, but the User himself is responsible for the Data that the User distributes through the use of the Service and is fully liable in the cases in which this arises from applicable laws and regulations.
8.1.If the User has included an onboarding session, WebinarGeek will ensure that the onboarding takes place in accordance with what the Parties have agreed. During the onboarding the User will render all necessary cooperation and comply with reasonable requests from WebinarGeek.
8.2. The onboarding is performed on the basis of the applicable prices as stated on the Website.
8.3. The onboarding takes place on a location that is chosen by WebinarGeek. WebinarGeek is allowed to change the content, location and dates/times of the onboarding. The User will be notified of these changes not later than two (2) weeks before the start of the onboarding.
8.4. Cancellation of the onboarding by the User is exclusively possible if WebinarGeek has been notified in writing not later than two (2) weeks before the start of the onboarding.
8.5.In the case of cancellation any preparation costs will be charged.
9. Studio rental
9.1. WebinarGeek offers the User the possibility to rent a studio space including equipment. The rental period consists of the number of hours that have been reserved by the User. The rental period applies to at least one (1) hour. This includes any basic explanation, setting up of the equipment, persons and/or products.
9.2. The reservation is made through the contact option on the Website. The applicable costs can be found on the Website.
9.3.Cancellation of a studio space by the User is exclusively possible if WebinarGeek has been notified in writing not later than one (1) week before the start of rental period.
9.4.In the case of late cancellation, the User owes WebinarGeek the total sum.
10. Availability and maintenance
10.1. WebinarGeek strives to keep the Service available as much as possible, but gives no guarantees about this.
10.2. If, in the opinion of WebinarGeek, there is a risk to the functioning of the computer systems or network of WebinarGeek or third parties, for example in the case of a (d) dos attack or activities of malware, WebinarGeek has the right to take all measures that they deems it reasonably necessary to avert the danger and to limit or prevent damage. This can result in limited availability.
10.3. WebinarGeek strives to keep the software and firmware used up-to-date, but is partly dependent on its suppliers. WebinarGeek has the right not to install certain updates or upgrades if, in its opinion, this does not benefit the operation of the Services.
10.4. Performing updates and upgrades may cause WebinarGeek systems and networks to be temporarily unavailable or to a limited extent only available. WebinarGeek will endeavor to have maintenance work carried out as far as possible outside office hours and will endeavor to inform the User in good time about planned maintenance work if the User may be inconvenienced by this.
11. Help desk
11.1. WebinarGeek will offer a reasonable level of support to the User with general practical and technical questions related to the Services.
11.2. WebinarGeek makes general information about the Services available via the Website. If the information does not provide an answer to the question of the User, the User can contact the WebinarGeek help desk. The help desk is available on the Website via the chat function.
11.3. WebinarGeek strives to handle help desk requests within a reasonable period of time. However, the time required to resolve notifications can vary because the notifications can involve a variety of requests or issues.
12. Intellectual property rights
12.1. All Data remains the property of the User. WebinarGeek will not make any ownership claims on this. User provides WebinarGeek with a non-transferable and only to the extent necessary for the performance of the Agreement a sublicensable license to use the Data for the duration of the Agreement, to the extent necessary for the provision of the Services.
12.2. All Intellectual Property Rights on the Services and Materials made available to the User by WebinarGeek in the context of the Agreement rest with WebinarGeek or its licensors.
12.3. User receives from WebinarGeek the non-exclusive, non-transferable user rights with regard to the Service insofar as they result from the Agreement or which have been otherwise granted in writing. The rights of use apply for the duration of the Agreement.
12.4. User is not entitled to make changes to the Materials and has no right to access or a copy of the source files of any software made available by WebinarGeek. It is also expressly not permitted to retrieve these source files by means of reverse engineering, decompilation or otherwise, except to the extent permitted by mandatory law.
12.5. WebinarGeek can take (technical) measures to protect the Materials. If WebinarGeek has taken such security measures, the User is not allowed to evade or remove this security.
12.6. The User is not permitted to remove or change any indication of copyright, brands, trade names or other Intellectual Property Rights from the Materials.
