Algemene Voorwaarden - SOUS - Maaltijdboxen - Chefs - Restaurants

Table of contents

Chapter I - General Provisions
Article 1. Definitions
Article 2. Identity of SOUS (Acroya BV.)
Article 3. General Provisions
Article 4. The Offer
Article 5. The agreement
Article 6. Dissolution of the agreement and cancellation of the Order
Article 7. Liability
Article 8. Force Majeure
Article 9. Warranty
Article 10. Prices
Article 11. Payment 
Article 12. Delivery
Article 13. Complaints
Article 14. Control and management of the Platform/Service
Article 15. Applicable law
Article 16. Survival
Article 17. Amendment or supplementation

Chapter II - Processor agreement provisions
Article 18. Processing of Personal Data
Article 19. Execution Processing
Article 20. Security
Article 21. Duty to report 

CHAPTER I - GENERAL PROVISIONS

Article 1. Definitions

1.1 SOUS (Acroya BV.): the company defined in Article 2 of these general terms and conditions (or one of its subsidiaries); 

1.2 Customer: the (legal) person who makes use of the Platform in order to purchase meals directly from SOUS (Acroya BV.), or through one of its External Service Providers; 

1.3 Services: the provision and maintenance of the Platform of which the Customer can make use and all matters related thereto, including but not limited to the processing of orders and payments, the transmission of orders to the External Service Provider or its own kitchen, all logistical matters, etc. 

1.4 External Service Provider: this includes but is not limited to independent Third Parties such as transport providers, delivery partners, logistics service providers, Partners, etc. 

1.5 Fulfill: this refers to an instance where an order is prepared and delivered by a Partner, or by SOUS (Acroya BV.) itself. 

1.6 Partner: a company and/or (legal) person that provides menu development or preparation of meals or beverages and related items for sale on the Platform, and uses the Platform for the realisation of the agreement. 

1.7 Platform: the website(s), apps, tools and other devices of SOUS (Acroya BV.) and its affiliates on which the Services are made available. 

1.8 Offer: the product and service offerings of the Partner or SOUS (Acroya BV.) itself, which can be ordered by the Customer from the Partner or SOUS (Acroya BV.) through the Platform. 

1.9 Order: an order placed by the Customer via the Platform through SOUS (Acroya BV.), of the Offer selected by the Customer. 

1.10 Partner Information: the information of the Partner relating to, inter alia, company and contact details, general information, the product range, prices per individual product, images (if any), the delivery area, delivery costs and minimum order amounts. 

1.11 Third Party(ies): other natural or legal persons who are not part of this agreement;

1.12 In Writing: notification via the Platform, e-mail or in writing. 

Article 2. Identity of SOUS (Acroya BV.) 

Company name: SOUS (Acroya BV.) B.V.

Street name and number: Fred Roeskestraat 115

Postal code and place of business: 1076 EE te Amsterdam

Phone number: +31 6 21181022

Chamber of Commerce number: 85080276

E-mail address: admin@SOUS (Acroya BV.).io

Article 3. General Provisions

3.1 These general terms and conditions apply to the Services of SOUS (Acroya BV.), the use of the Platform by the Customer and any agreement concluded through the use of the Platform. 

3.2 If the Customer places an order through the Platform with a Partner - and not with SOUS (Acroya BV.) itself, then by placing an Order the Customer directly enters into an agreement with the Partner for the collection or delivery of the Offer selected by the Customer, and all matters related thereto. 

3.3 Unless expressly agreed otherwise, the applicability of other general terms and conditions is excluded.

3.4 Deviations from or additions to these general terms and conditions will only be valid if they have been expressly agreed upon in writing. 

3.5 If SOUS (Acroya BV.) does not always demand strict compliance with these Terms and Conditions, that does not mean that the provisions do not apply or that SOUS (Acroya BV.) would in any way lose its right to demand strict compliance with the provisions of these Terms and Conditions in other cases. 

3.6 If and insofar as any provision of these Terms and Conditions cannot be invoked on the grounds of reasonableness and fairness or its unreasonably onerous nature, the provision in question will in any event be accorded a meaning corresponding as closely as possible to its content and purpose, so that it can be invoked. 

