GENERAL TERMS AND CONDITIONS SNAPPSHOT VOF

These General Terms and Conditions apply to all services, information, files and products as provided via the websites snappshot.nl and snappshot.party, the Snappshot app (“Snappshot”), any equipment supplied and every agreement that Snappshot VOF enters into with a Client.

Article 1 – Definitions

In these General Terms and Conditions, the following shall be understood as:

Snappshot / Contractor

Snappshot VOF, established at Oude Boekeloseweg 33, 7553 DS Hengelo, The Netherlands.
Chamber of Commerce (KvK): 51354713.

Client / Customer

The natural person or legal entity that enters into the Agreement with the Contractor.

Consumer

The natural person who does not act in the exercise of a profession or business.

Snappshot

The mobile application (app) developed by the Contractor with which end users can create and share photos and content during an event.

Account

The Client’s personal account through which access is obtained to MySnappshot and the event settings.

Licence

The right of use that the Client obtains for Snappshot for a specific period (such as an event day).

Administrator

The contact person designated by the Client who manages the event environment.

End user

A natural person who uses Snappshot during an event (such as a guest).

Agreement

Any arrangement between the Client and the Contractor under which Snappshot or additional services are provided.

In writing

Including e-mail or other digital messages, provided they can be traced.

Article 2 – Applicability and amendment of terms

These General Terms and Conditions apply to all Agreements, quotations, offers and deliveries of Snappshot.

Deviations are only valid if agreed in writing.

The Client’s general terms and conditions are expressly rejected.

If any provision proves to be invalid, the remaining provisions shall remain fully in force.

Article 3 – Formation and term of the Agreement

The Agreement is concluded as soon as the Client completes the online ordering process or otherwise agrees to the offer in writing.

The Agreement is entered into for the duration of the licence (for example an event day), unless agreed otherwise.

Up to 28 days after expiry of the licence, the Client can download the photos taken. After that, Snappshot is not obliged to retain data.

For business customers, interim termination is not possible. Article 7:408 paragraph 1 of the Dutch Civil Code is excluded.

Ongoing subscriptions can be cancelled with a notice period of one month.

Article 4 – Right of withdrawal by Consumers

Definition and legal basis
Consumers have the right to withdraw from an agreement for the purchase of a digital service within 14 days after purchase without stating reasons.

Start of the service
After completing the booking you gain access to the Snappshot environment to prepare settings. The actual performance of the service — namely the taking and sharing of photos — starts on the start date you selected.

Conditions for withdrawal
As long as the taking and sharing of photos has not yet started, you can withdraw from your agreement within 14 days.
Once the service has actually started, the right of withdrawal expires.

Procedure
To exercise your right of withdrawal, send a clear statement to support@snappshot.nl
within the 14-day cooling-off period, before the service has started.

Refund
If you withdraw, we will refund the amount paid by you within 14 days after receipt of your withdrawal notice.

Other provisions
The statutory information and procedural obligations apply to the exercise of the right of withdrawal.

4.2 Immediate provision of the service

Snappshot is often activated immediately at the customer’s request.

If the Consumer wishes to use Snappshot during the cooling-off period, a proportionate fee may be charged upon withdrawal.

If the Consumer agrees in advance to immediate provision and acknowledges that they lose their right of withdrawal once the service has been fully performed, the right of withdrawal expires once the service has been fully provided (for example when the event has taken place and Snappshot has been fully usable).

4.3 Right of withdrawal for physical products (if applicable)

If Snappshot supplies equipment or other physical products, the following applies:

o 14-day cooling-off period from receipt;

o 14 days after the withdrawal notice to return the product.

Snappshot will refund within 14 days after the withdrawal notice, provided the product has been received or proof of dispatch has been provided.

4.4 Depreciation

In the event of damage or non-use that goes beyond what is necessary to assess the product, depreciation may be charged.

4.5 Exclusion of the right of withdrawal

The right of withdrawal may be excluded for:

• fully performed services for which the customer declared a waiver in advance;

• products that cannot be returned;

• custom-made products;

• sealed software where the seal has been broken.

Article 5 – Prices and payment

All prices are in euros and inclusive of VAT, unless stated otherwise.

The last button in the ordering process constitutes an order with an obligation to pay.

Payment takes place via the payment methods offered on the website.

In the event of late payment, the statutory collection procedure will be followed.

Snappshot may block access to Snappshot in case of non-payment.

Article 6 – Force majeure

Neither Party is liable for failure to fulfil obligations due to force majeure.

