Terms and Conditions and Data Processing Agreement Book2Gather

This document outlines the agreements that you as a customer (hereinafter referred to as the 'Customer') enter into with Book2Gather for the use of Book2Gather's services. This document consists of:

Part I: General Terms and Conditions

Definitions

  • In these General Terms and Conditions, the following terms have the following meanings:

    • Services

    all services provided or to be provided by or on behalf of Book2Gather in any way, including SaaS Services and Other Services;

    Customer

    any natural or legal person with whom Book2Gather intends to, enters into, or has entered into a legal relationship (including users of the Trial Account referred to in Article 2);

    Supplier

    any licensor, subcontractor, and/or other supplier of Book2Gather;

    Agreement

    any agreement and/or other legal relationship between the Parties regarding the provision of Services and related matters;

    Other Services

    all services of any kind to be provided by and/or on behalf of Book2Gather to the Customer, other than SaaS Services;

    Parties, respectively Party

    Customer and/or Book2Gather;

    SaaS Services

    all Software-as-a-Service (SaaS) services and related services provided or to be provided by or on behalf of Book2Gather via the internet to the Customer;

    Book2Gather

    Book2Gather, a sole proprietorship based in Deventer, registered with the Chamber of Commerce under number 81037236, or any other entity that intends to, enters into, or has entered into any legal relationship with the Customer and has declared these General Terms and Conditions applicable to that legal relationship;

    Fee

    the fee(s) owed by the Customer to Book2Gather as consideration under the Agreement or as described in these General Terms and Conditions;

    Business Day

    a calendar day from 09:00 to 18:00, excluding weekends and officially recognized public holidays in the Netherlands.