3.7 If any provision of these general terms and conditions or the agreement proves to be invalid or is annulled, then this will not affect the validity of the general terms and conditions or the agreement as a whole. The parties will enter into consultations in order to agree on a new provision to replace the void or voided provision, taking into account the objective and purpose of the void or voided provision as much as possible. 

3.8 SOUS (Acroya BV.) is entitled to engage Third Parties in order to perform the agreement. 

Article 4. The Offer

4.1 SOUS (Acroya BV.) publishes the Offer on behalf of itself or the Partner on the Platform, in accordance with the Partner Information provided by the responsible party. 

4.2 Orders are prepared and Fulfilled either by the Partner, or by SOUS (Acroya BV.) itself. If an Order is Fulfilled by a Partner, then SOUS (Acroya BV.) expressly accepts no responsibility or liability for the content of the Offer and the Partner Information on the Platform. The Partner may use ingredients and additives for meals and drinks, which may cause allergies and intolerances. If a Customer is allergic to certain foods, we recommend contacting the applicable party through the Platform or by email prior to placing an Order for current information regarding allergens. 

4.3 If an offer has a limited validity period or is made subject to conditions, this will be expressly stated in the offer. 

4.4 The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to enable the Customer to make a proper assessment of the offer. If there is any doubt, this should be queried with SOUS (Acroya BV.) before making the purchase. If SOUS (Acroya BV.) uses images, these will be a true representation of the products offered. SOUS (Acroya BV.) is not bound by obvious errors or mistakes with respect to, for example, displayed amounts or products. 

4.5 SOUS (Acroya BV.) does not accept any liability for the accessibility of the Platform. 

Article 5. The agreement

5.1 The agreement is concluded at the moment the Customer finalizes the Order via the Platform. Once the Customer places an Order with the Partner, an agreement is established between the Customer and the Partner.

5.2 Upon receipt of the Order, SOUS (Acroya BV.) will confirm the Order to the Customer electronically. 

5.3 The agreement can only be executed by the Partner or SOUS (Acroya BV.) if the Customer provides correct and complete contact and address details when placing the Order. The Customer has the duty to immediately report inaccuracies in the payment data provided or stated to SOUS (Acroya BV.) or the Partner. 

5.4 In connection with the information about the status of his Order, the Customer must be available to both the Partner and SOUS (Acroya BV.) by telephone and email after placing the Order.

5.5 The Customer must be present at the delivery address indicated by the Customer at the time that has been indicated in order to receive the Order. 

5.6 SOUS (Acroya BV.) may charge delivery fees to the Customer. The current delivery charges are stated on the Platform before a Customer places an Order. An invoice for these delivery charges can be requested from SOUS (Acroya BV.).

5.7 These general terms and conditions also apply to future, additional and/or follow-up agreements/Orders.

5.8 Agreed delivery dates are always indicative. The delivery periods are expressly not strict deadlines. Exceeding a term therefore does not entitle the Customer to compensation. 

5.9 When ordering and delivering Orders with alcoholic products or other products with an age limit, SOUS (Acroya BV.) and/or the Partner will ask the Customer for identification under the applicable laws and regulations. In any event, if the Customer cannot adequately identify himself or does not meet the age requirements, the alcoholic products or age-restricted products of the Order will not be delivered, and both SOUS (Acroya BV.) and the Partner are free to choose to refuse the Order in its entirety. If any of the above situations occur, the Customer may be charged a cancellation fee, which shall consist of at least the cost of the age-related product that could not be delivered. 

5.10 The day of delivery is selected by the Customer when placing their Order through the Platform. The exact time varies depending on SOUS (Acroya BV.)'s Partner, External Service Providers and/or details of the Order (e.g. Order quantity, distance, time of day, ect.). The delivery times communicated to the Customer by SOUS (Acroya BV.) or by the ExternalService Providers are only estimates. 

5.11 The Customer can amend or cancel the Order up until the stated 'cut off time', which is stated in the order details of each meal, without costs through the Platform. After that the legal "right of withdrawal for contracts concluded at a distance" does not apply, as the products that are offered are perishable in nature and cannot be returned. 

5.12 If SOUS (Acroya BV.) and/or the External Service Provider are unable to deliver (on time), the Buyer will be offered the choice to:

  1. Give SOUS (Acroya BV.) and/or the External Service Provider the opportunity as yet to deliver as soon as possible (often the next day); or
  2. Request a refund of the entire Order amount. 

