Terms of Use: Yorizon Online Questionnaires 

Article 1 Definitions 

Client: means the legal entity that enters into an agreement with Yorizon.  

Client-ID: Client-ID refers to a distinct code generated specifically for each client. This code, known as a Global Unique Identifier (GUID), is designed to accurately match clients with their respective questionnaires and enable access to the results via the online dashboard portal. 

Data: means all data, such as, but not limited to, Personal Data and survey results processed and generated with the Yorizon Online Questionnaire.  

Data Breaches: security incidents as described in article 34a of the Dutch Data Protection Act.  

Data Subject: a natural person as defined in article 1(f) of the Dutch Data Protection Act.  

Yorizon Online Questionnaire: The term ‘Yorizon Online Questionnaire’ refers to a digital product offered by Yorizon to its clients. This product allows the client to conduct one or more surveys within their organization by utilizing a predefined online questionnaire. The primary purpose of these surveys is to gather feedback from a specific group of respondents  

Dutch DPA: is the Dutch Data Protection Authority as described in article 51 of the Dutch Data Protection Act.  

IT End User: means an individual to which Client will send an invitation to fill in a survey created via the Yorizon Online Questionnaire.  

Personal Data: personal data within the meaning of the Dutch Data Protection Act, that is being processed through the use of Yorizon Online Questionnaire.  

User: means an individual to which Client provides the right to use the Yorizon Online Questionnaire.  

Yorizon: is Yorizon B.V., being the supplier of the Yorizon Online Questionnaire, having its registered seat at Van Nelleweg 1, 3044 BC, Rotterdam, the Netherlands and registered with the Dutch Chamber of Commerce under file number 24439287.  

Article 2 Applicability 

2.1 These terms and conditions apply to the use of the Yorizon Online Questionnaire by Client. Client must agree to these terms and conditions  prior to any use of the Yorizon Online Questionnaire. Any use of the Yorizon Online Questionnaire by Client implies acceptance by Client of these terms and conditions without any proviso.

Article 3 Right of use 

  1. Client has the right to access and use the Yorizon Online Questionnaire under the conditions set out in these terms and conditions. Client shall at all times respect all limitations and restrictions that are connected with the right to access and use the Yorizon Online Questionnaire.  
  1. Clients’ right to access and use the Yorizon Online Questionnaire and the costs related thereto will be based upon a fixed price.   
  1. After payment or ordering the Free Plan, Client has the right to access and use the Yorizon Online Questionnaire. A Client-ID will be created by Client to access the Yorizon Online Questionnaire. Client can then make use of the provided Yorizon Online Questionnaire questionnaire and supporting documents. 
  1. Client’s right to access and use the Yorizon Online Questionnaire is non-exclusive and may not be transferred, pledged or sublicensed.  
  1. Client shall at all times act carefully and not unlawful, including to third parties, in particular by respecting the intellectual property rights of third parties, respecting the privacy of third parties, not to distribute Data in conflict with any law and not to provide himself unauthorized access to the Yorizon Online Questionnaire. Use of the Yorizon Online Questionnaire may not be in conflict with these terms and conditions , law and morality.  
  1. The Yorizon Online Questionnaire is made available to Client ‘as is’. Yorizon will endeavor to ensure the proper functioning of the Yorizon Online Questionnaire. Yorizon does not guarantee that the Yorizon Online Questionnaire is free of errors and functions without interruptions. 
  1. Yorizon may temporarily put all or part of the Yorizon Online Questionnaire out of operation for preventive, corrective or adaptive maintenance or other forms of service. Yorizon can change the Yorizon Online Questionnaire at its own discretion. 
  1. Yorizon does not guarantee that the Yorizon Online Questionnaire shall be adapted to changes in relevant legislation and regulations.  
  1. Yorizon has the right, without any liability to Client thereto, to deny Client immediately without any notice all access to the Yorizon Online Questionnaire in case of a breach or threatened breach of any provisions of these terms and conditions by Client.  

Article 4 Data  

  1. Client is responsible for how he uses or interprets all Data that is being processed or generated through the use of the Yorizon Online Questionnaire.  
  1. Yorizon bears no responsibility for incorrect and/or negligent use of the Yorizon Online Questionnaire by Client, IT End Users or any third party. 
  1. Yorizon always has the right to take measures, including, but not limited to, removal of Data in order to avoid or limit liability to IT End Users, third parties or otherwise. If a problem arises with respect to Data, Client shall carry out any request by Yorizon in order to solve the problem. Client shall report any problem that arises with respect to the Yorizon Online Questionnaire or Data immediately to Yorizon.  