13. Liability and force majeure
13.1. The liability of WebinarGeek for damage as a result of a shortcoming in the fulfillment of the Agreement, an unlawful act or otherwise, is limited per event (in which a series of consecutive events counts as one event) to the amount, exclusive of VAT, that the User charges on under the Agreement is due over a period of six (6) months prior to the occurrence of the damage.
13.2. WebinarGeek is only liable for direct damage as a result of an attributable failure to comply with the Agreement. Direct damage is exclusively understood to mean all damage consisting of:
13.2.1. damage directly caused to material things ("property damage");
13.2.2. costs for ending and limiting a data breach;
13.2.3. costs for repair work to prevent data loss and / or further breaches of integrity;
13.2.4. reasonable and demonstrable costs that the User has had to incur to urge WebinarGeek to (properly) comply with the Agreement;
13.2.5. reasonable costs to determine the cause and extent of the damage insofar as it relates to direct damage as referred to here;
13.2.6. reasonable and demonstrable costs incurred by the User to prevent or limit the direct damage as referred to in this article;
13.2.7. reasonable and demonstrable costs incurred by the User to ensure that the performance complies with the Agreement.
13.3. WebinarGeek is not liable for other damage.
13.4. Any limitation or exclusion of liability included in the Agreement does not apply if the damage is the result of (1) intent or recklessness on the part of WebinarGeek's management, or (2) death or personal injury.
13.5. A limitation of liability included in the Agreement does not apply if the User has entered into the Agreement in the capacity of the Consumer, unless and insofar as the limitation, in view of the content of the Agreement and the mutual recognizable interests of the Parties, is not unreasonably onerous.
13.6. WebinarGeek cannot be held to fulfill any obligation under the Agreement if compliance is prevented as a result of force majeure. WebinarGeek can also not be held liable for any damage that results from this.
13.7. Force majeure exists in any case in the event of power outages, internet outages, disruptions in the telecommunication infrastructure, network attacks (including (d) dos attacks), attacks of malware or other malicious software, domestic riots, mobilization, war, terror, strikes, in and export barriers, stagnation in supply, fire and floods.
13.8. If a force majeure situation has lasted longer than 90 days, both Parties have the right to terminate the Agreement immediately in writing, without any obligation to undo.
14. Privacy and security
14.1. WebinarGeek will make every effort to secure the Service against misuse and unauthorized access to user data.
14.2. In the implementation of the Agreement, WebinarGeek processes personal data on behalf of the User, whereby the User can be regarded as the controller and WebinarGeek as the processor. Agreements about processing and security are laid down in the appendix "Processing of personal data" to these General Terms and Conditions. The appendix is an integral part of these General Terms and Conditions, unless the User has concluded the Agreement in the capacity of the Consumer. Information about how WebinarGeek then handles the personal data of Users can be found in the privacy statement.
15.1. Both Parties will keep Confidential Information strictly confidential and only use it to the extent that this is necessary for the implementation of the Agreement. Parties also impose this obligation on their employees and on third parties engaged by them for the implementation of the Agreement.
15.2. The receiving Party ensures that Confidential Information receives the same level of protection against unauthorized access or use as its own Confidential Information, but at least a reasonable level of protection.
16. Price and payment terms
16.1. A monthly fee is charged for using the Service, as specified on the Website.
16.2. WebinarGeek will send an invoice for all amounts owed and is thereby entitled to invoice in advance and electronically. If the User objects to (the amount of) an invoice, this does not suspend the payment obligation, unless the User has concluded the Agreement in the capacity of the Consumer.
16.3. A payment period of 14 days applies to all invoices, unless the invoice states a different payment term or a different term has been agreed in writing.
16.4. If an invoice is not paid within the payment term, WebinarGeek will send a payment reminder to the User with the request to settle the invoice within 7 days. After this, WebinarGeek will send a second payment reminder to the User with the request to pay the invoice within 5 days. If payment is again not made, the following applies:
16.4.1. WebinarGeek is entitled to suspend the delivery of the Services in whole or in part, without being liable for any damage that User may suffer as a result;
16.4.2 The user, in addition to the amount due and the statutory interest for commercial transactions appearing on it, is obliged to fully reimburse extrajudicial and judicial collection costs, including the costs for lawyers, lawyers, bailiffs and collection agencies.