Examples: internet outages, DDoS attacks, government measures, disruptions at third parties.

If the situation lasts longer than 90 days, the Agreement may be terminated in writing.

Article 7 – Account

Login credentials are personal and may not be shared.

Actions carried out via the Account are attributed to the Client.

In the event of misuse, the Client must report this immediately.

Article 8 – Intellectual property

All intellectual property rights in Snappshot, MySnappshot and all delivered works belong to Snappshot.

The Client only receives a non-transferable right to use Snappshot.

It is not permitted to copy Snappshot, reverse engineer it, modify it or grant sublicences.

The Client indemnifies Snappshot against claims from third parties.

Article 9 – Advertisements

Snappshot may display advertisements in Snappshot and on platforms related to Snappshot.
The Client is not entitled to compensation or discount.

Article 10 – Confidentiality

The Parties undertake to treat all obtained information confidentially.
Snappshot may mention the Client as a reference, unless the Client prohibits this in writing.

Article 11 – Maintenance and availability

Snappshot may temporarily take systems out of service for maintenance and updates.

Snappshot strives for high availability, but provides no uptime guarantee.

Snappshot is not liable for any damage caused by unavailability.

Article 12 – Liability

Snappshot’s liability is limited to the amount the Client has paid in the current calendar year, with a maximum of the insured amount.

Snappshot is not liable for indirect damage, such as consequential damage, reputational damage, data loss or loss of profit.

Exception: damage caused by intent or wilful recklessness.

Damage must be reported in writing within 30 days.

Article 13 – Complaints and WebwinkelKeur dispute mediation

Complaints can be reported via info@snappshot.nl
.

Snappshot will respond within 14 days.

If the complaint cannot be resolved, the consumer can contact WebwinkelKeur via www.webwinkelkeur.nl
.

If no solution is reached, the consumer may contact the independent disputes committee of WebwinkelKeur. The decision is binding.

Article 14 – Applicable law

These terms are governed exclusively by Dutch law.
Disputes will be submitted to the competent court in the district of Overijssel.

RIGHT OF WITHDRAWAL – SNAPPSHOT

You have the right, as a Consumer, to withdraw from your agreement with Snappshot VOF within 14 days after entering into the agreement.

Withdrawal of services (Snappshot SAAS)

• The cooling-off period starts on the day you place the order.

• You can withdraw by sending an e-mail to info@snappshot.nl
.

• Snappshot confirms your withdrawal by e-mail.

• Within 14 days after your withdrawal notice, you will receive the amount back.

Immediate provision and partial costs

If you want to use Snappshot immediately:

• You can request immediate provision during the cooling-off period.

• If you withdraw while Snappshot has already been partially provided, Snappshot may charge a proportionate part of the costs.

• If you agreed in advance to immediate provision and acknowledged waiving your right upon full provision, the right of withdrawal expires once the service has been fully provided
(for example when the event has taken place and Snappshot has been fully usable).

Withdrawal of physical products (if applicable)

• You have a 14-day cooling-off period from the day of receipt.

• After that you have 14 days to return the product.

• You will receive the full amount back within 14 days after the withdrawal notice.

• Return costs are at your own expense.

Depreciation
In case of damage or use beyond what is necessary to determine the nature of the product, Snappshot may charge depreciation.

COMPLAINTS PROCEDURE – SNAPPSHOT

It can always happen that something does not go entirely as planned.

Submitting complaints

Send your complaint by e-mail to: info@snappshot.nl

Snappshot will respond within 14 days.
If a substantive reply takes longer, you will receive an acknowledgement of receipt within 14 days including a schedule.

Resolving the complaint

Snappshot always tries to reach a solution together with you.

WebwinkelKeur mediation

If Snappshot is affiliated with WebwinkelKeur and you cannot resolve the matter together, you can report a dispute via:
https://www.webwinkelkeur.nl/kennisbank/consumenten/geschil/

WebwinkelKeur will mediate free of charge.

Disputes committee

If mediation does not lead to a result, you can submit the dispute to the independent disputes committee of WebwinkelKeur. Its decision is binding.

PRIVACY POLICY – SNAPPSHOT

Dear (potential) Snappshot customer,

Your privacy is important to us. We are pleased to inform you about our new privacy statement. We have updated this statement due to the new European privacy legislation (GDPR). This statement is more extensive than before and is written in clear language. As a result, we are even more transparent about what we do with your personal data.

