HS BRANDS EUROPE
Allgemeine Geschäftsbedingungen für Käufer
Artikel 1. Definitions
In these Conditions, words beginning with a capital letter are used. Those words shall have the meaning set out below, whether the words are used singly or plural.
1.1. HS Brands Europe: the private company with limited liability HS Brands Europe B. V., established in Naarden.
1.2. Mystery Shopper: The natural or legal person who has made himself available to HS Brands Europe to, if HS Brands Europe asks for it, perform Mystery Visits, Mystery Calls or Mystery E-mails.
1.3. Mystery Visit: a visit to a company designated by HS Brands Europe, to which Mystery Shopper makes a visit in order to perform actions as instructed by HS Brands Europe, such as purchasing products or services, asking for information or submitting one or more complaints.
1.4. Mystery Call: The making of one or more phone calls by Mystery Shopper to a company designated by HS Brands Europe to conduct interviews.
1.5. Mystery E-mail: The act of maintaining an e-mail exchange by Mystery Shopper with a company designated by HS Brands Europe.
Artikel 2. General
2.1. HS Brands Europe does not guarantee that the services of Mystery Shopper will always be used.
2.2. After a Mystery Visit, Mystery Call or Mystery E-mail HS Brands Europe will pay out the compensation within four (4) to six (6) weeks after the Mystery Visit, Mystery Call or Mystery E-mail on the account provided by Mystery Shopper.
2.3. HS Brands Europe is not responsible for any damage caused during a Mystery Visit.
2.4. Mystery Shopper is not employed by HS Brands Europe. Therefore there is no employment relationship between Mystery Shopper and HS Brands Europe.
2.5. Mystery Shopper is responsible for declaring his or her earnings to the tax authorities.
Artikel 3. Processing of personal data Mystery Shopper
3.1. HS Brands Europe processes personal data of Mystery Shopper for business purposes. These personal data are provided by Mystery Shopper during his/her online registration and are processed with care.
3.2. HS Brands Europe only requests and processes (personal) data from Mystery Shopper that is required for the (administrative, financial, fiscal) business operations of HS Brands Europe, namely: Name and address details and payment details including account number. The legal basis for HS Brands Europe to process this data is "performance of contract" and "legal obligation".
3.3. In principle HS Brands Europe does not share personal data as referred to above with third parties. However, HS Brands Europe does use software in which this personal data is processed. Some of the suppliers of this software are based abroad, for example in the United States, in which case HS Brands Europe ensures that the supplier is Privacy Shield certified or uses an EU model contract.
3.4. Personal data will only be passed on to third parties if this is necessary for the execution of the order, financial and fiscal management or HS Brands Europe is obliged to pass it on by virtue of a legal obligation, administrative or judicial decision.
3.5. The personal data of Mystery Shopper will be processed for the duration that Mystery Shopper is working for HS Brands Europe and 1 (one) year after termination of the cooperation. For personal data that is required for financial reporting and tax accountability a retention period of 5 (five) and 7 (seven) years respectively applies.
3.6. If a Mystery Shopper has not worked for a period of more than 1 (one) year and does not log in as a user, the personal data of Mystery Shopper will be destroyed, except for the data that is necessary for the financial and fiscal management of HS Brands Europe and for which the legal retention period mentioned in the previous paragraph applies.
3.7. Mystery Shopper has the right to view, correct, change or delete his personal data. Mystery Shopper can do this by sending a request to HS Brands Europe, after which HS Brands Europe will process the request according to the conditions of the General Data Protection Regulation.
3.8. HS Brands Europe hereby informs Mystery Shopper of his or her right to lodge a complaint with the Personal Data Authority about the processing of personal data by HS Brands Europe, if according to Mystery Shopper there is reason to do so.
3.9. Only those persons who are charged with the execution of the business of HS Brands Europe have access to the personal data which are necessary for the execution of his or her work.
3.10. HS Brands Europe will take appropriate technical and organisational measures to prevent loss and unlawful processing of personal data, taking into account the nature of the personal data to be protected, the risks involved in the processing, the state of the art and the costs of implementation.