16.5. The provisions of Article 14.4 under a do not apply if the User has concluded the Agreement in the capacity of the Consumer. In that case WebinarGeek can (after sending the payment reminder) charge legal collection costs to the User in accordance with the Reimbursement for extrajudicial collection costs Decree.
16.6. All claims of WebinarGeek are immediately due and payable if the User is declared bankrupt, the User requests or is granted a suspension of payment, the activities of the User are terminated or his business is liquidated.
16.7. All prices stated by WebinarGeek are in euros and include VAT and other levies imposed by the government.
17. Duration and end of agreement
17.1. The duration of the Agreement is laid down in the Agreement. If a duration is not included, a duration agreement applies that it is entered into for the duration of one (1) year and that it is tacitly renewed for the same period each time.
17.2. The Agreement can be terminated by the User at any time with a notice period of one month.
17.3. WebinarGeek can immediately suspend or terminate the Agreement in writing, without a notice of default being required for this, if the User is in default with regard to a substantial obligation under the Agreement, the User is applying for bankruptcy or is declared bankrupt, the User is applying for a suspension of payment or suspension of payment is granted to the User, or the activities of the User are terminated or the business of the User is liquidated.
17.4. In the event of termination of the Agreement, all claims of WebinarGeek against the User become immediately due and payable. In the event of termination of the Agreement, invoiced amounts will remain due and there will be no obligation to cancel. User may only terminate the part of the Agreement that has not yet been performed by WebinarGeek.
17.5. The provisions of paragraphs 3 and 4 do not apply if the User has entered into the Agreement in the capacity of Consumer.
18. Backup and exit
18.1. Only if this has been explicitly agreed in the Agreement, WebinarGeek will regularly make backup copies (back-ups) of Data stored by the User on WebinarGeek's systems, and make this available to the User on request, for a fee.
18.2. Back-up copies may be destroyed at any time after termination or termination of the Agreement. It is the responsibility of the User to request a backup of the Data at the end of the Trial Period, termination or termination of the Agreement.
18.3. WebinarGeek will in the event of a legal termination of the Agreement at the request of the User, the request of which must be submitted before or at the termination, endeavor to lend cooperation to enable the transfer of Data to another service provider. The foregoing is limited at all times to the options offered by WebinarGeek. All costs of the transfer to another service provider will also be borne by the User.
19. Other provisions
19.1. Any complaints about the services of WebinarGeek can be made known by the User to WebinarGeek via the regular User Support channels.
19.2. Unless mandatory law provides otherwise, Dutch law applies to the Agreement and all disputes between the Parties in connection with the Agreement will be submitted to the competent
19.3. Dutch court for the district where WebinarGeek is located. If the Party is a Consumer, the court in the district where the Consumer resides is also competent. WebinarGeek has the right to unilaterally change or supplement the Agreement. WebinarGeek will announce the change or addition to the User at least 30 days prior to entry into force. The User can immediately terminate the Agreement until the date on which the change takes effect.
19.4. If a provision from the Agreement proves to be invalid or otherwise invalid, this does not affect the validity of the entire Agreement. The parties will in this case replace (a) new provision (s), which give shape to the intention of the original provision as much as possible in law.
19.5. User only has the right to transfer his rights and obligations from the Agreement to a third party with written permission from WebinarGeek. This also explicitly applies in the case of a merger or acquisition.
19.6. WebinarGeek has the right to transfer all or part of its rights and obligations under the Agreement to a parent, sister, and / or subsidiary or to a third party in the event of a merger or acquisition. WebinarGeek will inform the User of this in advance. If User has entered into the Agreement in the capacity of Consumer, User has the right to terminate the Agreement in such a case.
Appendix 1: Processing agreement
This Processor Agreement describes the conditions for the processing of Personal Data. All definitions as described in the General Terms and Conditions of WebinarGeek have the same meaning in this appendix, both in the singular and in the plural. The General Terms and Conditions of WebinarGeek apply fully to this Processor Agreement.
1.1 The term “GDPR” in this Processor Agreement is understood to mean the General Data Protection Regulation and all laws and regulations that may replace this law in the future.
1.2. Terms defined in the GDPR have the same definition in this Processor Agreement, unless a different definition is provided here.