Article 5 Privacy 

5.1 When Personal End User Data is collected and utilized via the Yorizon Online Questionnaire, the Client assumes the roles of both ‘controller’ and ‘processor’ as defined by the Dutch Data Protection Act. It is the responsibility of all involved parties to consistently comply with the provisions of the Dutch Data Protection Act. 

5.2 Yorizon is not involved in determining the objectives and methods for processing Personal End User Data. As such, Yorizon does not make decisions regarding the usage, sharing, duration of storage, or any other management aspects of Personal End User Data. Ownership and control over Personal End User Data remain entirely with the Client. 

5.3 The Client will protect Yorizon from any expenses and third-party claims arising from the use of the Yorizon Online Questionnaire to process Personal End User Data, unless such claims are based on actions directly attributable to Yorizon. This indemnity covers, but is not limited to, claims made by the Dutch Data Protection Authority (DPA) and individuals whose data are being processed. 

5.5 Yorizon processes data exclusively on an aggregated level for benchmarking and statistical purposes. Yorizon ensures it does not access, store, or handle individual data such as email addresses or other personal information of the Client’s employees. This approach reinforces Yorizon’s commitment to privacy and compliance with data protection laws, by maintaining a strict separation from any personal data of end users within the client’s organization. 
 

Article 6 Security  

6.1 Under the Dutch Data Protection Act, the Client is required to adopt and maintain technical and organizational measures to protect Personal End User Data from loss or any unauthorized access. These measures are expected to meet high security standards appropriate for the protection of sensitive data. 

6.2 By adopting the Yorizon Online Questionnaire, which uses ISO 27001 certified survey tooling, the Client recognizes the commitment to the highest security standards. The Client is assured that, given the advanced security features, the costs of implementation, and the nature and scope of processing risks, the security posture adopted is appropriately robust. 

6.3 Yorizon is dedicated to implementing all reasonable efforts to ensure its security measures are in accordance with industry-best practices, guided by the Statement of Applicability ISMS standard. Yorizon is confident that its security strategies, reflecting the latest in technological advancements and mindful of cost-effectiveness, provide strong and dependable safeguards for the services it offers. 

6.4 The Client is responsible for securing their own data and ensuring that the infrastructure and systems used to access the Yorizon Online Questionnaire are protected against unauthorized access. This responsibility is a cornerstone in maintaining a secure operational environment for utilizing the questionnaire and managing the resultant data. 

6.5 The Client must refrain from altering, removing, or circumventing any security measures put in place to protect the Yorizon Online Questionnaire. The Client is also expected to promptly cooperate with any investigations carried out by or on behalf of Yorizon, aimed at verifying adherence to these terms and conditions. Furthermore, the Client is obligated to use the questionnaire links and reporting access solely for their intended purposes, safeguarding the confidentiality and security of the aggregated data presented through Yorizon’s online dashboard. It is the Client’s duty to ensure the secure management of these results, which are inherently designed to be non-identifiable to individual respondents, in line with the highest data privacy and security standards. 

Article 7 Security incidents and data breaches 

  1. According to article 34a Dutch Data Protection Act, Client as the ‘controller’, is obliged to report Data Breaches to the Dutch DPA, and in some cases, to notify the Data Subject.  
  1. To support Client in meeting its obligations to disclose Data Breaches, Yorizon and Client hereby agree that Yorizon will endeavor to inform Client as soon as possible by e-mail about relevant security incidents, as soon as Yorizon has discovered the aforementioned security incidents. 
  1. Reporting Data Breaches referred to in article 34a Dutch Data Protection Act will always  remain the responsibility of Client. Yorizon is never obliged to report Data Breaches to the Dutch DPA and/or a Data Subject.  
  1. Yorizon shall, whenever possible and appropriate, cooperate by supplying Client the necessary information in relation to the security incidents reported by Yorizon to Client. Yorizon may charge Client any additional costs made in this context.  
  1. An administrative fine, imposed on Client by the Dutch DPA, cannot be recovered from Yorizon, unless there is proof of intent or deliberate recklessness on the part of the management of Yorizon.  