5.13 SOUS (Acroya BV.) ensures that she complies with the KNH Hygiene Code, but in any event with the HACCP requirements. These are the legal requirements of food safety.  SOUS (Acroya BV.) also imposes these rules on the External Service Providers, however, SOUS (Acroya BV.) cannot guarantee that these parties will always adhere to these rules, and SOUS (Acroya BV.) therefore explicitly accepts no liability in this respect. 

5.14 In certain instances, after placing the Order, the Customer may, at its discretion, choose to tip a courier via an online payment method. 

5.15 After a Customer has received confirmation of payment of the Tipping, the Tipping cannot be refunded or changed. 

Article 6. Dissolution of the agreement and cancellation of the Order

6.1 Due to the perishable nature and the required hygiene of the Offer, the Customer is in principle not entitled to dissolve the agreement. Orders can therefore in principle not be cancelled. The Customer may cancel the Order only if a) it has been placed in advance and b) no later than the time that has been stipulated in the Offer/Order itself, c) and the opportunity to cancel the specific Order has been explicitly stated in the Offer and/or Order in question, since this possibility and the time to do so can vary from Offer/Order to Offer/Order. 

6.2 SOUS (Acroya BV.) and the Partner will both be entitled to (partially) cancel the Order if, for example, the Offer is no longer available, the Customer has provided an incorrect or unattainable telephone number or other contact details, or in the event of force majeure. 

6.3 SOUS (Acroya BV.) is entitled to refuse Orders and cancel agreements in its own name and/or on behalf of the Partner if there is reasonable doubt about the accuracy or authenticity of the Order and/or the contact details. If the Customer places seemingly false or fraudulent Orders, SOUS (Acroya BV.) may report this to the local authorities. 

6.4 If the Customer places a false Order or otherwise fails to comply with its obligations under the agreement, SOUS (Acroya BV.) may also decide to refuse future orders from the Customer concerned. 

6.5 In connection with the perishability and the required hygiene of the Offer, the Customer cannot invoke the right of withdrawal; this right is expressly excluded. 

Article 7. Liability

In the event that the Customer is a consumer

7.1 SOUS (Acroya BV.)'s total liability is limited to compensation for damage up to the amount of the fee (excluding VAT) stipulated for that agreement. In no event will the total compensation for damage exceed the amount to be paid out by SOUS (Acroya BV.)'s liability insurance.

7.2 SOUS (Acroya BV.)'s liability is in no way limited in respect of any damage that is the result of intentional or deliberate recklessness on the part of SOUS (Acroya BV.) itself. 

If the Customer is acting in the conduct of a profession or business:

7.3 SOUS (Acroya BV.) is not liable for indirect and direct damage. This does not exclude SOUS (Acroya BV.)'s liability for damage that is the result of intentional or deliberate recklessness on the part of SOUS (Acroya BV.) itself. 

7.4 If in a specific case SOUS (Acroya BV.) can nevertheless be held liable, regardless of what is stated in this article, SOUS (Acroya BV.)'s total liability will be limited to reimbursement of the damage up to a maximum of the amount of the fee (exclusive of VAT) stipulated in respect of that agreement. 

7.6 The amount of the compensation will furthermore never exceed the amount paid out by SOUS (Acroya BV.)'s liability insurance. 

7.7 Under these general terms and conditions, direct damage is understood to mean:

  1. reasonable costs that the Customer would have to incur in order for SOUS (Acroya BV.)'s performance to correspond to the agreement: however, such substitute damage will not be reimbursed if the agreement is dissolved by or at the Customer's request;
  2. reasonable costs incurred in determining the cause and extent of the damage insofar as the determination relates to damage within the meaning of these general terms and conditions; 
  3. reasonable costs incurred to prevent or limit the damage insofar as the Customer demonstrates that these costs have resulted in limiting the damage within the meaning of these general terms and conditions. 

7.8 The Customer indemnifies SOUS (Acroya BV.) against any claims of Third Parties that incur damage in connection with the performance of the agreement. 