  1. General Terms and Conditions, Formation, and Duration of the Agreement
  1. The General Terms and Conditions apply to all Agreements. Any deviating general terms and conditions, including those of the Customer, are expressly rejected. Deviations from these General Terms and Conditions can only be made explicitly and in writing between the Parties. If the Agreement includes a provision that conflicts with the General Terms and Conditions, that provision takes precedence over the General Terms and Conditions.
  1. The Agreement between the Customer and Book2Gather is established through online registration via the Book2Gather website, where the Customer can create an account and subscribe to a plan.
  1. Notwithstanding the provisions of Article 10 of the General Terms and Conditions, the Customer may not terminate an Agreement entered into for a specific term before its expiration. The Customer must terminate the Agreement at least one (1) month before the end of the specified term in writing. If the Customer does not terminate the Agreement at least one (1) month before the end of the specified term, the Agreement will automatically be renewed for the same period.
  1. Unless the Agreement is entered into for a specific term, it is entered into for an indefinite period. If the Agreement is entered into for an indefinite period, it may be terminated by either Party with at least one (1) month's notice.
  1. Trial Account
  1. Book2Gather offers the option to take a free trial version of the SaaS Services (hereinafter referred to as the 'Trial Account') prior to entering into an Agreement. No Fee is owed for this Trial Account, which is available for a trial period of fourteen (14) days.
  1. Upon the expiration of the trial period, Book2Gather reserves the right to delete Customer data without prior notice unless the Parties have timely entered into an Agreement.
  1. Services
  1. After the Agreement is established, Book2Gather commences the provision of Services.
  1. Services are provided on an 'as is' basis and are deemed unconditionally accepted upon delivery of the Services (in the case of SaaS Services: the granting of access to the Services). The Customer bears the risk and responsibility for the use of the Services and their (direct and indirect) consequences.
  1. Book2Gather is entitled to modify, replace, suspend, or block (access to) the Services, including for planned (maintenance and related) 'downtime' of the SaaS Services.
  1. Book2Gather will announce 'downtime' in advance as much as possible. The Customer's obligation to pay the Fee remains unaffected.
  1. In the event of a malfunction of the SaaS Services, the Customer may contact the Book2Gather support desk during Business Days. The Customer is not charged for using support, provided it is based on 'fair use.'
  1. Fee & Payment
  1. Unless otherwise agreed, the Customer owes a periodic Fee as determined and published by Book2Gather. All rates are exclusive of taxes (such as VAT) and other legally applicable charges, unless stated otherwise in writing.
  1. The Customer must pay Book2Gather invoices no later than thirty (30) days after the invoice date. The Customer is not entitled to suspend or set off invoice payments.
  1. Book2Gather is entitled to adjust the applicable Fees and rates once per contract year within reasonable limits. Book2Gather will inform the Customer in writing at least one (1) calendar month before the adjustment takes effect. The Customer may terminate the Agreement with Book2Gather within one month of the announced price increase.
  1. If the Customer fails to pay the amounts due within the term specified in Article 4.2, the Customer, without further notice of default, and without prejudice to other rights of Book2Gather, (i) owes statutory commercial interest on the amount due, and (ii) Book2Gather is entitled to suspend the execution of the Agreement. The Customer is obliged to reimburse all collection costs incurred by Book2Gather, with a minimum of 15% of the amount to be collected (regardless of its size) or, if higher, €250.
  1. In the event of a malfunction of the SaaS Services, the Customer may contact the Book2Gather support desk during Business Days. The Customer is not charged for using support, provided it is based on 'fair use.'
  1. Customer Obligations
  1. The Customer must ensure that the data provided to Book2Gather is correct in all respects. The Customer is obliged to notify Book2Gather immediately of any changes to this data.
  1. The Customer is responsible for the (security of) data granting access to the Book2Gather environment, including the use of strong passwords. The Customer is responsible for using the Services, the data, and the content, as well as keeping access to them confidential. The Customer must use the Services within the limits of the Agreement, these General Terms and Conditions, and applicable laws, including data protection laws.
  1. The Customer indemnifies Book2Gather against third-party claims arising from the execution of the Agreement and/or the Customer's use of the Services.
  1. Book2Gather Obligations
  1. Book2Gather provides qualified personnel for the delivery of Services and endeavors to deliver the Services to the best of its ability.
  1. Book2Gather aims to ensure that SaaS Services are available twenty-four (24) hours a day, seven (7) days a week. However, Book2Gather cannot guarantee uninterrupted and/or error-free operation. If the Services are unavailable, the Customer remains obliged to pay the full Fee unless unavailability exceeds five (5) Business Days. In such a case, Book2Gather will apply a discount to the Fee proportional to the period of unavailability.
  1. Book2Gather is not liable for any damages resulting from deficiencies on the part of its Suppliers. The Customer authorizes Book2Gather to accept any limitations of liability of third parties on behalf of the Customer.
  1. Except as provided in these General Terms and Conditions and the Agreement, all explicit and/or implied terms, warranties, and obligations regarding the performance of Book2Gather under any agreement are excluded to the extent permitted by applicable law.
  1. Confidentiality & Personal Data
  1. The Parties will not disclose any sensitive or confidential information of the other Party to third parties without consent.
  1. In delivering Services, personal data of the Customer's clients and employees are processed. These data processing activities are governed by the Data Processing Agreement in Part II of this document. Personal data are always considered confidential.
  1. Intellectual Property
  1. The Customer retains all rights and privileges related to all their data and information. Book2Gather and/or its Suppliers exclusively retain all rights to all components of its Services (and related intellectual property rights), including technical information, code, documentation, functionalities, and related data, information, and knowledge therein. The Customer obtains only a non-transferable, non-exclusive right to use the Services for the normal operations of the Customer for the duration of the Agreement (hereinafter referred to as the 'License'). No other (usage) rights or privileges concerning the Services' (intellectual property rights) are granted to the Customer.
  1. The License only includes the right to load and execute the Services for the number and type of users and usage for which the Customer has subscribed. If Book2Gather finds that the Customer makes the Services available to more or other users than permitted under the Agreement, or otherwise uses the Service in an unauthorized manner, Book2Gather is entitled to charge additional fees retroactively to the Customer, apart from the right to claim (additional) damages and take other legal measures. Book2Gather may implement technical measures (such as modules and/or user keys) to protect and restrict the use of the Services.
  1. For Services not developed by Book2Gather and therefore supplied by a Supplier, the Supplier's terms apply.
  1. Liability
  1. Book2Gather is not liable for damages arising from or resulting from the temporary unavailability, malfunctioning, and/or (interim) failure of (components of) the Services.
  1. For other damages, Book2Gather is only liable for attributable direct damages. Direct damages are defined as: (a) reasonable costs for determining the cause and extent of damages, (b) reasonable costs necessary to align Book2Gather's deficient performance with the Agreement, and (c) reasonable costs to prevent or limit damages. Liability for all other damages, including but not limited to indirect damages, loss of revenue or profit, lost clients, reputational damage, intangible damages, missed savings, missed opportunities, missed investments, or damages due to business interruptions, is excluded. Book2Gather's liability for direct damages, costs, or losses under the Agreement, including the Data Processing Agreement, or damages from a tortious act, is always limited to the Fee billed by Book2Gather to the Customer for the Services, excluding VAT, during the six (6) months directly preceding the damage-causing event, with a maximum of €20,000.
  1. The Customer's right to compensation arises only if the Customer notifies Book2Gather in writing within thirty (30) days of reasonably discovering the damage.
  1. Nothing in these General Terms and Conditions limits Book2Gather's liability for damages caused by intent or gross negligence.
  1. Termination
  1. Each Party may terminate the Agreement with immediate effect, without further notice of default and without prior judicial intervention, by registered letter, if: (i) the other Party files for suspension of payments or is declared bankrupt, or (ii) the other Party is a legal entity and is dissolved.
  1. After termination of the Agreement, for any reason, the provisions intended to remain in force after termination, including Articles 7, 8, and 9, will remain in effect.
  1. Stripe
  1. Book2Gather offers its customers the option to use services provided by the payment service 'Stripe.' If the Customer chooses the payment service 'Stripe,' payments are processed by the external payment service provider Stripe Payments Europe, Limited, a company governed by Irish law, with its registered office at 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland ('Stripe Payments'). In this case, the Customer enters directly into a contractual relationship with Stripe Payments for the provision of Stripe Services and agrees to Stripe Payments' applicable terms, which may change from time to time.
  1. Fees charged by Stripe may change and fall under Stripe's responsibility. The Customer must independently verify Stripe's terms and rates.
  1. Final Provisions
  1. Book2Gather is entitled to amend these General Terms and Conditions from time to time. Amendments will be communicated to the Customer by email no later than one month before they take effect.
  1. Book2Gather is entitled to outsource and/or transfer its rights and obligations under any Agreement in whole or in part.
  1. These General Terms and Conditions, the Agreements, and the Data Processing Agreement in Part II and/or their execution are exclusively governed by Dutch law. The applicability of the United Nations Convention on Contracts for the International Sale of Goods (CISG) 1980 is excluded.
  1. All disputes arising from or related to the General Terms and Conditions, the Agreements, and the Data Processing Agreement in Part II and/or their execution will be submitted exclusively to the competent court in Amsterdam.