3.11. This article shall be considered a privacy statement as referred to in Article 13 and/or 14 of the General Data Protection Regulation.
Artikel 4. Obligations Mystery Shopper
4.1. Mystery Shopper is obliged to execute Mystery Visits, Mystery Calls or Mystery E-mails according to instructions given by HS Brands Europe.
4.2. If the Mystery Visit, Mystery Call or Mystery E-mail is not performed according to instructions or not completely, HS Brands Europe is entitled to demand performance. In case fulfilment is not possible anymore, HS Brands Europe will not be charged for the Mystery Visit, Mystery Call or Mystery E-mail.
4.3. Mystery Shopper is obliged to report his observations within eight (8) hours to HS Brands Europe through the agreed method.
4.4. HS Brands Europe will check within 72 hours on working days if Mystery Shopper has fulfilled the above requirement. In case HS Brands Europe finds that data has not been (fully) entered, HS Brands Europe will immediately inform Mystery Shopper. In this case HS Brands Europe expects a response from Mystery Shopper immediately. If Mystery Shopper remains in default, HS Brands Europe reserves the right not to compensate Mystery Shopper.
4.5. Mystery Shopper is obliged to maintain an adequate internet connection at his own expense, so that he can actually fulfil the obligation mentioned in article 4.3and 4.4.
4.6. Mystery Shopper will not accept Mystery Visits, Mystery Calls or Mystery E-mails that could lead to a conflict of interest or affect the credibility and reliability of HS Brands Europe. This means that mystery shopper is in no way directly or indirectly linked to the company that will be visited, called or emailed by mystery shopper. All this on penalty of an immediately payable fine of € 10.000 (ten thousand euro) per violation, which is to be paid by Mystery Shopper to HS Brands Europe without judicial intervention. This does not affect the right of HS Brands Europe to claim compensation.
4.7. In the context of what is stated in article 2.3 it is recommended that Mystery Shopper is adequately insured and keeps insured. For example with a personal liability insurance (if Mystery Shopper is a private person) or a company liability insurance (if Mystery Shopper is a company).
4.8. Mystery Shopper is obliged to keep secret all confidential information which has come to him through written documents, words or behaviour and which he can reasonably know is of a confidential nature and can under no circumstances be disclosed to third parties.
4.9. In case of breach of the confidentiality obligation, the Mystery Shopper will be charged an immediately payable fine of € 2.000 (two thousand euros) to HS Brands Europe.
4.10. If and insofar as Mystery Shopper purchases goods within the framework of the Mystery Visit, Mystery Call or Mystery E-mail, Mystery Shopper shall keep these goods with due care and return them, including original receipts, to HS Brands Europe within the period set by HS Brands Europe. If the goods are not returned within the set period of time, HS Brands Europe will not be obliged to refund the costs of the purchase.
4.11. Mystery Shopper will never misappropriate goods. HS Brands Europe reserves the right to report theft. This is especially true if the goods have been purchased with HS Brands Europe funds.
4.12. In case Mystery Shopper is commissioned to conduct a Mystery Visit, Mystery Call or Mystery E-mail at companies in the tobacco sector or in the sector of alcoholic beverages, Mystery Shopper shall refrain from inciting consumers to use these products, even if the products are to be purchased by Mystery Shopper as part of the assignment. This article also applies accordingly to the sector of stimulants or other stimulants.
Artikel 5. Behaviour of Mystery Shopper around Mystery Visit, Mystery Call or Mystery E-mail.
