October 2001 , ECP.NL 20

General

Announcement

We, Success Tools V.O.F., shall announce to the extent possible in an appropriate manner for doing electronically business that we endorse and observe this code of behaviour.

Definitions:

In this code of behaviour following notions have the following meaning:
1. electronically doing business: the whole of activities, communications and transactions, with a commercial objective or background, which are carried out electronically;
2. opposite party: where in this code of behaviour ‘opposite party’ is mentioned, this shall also mean the potential opposite party, as well as other addressees or persons/organisations with whom we are doing electronically business

Scope of the code of behaviour for electronically doing business

Unless explicitly stated otherwise the code of behaviour shall apply in its entirety to the whole of our electronic business.

Specific aspects with respect to consumers

We shall ensure that within 14 days wishes, questions and problems of consumers with respect to our goods and/or services will be responded to and that these will be immediately handled adequately. If a consumer has placed an electronic order at us we will confirm the receipt thereof electronically as soon as possible.


Reliability

Reliable information

We shall ensure to the extent possible that all information originating from us, including information about our organisation, forms of cooperation, products and services that we make available by means of electronically doing business is correct and complete in regard to contents.

Acknowledgement electronic communication

If we receive information electronically, we will not deprive it of its validity, legal effect and/or enforceability on account of the mere fact that the information is electronic and we have not received the information (also) in hard copy.
This means amongst others that if by means of electronic communication it is argued that an agreement has been achieved, we will not deny the effecting of such an agreement on account of the mere fact that we have not sent or received the offer/the acceptance (also) in hard copy.
If electronic information is brought as evidence into (judicial) proceedings we shall furthermore not appeal to the fact that this information delivers insufficient evidence on account of the mere fact that the information is electronic has not (also) been made available to us in hard copy.

Reliable systems and organisation

We shall make every effort to shape and set up our organisation and our systems in a reliable way when doing electronically business. Insofar as possible we shall use hereby generic and accessible standards.
This means that we shall ensure amongst others that our electronically doing business fits in such a way within our organisation and that our information and communication systems have been set up in such a way that any obligations electronically entered into or promises made will also be honoured by us. We shall also ensure that information and communication systems are sufficiently available and durable in order to offer our services and/or products adequately in accordance with applicable rules and legislation, contractual obligations and generally accepted standards.

Electronic signatures

We shall timely, clearly and in a way that is accessible to the opposite party indicate which forms and techniques of electronic signature we accept and/or use on the ground of which these electronic signature is put on a par with a written signature. We shall ensure that at using an electronic signature it can be verified in a reliable way. Third parties which we could call in thereby must be demonstrably meet the independently established quality demands.
The user of an electronic signature shall be responsible for the careful handling and confidentiality of codes and/or keys.


Transparency

Optimal transparency of information

We will do our utmost to have the opposite party dispose of all relevant information with respect to the contents and conditions for a certain (intended) electronic transaction, taking into account the way of doing business electronically. Taking into account the way of doing business electronically and before an agreement is effected we shall in any case furnish the following information at which we shall also indicate in what way this information is furnished:

A. Identity of Provider

1. identity and address/place of establishment, number of registration in the Trade Register and the VAT number, if any;
2. the telephone number, the address via which one can communicate electronically, and the visiting address (of the branch office) where the complaint can be lodged;
3. when the activities are subjected to a licence system, the particulars of the competent supervising authority;
4. in case it concerns a regulated appeal, (i) information about the professional association or body where we are registered, (ii) the appeal title and the member state of the European Union where this has been assigned, and (iii) a reference to the applicable professional rules and the manner of access thereto;
5. the codes of behaviour endorsed by us and the way in which those codes can be consulted electronically;

B. The transaction process

6. the various technical steps to eventually enter into the contract;
7. a definite answer to the question whether the contract entered into will be filed by us or must be accessible;
8. the technical means with which entry errors can be traced and corrected before the agreement is achieved;
9. the languages in which the agreement can be entered into;
10. the duration of validity of the offer or the price;
11. information about the periods in which the products will be delivered or the services will be furnished;
12. or, when and in what way a confirmation of receipt will be sent for the transactions concerned;
13. insofar as applicable, if a remote purchase serves the periodic or continuous delivery of products or services, the minimal duration of the agreement and the requirements for cancelling the agreement;
14. the manner of billing, payment, delivery or execution of a remote purchase;
15. or and in what way the opposite party may return the ordered products if these do not meet the agreement and information about refund, if any, of the purchase price;
16. whether or not the possibility being applicable for the opposite party to dissolve the agreement and the requirements to use this right;