Part II: Data Processing Agreement

Considerations

  1. Book2Gather provides the Customer with software for purposes including accounting, agenda, customer, and appointment management, and may process personal data on behalf of the Customer in this capacity;
  1. The Customer and Book2Gather have entered into an agreement under which the Customer can use Book2Gather's services, which includes this Data Processing Agreement;
  1. The Customer is considered the data controller with regard to the processing of personal data as defined in Article 4(7) of the General Data Protection Regulation ("GDPR");
  1. Book2Gather is considered the data processor with regard to storing and processing personal data on behalf of the Customer as defined in Article 4(8) GDPR.

Article 1 Definitions

  1. In this Data Processing Agreement, the following terms, always capitalized, have the following meaning regardless of whether they are used in singular or plural form:

    General Terms and Conditions: the general terms and conditions of Book2Gather, which are an integral part of the Agreement;

    Annex: an appendix to the Data Processing Agreement, which forms an integral part of the Data Processing Agreement;

    Agreement: the agreement between the Customer and Book2Gather for the use of Book2Gather's services, including any additional agreements;

    Personal Data: all data that is directly or indirectly traceable to a natural person as referred to in Article 4(1) GDPR;

    Sub-Processor: the subcontractor engaged by Book2Gather who processes Personal Data on behalf of the Customer under this Data Processing Agreement as referred to in Article 28(4) GDPR;

    Processing: the processing of Personal Data as referred to in Article 4(2) GDPR;

    Data Processing Agreement: this agreement, which forms part of the Agreement.

  1. The provisions of the Agreement and the General Terms and Conditions apply fully to the Data Processing Agreement. To the extent there are provisions regarding the processing of personal data in the Agreement or General Terms and Conditions, the provisions of this Data Processing Agreement take precedence.