General provisions in respect of liability:

7.9 The conditions for the existence of any right to compensation are always that the Customer must report the damage to SOUS (Acroya BV.) in writing as soon as possible after it occurs. Any claim for damages against SOUS (Acroya BV.) will lapse by the mere lapse of 12 (twelve) months after the claim arose. 

7.10 SOUS (Acroya BV.) is not liable for any damage of any kind whatsoever resulting from SOUS (Acroya BV.) having relied on incorrect and/or incomplete information provided by the Customer or if the Customer has provided such information too late. 

7.11 SOUS (Acroya BV.) is not liable for any damage caused by external errors or interruptions in the availability of the Platform for which SOUS (Acroya BV.) is not responsible (e.g. technical problems of the Internet that cannot be influenced by any party). 

Article 8. Force majeure

8.1 In addition to the provisions of Section 6:75 of the Dutch Civil Code, SOUS (Acroya BV.) cannot be blamed for any failure by SOUS (Acroya BV.) to fulfill any obligation vis-à-vis the Customer in the event of a circumstance beyond its control as a result of which SOUS (Acroya BV.)'s fulfillment of its obligations vis-à-vis the Customer is wholly or partially impeded or as a result of which SOUS (Acroya BV.) cannot reasonably be required to fulfill its obligations. Such circumstances include non-performance by a Partner or other External Service Providers, suppliers or other Third Parties, power failures, computer viruses, internet failures, extreme weather conditions, fire or danger of fire, threat of war, pandemics, epidemics, quarantines, absenteeism, incapacity for work, strikes, government measures and the breakdown of bicycles and equipment used to transport or assemble the products. 

8.2 If a situation as referred to in paragraph 1 of this article arises as a result of which SOUS (Acroya BV.) is unable to fulfill its obligations in respect of the Customer, those obligations will be suspended for as long as SOUS (Acroya BV.) is unable to fulfill its obligations. If the situation of force majeure has lasted for 30 (thirty) calendar days, both Parties will be entitled to dissolve the agreement in writing in whole or in part. In that case SOUS (Acroya BV.) will not be required to pay any damages, even if SOUS (Acroya BV.) benefits from any advantage as a result of the force majeure situation.

Article 9. Warranty

9.1 SOUS (Acroya BV.) guarantees that the offer complies with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and the statutory provisions and/or government regulations in existence on the date on which the agreement was concluded.

9.2 SOUS (Acroya BV.) expressly cannot guarantee that the Partner will always comply with the agreements and requirements made between SOUS (Acroya BV.) and him and/or SOUS (Acroya BV.) and the Customer. If the Customer has placed an Order for the Offerings of a Partner, then in the first instance the Customer must address Complaints to the Partner in question. SOUS (Acroya BV.) can take on a mediating role if the Customer and the Partner are not able to resolve the issue together amicably. 

9.4 As the Offers consist (primarily) of freshly prepared and quickly perishable goods, the Customer must be aware that goods that have been refrigerated during the delivery (or properly labeled goods) must also be refrigerated properly after being transferred to the Customer in order to guarantee an appropriate shelf life. If the Customer does not refrigerate the goods, store them and/or use them in the correct manner, the Customer cannot make any corresponding claims against SOUS (Acroya BV.) and/or the Partner. The Customer has a duty to investigate the Order and must report a shortcoming within 48 (forty-eight) hours. If this does not happen, or happens later than 48 (forty-eight) hours, it is assumed that a possible non-conformity has arisen due to the way in which the Customer has handled the goods/Order.

Article 10. Prices

10.1 All amounts stated on the Platform are in euros and include VAT and other government levies, unless otherwise agreed to. 

10.2 SOUS (Acroya BV.) and the Partner reserve the right to apply an inflation correction to the Offer once a year. 

10.3 A composite quotation will not oblige SOUS (Acroya BV.) or the Partner to perform part of the agreement for a corresponding part of the amount specified. 

10.4 Discounts and quoted amounts do not automatically apply to future agreements. 

Article 11. Payment 

11.1 At the moment the agreement is established in accordance with article 5.1 of these terms and conditions, the Customer is obliged to pay SOUS (Acroya BV.) the amount due for the Order through the Platform. This payment obligation can be met by the Customer by paying with an online means of payment through the Platform.