Article 8 Confidentiality 

  1. Client and Yorizon must ensure that all information received from the other party that the receiving party know or should reasonably know is confidential is kept secret. Information shall in any case to be deemed confidential if it has been qualified as such by one of the parties. Provided Client ID’s to Client are confidential and will be treated as such by Client.  
  1. Client is liable for all damages resulting from a breach of this obligation regarding the confidentiality of the Client ID’s and damages resulting from loss, theft and malversation of these Client ID’s. Yorizon is entitled to change the assigned Client ID’s. Client is also liable for all damages resulting from any other breach of any security- and confidentiality obligation mentioned in these terms and conditions.  
  1. Client and Yorizon are required to maintain the confidentiality of the Personal Data which they have access to.  
  1. The confidentiality obligations described in this article shall not apply if and insofar disclosure of the confidential information, such as Personal End User Data and Client ID’s, is necessary to a third party pursuant to a court order, a legal regulation or an order from a government authority.  

Article 9 Client support  

9.1 Client is entitled to contact by e-mail Yorizon with questions about the Yorizon Online Questionnaire and for support regarding the use of the Yorizon Online Questionnaire. Yorizon is available during office hours: Monday to Friday from 9:00 AM until 5:30 PM (CET/Amsterdam time).  

9.2 Yorizon aims to answer all e-mails within 4 hours after receipt. Yorizon does not guarantee the accuracy, completeness or timeliness or replies by Yorizon.  

Article 10 Additional services 

10.1 Client may at all times ask for additional services, such as custom made surveys, for which Yorizon and Client shall draw up a separate agreement. 

 Article 11 Intellectual property 

11.1 All intellectual property rights to the Yorizon Online Questionnaire, are held exclusively by Yorizon, its licensors or its suppliers. All intellectual property rights to the survey results are held by Client Client acknowledges that Yorizon holds the aggregated survey results with the client ID attached for the purpose of benchmarking. By this acknowledgment, the Client provides Yorizon with a non-exclusive, perpetual, and irrevocable authorization to use these results for benchmarking purposes. This arrangement facilitates Yorizon’s ongoing efforts to deliver industry-wide insights and enhance benchmarking services 

11.2 Client’s right to use the Yorizon Online Questionnaire does only extend to the so called object code of the Yorizon Online Questionnaire. Client’s right to use does not extend to the source code of the Yorizon Online Questionnaire. Client is not allowed to directly or indirectly reverse engineer, disassemble or decompile the Yorizon Online Questionnaire. Client is also not allowed to remove or modify any designation regarding the confidential nature or concerning the copyrights, brands, trademarks, trade names or any other intellectual property right pertaining to the Yorizon Online Questionnaire, or have such designation removed or changed.  

Article 12 liability 

12.1 Yorizon endeavors to ensure the reliability and integrity of the online questionnaire platform. However, Yorizon’s liability in relation to the use of its platform and the interpretation of survey results is limited to circumstances where negligence or willful misconduct on the part of Yorizon is proven. 

12.2 The Client acknowledges that while Yorizon takes reasonable measures to secure and accurately process survey data, the nature of digital platforms inherently carries risks. The Client agrees that Yorizon cannot be held liable for indirect, incidental, or consequential damages arising from the use of the questionnaire platform or the interpretation of its results, except in cases of intentional misconduct or gross negligence by Yorizon. 

12.3 Both parties recognize the shared responsibility in ensuring the effective use of the questionnaire platform. The Client is responsible for the proper application of the survey within their organization and the secure handling of access to the survey results. Yorizon commits to providing a platform that meets industry standards for security and data integrity. 

12.4 In the spirit of partnership, Yorizon and the Client agree to engage in open and timely communication should any issues arise regarding the questionnaire platform or survey results. Both parties commit to working collaboratively to resolve such issues promptly, with a focus on minimizing impact and preventing future occurrences. 

Article 13 Price and payment 

13.1 All prices are exclusive of turnover tax (VAT) and other levies imposed by the government.  

13.2 The fees payable by Client for the right to access and the Yorizon Online Questionnaire will be due immediately after confirmation of the Order Form. This payment term is final. 

Article 14 Applicable law and disputes 

14.1 These terms and conditions are governed by the law of the Netherlands. 

14.2 Disputes between Yorizon and Client that relate to these terms and conditions and the use of the Yorizon Online Questionnaire by Client, will be submitted to the competent court in Rotterdam.  

Contact details

Yorizon B.V. 
Registered seat: Van Nelleweg 1, 3044 BC, Rotterdam, the Netherlands  
Correspondence address: PO Box 13033, 3004 HA Rotterdam, the Netherlands 
Website Yorizon: www.yorizongroup.com  
Email: communication@yorizongroup.com 
Chamber of Commerce number: 24439287 
VAT number: NL8196.76.342.B01