Mystery Shopper guarantees that he or she:
5.1. will not dress too flashy during a Mystery Visit;
5.2. will behave in a relaxed manner during the Mystery Visit or Mystery Call;
5.3. will behave during a Mystery Visit, Mystery Call or Mystery E-mail as a regular customer, guest or patient;
5.4. will perform the Mystery Visit, Mystery Call or Mystery E-mail with the utmost care and integrity, and will provide maximum effort to that end;
5.5. will not make any unfriendly, unfair or subjective comments during a Mystery Visit or Mystery Call, and that comments are accurate and precise;
5.6. will not commit fraud, for example by behaving towards HS Brands Europe as if he or she had performed a Mystery Visit, Mystery Call or Mystery E-mail, when this is not the case;
5.7. perform all Mystery Visits, Mystery Calls or Mystery E-mails within the period specified by HS Brands Europe;
5.8. if HS Brands Europe so requests, immediately provide the requested information or answer questions;
5.9. HS Brands Europe will immediately inform you in case the Mystery Visit, Mystery Call or Mystery E-mail cannot take place (for example due to illness, if the location cannot be found, or if the branch to be visited is closed).
5.10. will respect the instructions as described in the manual or script;
5.11. remain polite, courteous and neutral in all circumstances, even if the instruction includes 'make a complaint';
5.12. will not cause an incident, and if an incident is likely to occur, he or she will immediately terminate the Mystery Visit or Mystery Call and record the name of the employee concerned;
5.13. will not fill in the questionnaire visibly on the shop floor, unless it is part of the manual or script;
5.14. will in no way show that he or she is a Mystery Shopper or that it concerns a Mystery Visit, Mystery Call or Mystery E-mail, even if asked;
5.15. will in no way, directly or indirectly, post information about a Mystery Visit, Mystery Call or Mystery E-mail on a social medium and/or on the internet in general.
5.16. will not contact the client of the assignment to HS Brands Europe (the client) in any way.
5.17. keep all documents obtained during the Mystery Visit (receipts, photos taken, brochures received etc.) for a period of six (6) months.
Artikel 6. Confidentiality and handling of (personal) data
6.1. Mystery Shopper will take all reasonable measures to ensure the confidentiality of information obtained or collected in respect of a person, company or entity.
6.2. Mystery Shopper acknowledges and understands that privacy is a fundamental right which needs to be protected. Therefore Mystery Shopper will always handle (personal) data with care and respect the authenticity, integrity and confidentiality of personal data which HS Brands Europe processes on behalf of and for its customers.
6.3. Mystery Shopper understands that (personal) data as defined in the General Data Protection Regulation means all information about an identified or identifiable natural person.
6.4. Mystery Shopper acquires and collects (personal) data on a need-to-know basis and takes the highest standards of care when handling and processing these data.
6.5. Within the framework of executing the agreed activities and services Mystery Shopper will only process (personal) data on behalf of and on the instructions of HS Brands Europe and in accordance with the processing purposes as described.
6.6. Mystery Shopper is not allowed to process more (personal) data than previously determined to be necessary for the execution of the agreed activities.
6.7. The data obtained from HS Brands Europe and/or client and the (personal) data to be processed by Mystery Shopper will not be passed on to third parties by Mystery Shopper, unless written permission has been given by HS Brands Europe, or is necessary for compliance with a legal obligation, to comply with a request from an authority, or to follow a court ruling.
6.8. Mystery Shopper is not allowed to process (personal) data for purposes other than those described and/or instructed by HS Brands Europe.
6.9. In case Mystery Shopper suspects a security incident and/or data breach, it needs to report this to HS Brands Europe as soon as possible - at least within 24 hours. This means that in case Mystery Shopper loses (personal) data obtained or collected, Mystery Shopper should inform HS Brands Europe as soon as possible and give all the information needed. Mystery Shopper is not allowed to communicate the incident or suspicion of a data leak to the HS Brands Europe customer or data controller.
6.10. Mystery Shopper will at all times strictly observe the confidentiality and obligations regarding the handling and processing of (personal) data as contained in this article and the applicable privacy legislation.
6.11. If and as far as it becomes apparent that HS Brands Europe needs to enter into a processing agreement with Mystery Shopper, as mentioned in article 28 of the General Data Protection Regulation, Mystery Shopper will cooperate.
Artikel 7. Non-compliance
If and insofar as Mystery Shopper fails to meet any obligation, including guarantees as mentioned in the previous paragraph, HS Brands Europe cannot be held responsible for paying the agreed remuneration for the Mystery Visit, Mystery Call or Mystery E-mail.