11.2 Subject to the provisions of article 6 (Dissolution of the agreement and cancellation of the Order) of these general terms and conditions, the (partial) reimbursement of an online payment is only possible if the Order cannot be (fully) delivered. The refund shall always be made to the same account from which the payment was made. Depending on the payment method used by the Customer, the processing of the refund will take a maximum of 10 (ten) working days.

11.3 The Partner and/or the External Service Provider has authorized SOUS (Acroya BV.) to receive the online payment of the Customer on behalf of the Partner and/or the External Service Provider. 

11.4 The rights of suspension and of set-off are excluded in the case of a Customer acting in the course of a profession or business. 

Article 12. Delivery

12.1 The place of delivery will be the address that the Customer has provided to SOUS (Acroya BV.) through the Platform. 

12.2 If delivery of an Ordered product turns out not to be possible, SOUS (Acroya BV.) will make an effort to make a replacement product available. If that is the case, SOUS (Acroya BV.) will state in a clear and comprehensible manner that either a replacement Order will be delivered or the Customer will be entitled to a reimbursement of the (total) Order amount.  

12.3 The risk of damage and/or loss of products will rest with SOUS (Acroya BV.) or - if an Order is to be Fulfilled by an External Service Provider or Partner - with the External Service Provider or Partner until the moment of delivery to the Customer or a person designated by the Customer in advance. 

12.4 All delivery periods are indicative. The Customer cannot derive any rights from any terms that are mentioned, and exceeding a term does not entitle the Customer to any form of compensation. 

12.5 If neither personal delivery nor delivery to a neighbor of the Customer or another person authorised to receive the goods is possible, the Customer will be in default of acceptance. Any new attempt to deliver will be at the discretion of SOUS (Acroya BV.). 

12.6 In the event that the Customer instructs a neighbor to receive the Order or a person who is otherwise authorised to receive the Order, or in the event that the Order is left at a location specified by the Customer, the risk of accidental loss or damage to the Order will pass to the Customer. In case of doubt, ambiguities regarding storage locations specified by the Customer are the responsibility of the Customer. SOUS (Acroya BV.) and/or the Partner is not obliged to check the suitability of the storage location specified by the Customer.

12.7 The Customer is requested to check that the delivery is complete and correct upon receipt and to report any defects that are visible to the eye to SOUS (Acroya BV.) immediately. In this respect see also the provisions of Article 13.4 of these General Terms and Conditions.

Article 13. Complaints

13.1 Complaints about the offer, the Order or the Fulfillment of the agreement must be submitted within 48 (forty-eight) hours to the party responsible, see paragraph 2 of this article. If no complaint is made within 48 (forty-eight) hours, it shall be assumed that the agreement has been Fulfilled accordingly.

13.2 Complaints from the Customer regarding the offer, the Order or the execution of the agreement must be submitted to SOUS (Acroya BV.) or - if the order was placed with a Partner - to the Partner. The exclusive responsibility for the offer of the Partner and the execution of the agreement lies with the Partner. SOUS (Acroya BV.) can - if not ordered from them but from the Partner - only assume a mediating role. 

13.3 If a Customer has a complaint about the Service, the complaint must be communicated to the customer service of SOUS (Acroya BV.) through the contact form and in writing at the (contact) address indicated in Article 2 of these terms and conditions.

13.4 After a complaint has been received by SOUS (Acroya BV.), SOUS (Acroya BV.) will respond as quickly as possible, but no later than within 7 (seven) days, with a confirmation of receipt of the complaint. SOUS (Acroya BV.) will endeavor to deal with the complaint as quickly as possible, but in any event within 14 (fourteen) days. 

13.5 Complaints must be submitted fully and clearly to the Partner or SOUS (Acroya BV.) respectively, depending on who the Customer has purchased the products from, within a reasonable period of time after the Customer has discovered the defects. 

Article 14. Control and management of the Platform/Service

14.1 SOUS (Acroya BV.) is at all times entitled to make changes to the technical facilities with respect to the Services and/or the Platform. 

14.2 The Customer will act and behave in accordance with what may be expected of a responsible and careful user of the Service(s)/Platform. 

14.3 The Customer is always responsible for any use - including unauthorized use - that is made of the user rights granted to it. The Customer will take appropriate measures to prevent unauthorized use. 