Article 2 Processing on behalf of the Customer

  1. Book2Gather undertakes to process Personal Data on behalf of the Customer under this Data Processing Agreement. An overview of the types of Personal Data, categories of data subjects, and purposes for which the Personal Data is processed is included in Annex 1. The Customer guarantees that the Personal Data, categories of data subjects, and purposes described in Annex 1 are complete and accurate and indemnifies Book2Gather against any defects and claims resulting from incorrect representation by the Customer.
  1. Book2Gather processes the Personal Data solely based on this Data Processing Agreement and the instructions of the data controller and does not process the Personal Data for other or its own purposes. Book2Gather has no control over the purpose and means of processing the Personal Data. The responsibility for these Processing activities rests solely with the Customer.
  1. The Customer guarantees that the content, use, and processing of the Personal Data comply with all applicable laws and regulations and do not infringe on any rights of third parties. The Customer indemnifies Book2Gather against all third-party claims, especially those of supervisory authorities, arising in any way from non-compliance with this guarantee. If Book2Gather believes that an instruction from the Customer infringes GDPR or other applicable privacy laws, Book2Gather will promptly inform the Customer.
  1. Book2Gather undertakes to process Personal Data only for the activities mentioned in this Data Processing Agreement and/or the Agreement. Book2Gather guarantees that it will not use the Personal Data processed under this Data Processing Agreement for any purpose other than those specified, unless a legal provision applicable to Book2Gather requires it to process the data. In such cases, Book2Gather will inform the Customer of the legal requirement before processing, unless the legislation prohibits such notification for important reasons of public interest.

Article 3 Technical and Organizational Security Measures

  1. Book2Gather will implement (or have implemented) appropriate technical and organizational measures to secure Personal Data against loss or any form of unlawful Processing and ensure a level of security appropriate to the risk. These measures will, considering the state of the art and the cost of implementation, guarantee a level of security appropriate to the risks presented by Processing and the nature of the data to be protected. Book2Gather will at least take measures to protect Personal Data against accidental or unlawful destruction, accidental or intentional loss, forgery, unauthorized dissemination or access, or any other form of unlawful Processing.
  1. The technical and organizational measures implemented by Book2Gather are described in Annex 2. These measures may be updated from time to time if necessary.

Article 4 Confidentiality

  1. Book2Gather will have all its employees involved in executing the Agreement sign a confidentiality agreement—whether as part of their employment contract or otherwise—which includes at least an obligation to maintain confidentiality concerning Personal Data.

Article 5 Data Transfers

  1. The transfer of Personal Data by Book2Gather outside the European Economic Area is only permitted in compliance with the applicable legal obligations.

Article 6 Third Parties and Subcontractors

  1. Book2Gather is permitted to use Sub-Processors under this Data Processing Agreement and the Agreement, as listed in Annex 3. If Book2Gather intends to engage another Sub-Processor, it will notify the Customer of the intended changes. The Customer must object to these changes within five (5) Business Days. Book2Gather will respond to the Customer's objection within five (5) Business Days.
  1. When Book2Gather engages a Sub-Processor to perform specific processing activities on behalf of the Customer, the Sub-Processor will be bound by the same data protection obligations as those contained in this Data Processing Agreement.

Article 7 Liability

  1. The liability of Book2Gather under the Data Processing Agreement is subject to the liability limitations included in Article 9 of the General Terms and Conditions.

Article 8 Data Breaches

  1. If Book2Gather becomes aware of a personal data breach (as defined under GDPR, hereinafter: "data breach"), it will: (i) notify the Customer without undue delay and provide information on the nature of the breach, where possible, the number of data subjects affected, and the expected consequences of the breach; (ii) take all reasonable measures to address the breach, including mitigating any adverse effects of the breach, and preventing similar breaches in the future; (iii) inform the Customer of these measures.
  1. Book2Gather will assist the Customer and support the Customer in fulfilling their legal obligations regarding the detected data breach. Book2Gather will assist the Customer in complying with their obligation to report the data breach to the Data Protection Authority ("DPA") and, where applicable, the data subjects as referred to in Articles 33 and 34 GDPR.
  1. Book2Gather is not liable for the incorrect and/or untimely execution of the Customer's reporting obligation under Articles 33 and 34 GDPR.

Article 9 Assistance to the Customer

  1. Book2Gather will, to the extent reasonably possible, assist the Customer in fulfilling their obligations under GDPR to respond to data subject requests, particularly the right of access (Art. 15 GDPR), rectification (Art. 16 GDPR), erasure (Art. 17 GDPR), restriction (Art. 18 GDPR), portability (Art. 20 GDPR), and the right to object (Arts. 21 and 22 GDPR).
  1. Book2Gather will forward any complaints or requests from data subjects concerning the Processing of Personal Data as soon as possible to the Customer, who is responsible for handling the request. Book2Gather is entitled to charge the Customer for any costs incurred in providing such assistance.
  1. Book2Gather will, to the extent reasonably possible, assist the Customer in meeting their obligations under GDPR to conduct a data protection impact assessment (Arts. 35 and 36 GDPR). The Parties will make further (written) arrangements in this case.
  1. Book2Gather will provide the Customer with all information reasonably necessary to demonstrate that Book2Gather complies with its obligations under GDPR.
  1. Book2Gather allows the Customer to audit compliance with the Data Processing Agreement, including security measures implemented by Book2Gather, once per calendar year, provided reasonable notice is given and with Book2Gather's approval. Such audits must be conducted in a manner that minimizes disruption to Book2Gather's normal operations and are at the Customer's expense. Book2Gather is entitled to charge the Customer for any costs incurred in connection with this Article.
  1. The audit described in this Article will only occur after the Customer has reviewed similar audit reports available at Book2Gather and provides reasonable arguments justifying an additional audit. An audit is justified when existing audit reports at Book2Gather do not sufficiently address compliance with this Data Processing Agreement.