1.3. The Client is designated as a Data Controller in the sense of Article 4, paragraph 7 of the GDPR.
1.4. WebinarGeek is regarded as a Processor within the meaning of article 4, paragraph 8 of the GDPR.
1.5. The term "Personal data" is understood to mean Personal data that relates to the Data Controller or his staff, customers and / or other relations.
1.6. The term "Sub-processor" is understood to mean a legal person or person, not being a member of the Processor's staff, who has been engaged by or on behalf of the Processor for the processing of Personal Data in connection with the delivery of Services by the Processor to the Controller , whereby the (legal) person involved can receive Personal Data or access to Personal Data.
2. Purposes of processing
2.1. WebinarGeek undertakes to process Personal Data under the conditions of this Processor Agreement on behalf of the Customer.
2.2. The processing of Personal Data will only take place in the context of the implementation of the Agreement, plus the purposes that are reasonably related to it. WebinarGeek processes the Personal Data with the aim of facilitating the possibility for the Client to independently organize webinars with smart software.
2.3. WebinarGeek will not process the Personal Data for any purpose other than as determined by the Customer. The Client will inform WebinarGeek of the processing purposes insofar as these have not already been mentioned in this Processor Agreement. WebinarGeek is permitted to process data in anonymous form for quality purposes, such as conducting statistical research into the quality of its services.
2.4. WebinarGeek does not make independent decisions about the processing of Personal Data for other purposes, including the provision thereof to third parties and the duration of data storage. The control over Personal Data provided to WebinarGeek in the context of this Processor Agreement or other agreements between Parties, as well as the data processed by Processor in that context, rests with the Customer.
2.5. The Personal Data processed by WebinarGeek and the categories of data subjects to whom the data relate are specified in the Personal Data Overview that is attached to the Processing Agreement.
3. Obligations of WebinarGeek
3.1. WebinarGeek will process the Personal Data in a proper and careful manner with due observance of its obligations under the GMS and other applicable regulations regarding the processing of Personal Data.
3.2. The obligations of WebinarGeek arising from this Processor Agreement also apply to those who process Personal Data under the authority of WebinarGeek, including employees in the broadest sense of the word.
3.3. WebinarGeek will support the Customer in complying with the obligations of the Customer under articles 32 up to and including 36 of the GDPR, such as supporting the performance of a Data Protection Impact Assessment (also known as “DPIA”), should this be necessary . WebinarGeek may charge costs for the cooperation provided, based on the usual hourly rates of WebinarGeek.
3.4. WebinarGeek will keep a register of the processing activities that it performs under this Processor Agreement in accordance with Article 30 of the GDPR.
3.5. WebinarGeek will inform the Customer as soon as possible if a processing or instruction from the Customer is in his opinion contrary to the regulations referred to in paragraph 1.
4. Transfer of Personal Data
4.1. WebinarGeek may process the Personal Data in countries within and outside the European Economic Area (EEA), provided that the Sub-processors in these third countries guarantee an adequate level of protection as referred to in Chapter V of the GDPR.
4.2. The Client hereby authorizes WebinarGeek to, where necessary, in its name a model contract for transfer from a Controller established within the European Union to a processor in a third country in accordance with the Commission Decision of 5 February 2010 (2010/87 / EU).
4.3. WebinarGeek will inform the Customer prior to processing outside the EEA to which third country or to which third countries the personal data will be transferred, unless applicable legislation prohibits this notification.
5. Division of responsibility
5.1. WebinarGeek provides Software that can be used by the Customer for the storage of Personal Data. The Client guarantees that there is a legal basis for the storage of Personal Data via the Software.
5.2. WebinarGeek is only responsible for the processing of the Personal Data under this Processor Agreement, in accordance with the instructions of the Customer and under the explicit (final) responsibility of the Customer.
5.3. The Client guarantees that the content, use and instruction to process the Personal Data as referred to in this Processor Agreement are not unlawful and do not infringe any rights of third parties.
6. Enable Sub-processors
6.1. WebinarGeek can use Sub-processors for the processing of Personal Data. The Client grants WebinarGeek specific permission to about the intention of WebinarGeek to use a new Sub-processors.
6.2. The Client has the right to object in writing within 14 days, stating reasons, against the engagement of third parties by WebinarGeek if there are good reasons to do so. In that case, the parties will consult to come to a joint solution.