C. Prices and other information with respect to the products or services offered

17. the most important characteristics of the offered products or services;
18. the price of the offered products or services including taxes;
19. other additional costs and obligations, if any, such as special communication rates, insurances, expense allowances etc., and for whose account these will be;
20. relevant information, if any, about the certification of the offered products or services; as well as information about the body from whom such a qualification has been obtained;

D. The applicable conditions

21. the contents of the agreement with applicable general terms and conditions;
22. the other guarantees, if any, applicable;
23. which law applies;
24. which possibilities there are for settling disputes.

Recognisable advertising

Our advertisements made available and/or distributed will always be recognisable as advertisement and as originating from us. If we make electronically advertisements of others available and/or distribute the same, we shall ensure that these expressions can be recognised and be traced back to others. If we are using offers such as discounts, premiums or gifts in relation to the products offered by us, these offers will be clearly recognisable as such. We shall also make the conditions to be able to use these offers clearly and unambiguously known. If we are using games in relation to the products offered by us, these games will be distinguishable as such. We will also state the participant conditions clearly and unambiguously.

Opt-out:

If a receiver of our advertisements, which we are sending electronically, notifies us or a third party designated by us explicitly that he no longer wants to receive said advertisements, we shall respect his wish. In our advertisements we shall indicate in what way this can be effected simply and quickly.

Opt-in:

We shall not send any advertisements electronically, unless the person to whom these advertisements are directed has announced in advance that he wants to receive these advertisements. We shall indicate in what way that can be effected simply and quickly.


Confidentiality and Privacy

Privacy

Proper privacy care is an essential element of our relation management and our privacy policy is therefore clearly made known. We will process personal details in accordance with the law and in a decent and careful way, which means amongst others that:
1. we collect personal details for well determined, explicitly described and justified objectives;
2. we consider personal details as confidential information and that these will only be processed in the scope of our normal operating of business, insofar as legally permitted, including in any case:
a) the opposite party has granted his unambiguous permission, or insofar as legally required has given his explicit consent; or
b) insofar the processing is necessary to carry out the agreement entered into or to be entered into with the Provider; or
c) the processing of data is necessary to observe a legal obligation to which the person responsible is subjected; or
d) the processing of data is necessary for looking after the justified interest of the person responsible or of a third party to whom the data are furnished, unless the interest or the fundamental rights and freedom of the opposite party, in particular the right to protection of personal privacy, prevails;
3. personal particulars shall not be further processed in a manner that is incompatible with the objectives for which they have been obtained;
4. unless on the ground of legal provisions we are compelled to do so, we shall not keep personal details any longer than necessary for the objectives for which they were collected;
5. personal details shall only be processed insofar they, in view of the objectives for which they were collected or then are processed, they are sufficient, useful and not excessive, and that we shall take the necessary measures so that personal details are correct and accurate;
6. we shall take suitable technical and organisational measures to secure the personal details against loss or against any form of unlawful processing;
7. unless he is already informed, we shall notify the opposite party in time about our identity and the objective of the processing, and shall furnish amongst others further information to guarantee a proper and careful processing;
8. we shall honour requests of the opposite party for inspection or corrections of their details, provided these are made with reasonable intervals;
9. if on request of the opposite party we have corrected, supplemented or removed personal details, we shall inform third parties to whom we might have furnished these data as soon as possible about the correction, supplementation or removal, unless this appears to be impossible or will take a disproportionate effort.

Confidential information

If we receive information from an opposite party or from third parties of which we reasonably know or could know that this must be treated confidentially, we shall ensure that for the information and communication systems falling under our responsibility adequate measures are taken to guarantee this confidentiality. Insofar as possible for us we shall indicate whether there are special risks for maintaining the confidentiality attached to sending and/or receiving information.

Intellectual property rights

We respect the intellectual property rights of third parties. If at doing business electronically we offer information, products and/or services of third parties, we shall explicitly state so and we shall take efforts within the limits of reason that these intellectual property rights are respected and any obligations resulting from this are properly observed. If we take cognisance of infringement on such rights, we shall inform the person involved insofar reasonably possible.