This privacy statement provides information about:
Data we collect from you and for what purpose.
Measures we have taken to protect your personal data.
Which rights you have regarding your personal data and how you can exercise those rights.

For additional information about the protection of personal data, please visit the website of the Dutch Data Protection Authority: https://autoriteitpersoonsgegevens.nl/nl
.

Which personal data does Snappshot process?
App:

Facebook User ID of the person who downloads the app, when the potential user enters the party code/event code of the event. Before that, Snappshot does not receive any personal data in any way. If you use Snappshot at a public event, it is possible that our customer can use the Pixel data obtained by us. This NEVER happens at private events.
After entering the party code/event code, you can enter a name or alias in our app to give the photos you take a personal touch. We do not use this name/alias, except on the screen under the photo you have taken and when our customer downloads the photos.
When you post a photo, some data from your phone is sent along. In particular:
The unique ID (UID Key), which is linked to your phone;
Brand, type and (version) operating system of your phone.
We use this data only to ensure our system functions properly and to obtain statistics to improve the usability of our app. This data cannot be traced back to you as a person.
Tell-a-friend module
Suppose you have a great party where Snappshot is used and you want a friend or someone else to get to know Snappshot. Then you can use this button. You can choose to do this via; WhatsApp, Facebook Messenger or e-mail. After you press the button
“Tell a friend”, you can indicate which medium you want to use. You then send a message with a unique discount code to your “Friend”. We do not store any personal data for this process.

MySnappshot:

Name and e-mail address are stored by default; other data such as name and address and profile photo can be entered manually in our system. We use name and e-mail address in communication about Snappshot. Name and address data may be used if we need to send you flyers as part of the package you purchased. This data is not used for commercial purposes without permission. This data is also stored after the party/event you purchased, so you can always return to your own Dashboard. In this Dashboard you can download photos up to 30 days after the party/event and create new party codes/event codes in the future if you wish. If you do not want this, you can log in at any time to delete your account and the associated data. This can be done by clicking the button ‘forget me’ in the menu.

When you use the button ‘Invite your guests’ in MySnappshot, you send a message to your guests/visitors to let them know that you are using Snappshot. We do not store any data of these persons. After all, you use your own WhatsApp, Facebook or e-mail to inform them. You can manually adjust the data you send via this button in the message.
Website (Snappshot.party)
As a visitor to our website, we use Facebook Pixel and Google Analytics to monitor website usage. We may also send you targeted (and relevant) marketing messages within Facebook/Instagram. We have explicitly informed Google that we will NOT store your IP address.

If you fill out the contact form on our website, your name and e-mail address are sent to the person within our organisation who will follow up your question or contact request. This data is stored for as long as contact between you and us exists.
Also if we need this data to be able to perform our service, we keep it for as long as necessary. After the service has been performed, we store your data in our system to be able to serve you better with any future requests, unless you of course ask us to delete this data.

Accounting software/accounting:

We use the accounting software Moneybird. The data we store in it is only necessary to ensure our invoicing is done properly. This data is only provided to the authorities that require it (for example the tax authorities). Our accounting software is only accessible to the owners and accountant of Snappshot. This is done via personal login codes and via a secure URL.

CRM system:

In our CRM system (our own software, MySnappshot.nl) we store customer data that is necessary for communication between us and our customers, partners and suppliers. We process additional customer data such as date of birth etc. in order to, for example, send you a card on your birthday. We simply do that.

E-mail:

If we spoke at a trade fair and received your e-mail address, we use it only to follow up that contact. Also if you send us an e-mail or fill in our contact form, we use your e-mail address only for correspondence about Snappshot. If you want us to remove your e-mail address from our database, please let us know.

Telephone:

When we receive your telephone number, we may have a reason to call you, for example when you asked a question via our website or when you provided this telephone number in your MySnappshot environment. Always useful to be able to call each other. Telephone numbers are never stored in our mobile phones but always in our CRM or MySnappshot, which is password protected.

Measures we have taken to protect your data:

All software we use when processing personal data is protected with a password or login code; nothing is accessible to unauthorised persons. For data processing we only work with certified parties. We also enter into a data processing agreement with these parties to ensure that your data is secure with us. We do not like questionable practices, so we will never cooperate with such parties. What rights do you have with regard to your personal data and how can you exercise these rights? You decide which data we store about you, apart from the data we are legally required to keep, for example for the tax authorities. Would you like to have specific data or all of your data removed from our system? You can! Send us an e-mail at: info@snappshot.nl
stating the specific data you want to have removed or indicating that you want to have all of your data removed.