Article 10 Termination

  1. This Data Processing Agreement remains in force as long as Book2Gather processes Personal Data on behalf of the Customer. Upon termination of this Data Processing Agreement, Book2Gather will, at the Customer's request, delete or return all Personal Data and remove existing copies unless Book2Gather is legally required to retain (parts of) the Personal Data.
  1. Obligations in this Data Processing Agreement that by their nature are intended to survive termination will remain in effect after the termination of this Data Processing Agreement.

ANNEX 1 OVERVIEW OF PERSONAL DATA

Types of Personal Data

  1. Name and address details
  2. Financial information
  3. Depending on the Customer's service: medical and treatment information
  4. Photos
  5. Agenda items
  6. Messages

Changes to Personal Data will only occur in consultation between Book2Gather and the Customer.

Categories of Data Subjects

  1. Customers/patients of the Customer.
  2. Employees of the Customer

Purposes of Processing Personal Data

  1. Providing the Customer access to and use of Book2Gather's software for daily operations, including agenda, customer management, treatments, cash register, accounting, and inventory management.

ANNEX 2 - SECURITY SPECIFICATIONS

  1. Book2Gather employees can only access Customer data if the Customer has explicitly granted permission in the system.
  2. Regular internal audits and code reviews.
  3. Encrypted SSL connections.
  4. Passwords are stored in encrypted form.
  5. Extensive technical measures to secure access to Book2Gather's servers.

ANNEX 3 - SUB-PROCESSOR SPECIFICATIONS

  1. Amazon AWS: overall infrastructure
  2. Cloudinary: file uploads such as customer photos
  3. Amazon SES: email
  4. Intercom: support and marketing
  5. Stripe: payment gateway

Part III: Mobile App Users

Accessibility and Usage

  1. The Book2gather mobile app is available for users in the Netherlands and Belgium and supports Dutch and English languages. The app can be downloaded for free from the Play Store and the App Store. The app can initially be used without registration, provided the user only seeks general information. However, registration and login are required to book an appointment.

Authentication and Registration

  1. When registering via the mobile app, users must provide their personal details, including first name, last name, gender, email address, phone number, and address. During the registration process, email verification is carried out through an OTP procedure. By registering, the user agrees to the applicable terms and conditions and the privacy policy of Book2gather.

Features and Modules

  1. The mobile app includes the following functional modules:
  1. The 'Home' module provides an overview of salons, filterable by location and search terms, and also shows an overview of previously visited salons for logged-in users.
  2. The 'Appointments' module provides insight into all made appointments, categorized as upcoming, missed, completed, in progress, and canceled; this module is only accessible after logging in.
  3. The 'Maps' module presents salons on a map with clustering. When selecting a salon, detailed information, directions, contact options, and the option to book an appointment are shown.
  4. The 'Notifications' module displays the complete history of all notifications sent via the app and is only available to logged-in users.
  5. The 'Profile' module allows users to manage their personal details and settings, including notification and location settings, and perform account-related actions.

Appointments and Payment Processing

  1. When booking an appointment via the mobile app, the user first selects the desired service, chooses an available staff member, and a suitable time slot. If the respective salon has activated a deposit system, a modal window is shown during the booking process where the user must accept the deposit policy. Additionally, any discount codes can be applied. Depending on the set conditions, the appointment can be confirmed immediately or finalized after receiving the deposit.

Data Processing and Privacy

  1. The processing of personal data via the mobile app is carried out in accordance with the Book2gather privacy policy. This includes processing profile data, location information, and notification settings. By using the mobile app, the user agrees to the processing of their data as outlined in the privacy policy.

Responsibilities and Liability

  1. Book2gather acts solely as a connecting platform between salons and users. The salons remain fully responsible for the content and quality of the communication sent via the mobile app, as well as for managing the deposit system and executing appointments. Book2gather is never liable for errors, inaccuracies, or misuse of information resulting from data management or communication by the salons.

Last updated: February 2025

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