6.3. WebinarGeek will provide the Customer with a list of third parties engaged via the Website. WebinarGeek will update the list on the Website and inform the Customer of this if there is a change in the third party engaged by WebinarGeek.
6.4. If the Parties cannot reach an agreement to engage the Sub-processor, WebinarGeek is entitled to engage the Sub-processor and the Customer is entitled to cancel the Agreement on the date the new Sub-processor is switched on.
6.5. If the Customer does not object to the use of a new Sub-processor within 14 days after the announcement, the Customer is deemed to agree to the switching on of the new Sub-processor.
6.6. WebinarGeek ensures that Sub-processors assume similar obligations in writing as have been agreed between WebinarGeek and the Customer.
6.7. WebinarGeek will provide the Customer with a list of engaged third parties via the Website. WebinarGeek will update the list on the Website in accordance with this article.
7.1. Taking into account the state of the technique, the implementation costs, as well as the nature, the scope, the context and the processing purposes and the risks in terms of likelihood and seriousness of the rights and freedoms of persons that differ, WebinarGeek takes appropriate technical and organizational measures to ensure a level of risk-matched security, in accordance with Article 32 of the GDPR.
7.2. WebinarGeek will periodically evaluate the Information Security Policy and adjust it if necessary.
7.3. Parties will immediately inform each other of alleged vulnerabilities in the security of the other Party.
7.4. The Customer only makes Personal Data available to WebinarGeek if he has assured himself that the required security measures have been taken.
8. Infringement in connection with Personal Data
8.1. The Client is at all times responsible for reporting an Infringement in connection with Personal Data (also known as “Data Leak”) to the regulator and those involved. To enable the Customer to comply with this legal obligation, WebinarGeek informs the Customer of the Data Leak without unreasonable delay.
8.2. When reporting a Data breach to the Customer, WebinarGeek will, in so far as this information is available, at least provide the following information to the Customer:
8.2.1. the nature of the Data breach, where possible stating the categories of data subjects and Personal data in question and, approximately, the number of data subjects and Personal data concerned;
8.2.2 the name and contact details of the data protection officer or other contact point where more information can be obtained;
8.2.3. the likely consequences of the Data breach;
8.2.4. the measures that WebinarGeek proposes or has taken to tackle the Data breach, including, where appropriate, the measures to limit any adverse consequences thereof.
9. Processing requests from stakeholders
9.1. In the event that a data subject submits a request to WebinarGeek to exercise his / her legal rights (as referred to in Articles 15 to 22 of the GDPR), WebinarGeek will forward the request to the Customer. The Client will further process the request independently. WebinarGeek may inform the data subject that the request has been forwarded to the Customer.
9.2. In the event that a person concerned submits a request to the Client for the exercise of one of his legal rights, WebinarGeek will, if the Client so requests, cooperate in the implementation thereof. The parties are to bear their own costs.
10.1. The Client has the right to have audits carried out by an independent auditor who is bound by confidentiality, to check compliance with the agreements in this Processor Agreement.
10.2. The audit will only take place after the Client has requested, assessed and submitted reasonable arguments that justify an audit initiated by the Client at WebinarGeek. An audit is justified if the audit reports present provide no or insufficient information about compliance with this Processor Agreement or the GDPR.
10.3. The audit initiated by the Client only takes place if there is a concrete and written suspicion of misuse of Personal Data, and not earlier than four weeks after the previous announcement.
10.4. WebinarGeek will cooperate with the audit and make all information reasonably relevant to the audit and its staff available for the audit.
10.5. The findings of the audit will be assessed by the Parties in consultation. As a result, changes will or will not be implemented by one of the Parties or by both Parties jointly.
10.6. The costs of the audit are borne by WebinarGeek if it appears that work has not been carried out in accordance with the Processor Agreement, and / or errors are found in the findings, which must be attributed to WebinarGeek. In all other cases, the Customer must bear its own costs.
Annex 1: Specification of personal data
WebinarGeek processes the following types of Personal Data for the benefit of the Client:
All Personal Data provided to WebinarGeek via input fields to be defined by the Customer
These processing operations relate to the following categories of data subjects:
Persons who wish to participate in webinars organized by the Client.