14.4 The Customer will at all times follow the instructions given by SOUS (Acroya BV.) in respect of the use of the Service(s).  

14.5 SOUS (Acroya BV.) is also entitled to change the non-technical facilities of its Service(s). 

14.6 SOUS (Acroya BV.) reserves the right to discontinue/remove technical services if they cause a failure or delay of the system. SOUS (Acroya BV.) will assess whether there is such a disruption or delay and may, without notifying the Customer in advance, block the technical Services or take other measures to eliminate the disruption or delay. In those circumstances the Customer will never be entitled to any compensation or damages.

14.7 SOUS (Acroya BV.) is entitled, without prior notice, to (temporarily) suspend the use of its Services or to limit their use to the extent that this is necessary for reasonably required maintenance or for adjustments or improvements to be made to the Services by SOUS (Acroya BV.), without SOUS (Acroya BV.) being entitled to any compensation or damages.

14.8 SOUS (Acroya BV.) makes an effort to make the Platform available to all Customers at all times. This does not include temporary interruptions in the provision of Services due to normal maintenance work, system-independent faults on the Internet with external providers or with external network administrators, or in the event of force majeure. The Customer therefore has no claim to uninterrupted availability of the Platform at all times. Downtimes due to maintenance work are however to be kept to a minimum.

Article 15. Applicable law 

15.1 All agreements between SOUS (Acroya BV.) and the Customer, the use of the platform and everything related to it are governed exclusively by Dutch law. 

15.2 Disputes between the Parties will be resolved as much as possible by means of proper consultation. Any disputes between the Customer and SOUS (Acroya BV.) will be resolved exclusively by the competent court in the district where SOUS (Acroya BV.) has its registered office. 

Article 16. Survival

16.1 The provisions of these general terms and conditions and of the agreement that are intended to continue in effect after the agreement has been terminated, including but not limited to Article 7 (Liability), Article 14 (Management), Article 15 (Applicable law) and this provision (Survival), will continue to apply in full after the agreement has been terminated. 

Article 17. Amendments or supplements

17.1 SOUS (Acroya BV.) is entitled to amend or supplement these general terms and conditions unilaterally. In that case, SOUS (Acroya BV.) will give the Customer timely notice of the amendments or additions. 

CHAPTER II - PROCESSOR AGREEMENT PROVISIONS

Article 18. Processing of Personal Data

18.1 Should SOUS (Acroya BV.) be regarded as a processor within the meaning of Article 4(8) of the General Data Protection Regulation (AVG), Articles 18 to 21 inclusive of these general terms and conditions will qualify as agreements to be made in accordance with Article 28(3) of the General Data Protection Regulation (AVG).

18.2 SOUS (Acroya BV.) will process personal data on behalf of the Customer. Among other things, SOUS (Acroya BV.) will process the personal data of the Customer's customers, such as: name, address, place of residence, telephone number, email address and salutation.

18.3 SOUS (Acroya BV.) will process personal data of the Customers in order to perform the agreement concluded with the Customer.

18.3 Such data will never be the property of SOUS (Acroya BV.). Data that the Customer provides for the above purposes will remain the Customer's property.

18.4 SOUS (Acroya BV.) will not process the personal data for longer than the duration of the agreement unless the Customer has given an explicit instruction to that effect in writing. 

18.5 If, in the opinion of the Customer, certain personal data should or must no longer be kept, SOUS (Acroya BV.) will, at the Customer's request in writing, immediately destroy the personal data in question specified by the Customer and will declare to the Customer in writing that it has done so. 

Article 19. Execution Processing

19.1 SOUS (Acroya BV.) is only responsible for the processing of personal data that is processed in the context of the Services offered under the conditions laid down in these general terms and conditions. SOUS (Acroya BV.) is explicitly not responsible for any other processing of personal data. 

19.2 Unless it has obtained the Customer's express prior consent in writing and unless it complies with legal requirements, SOUS (Acroya BV.) will not process any personal data in countries outside the European Economic Area ('EEA').

19.3 SOUS (Acroya BV.) will keep the personal data concerning the Customer separate from the personal data that it processes for itself or on behalf of Third Parties

19.4 SOUS (Acroya BV.) will process the personal data in a proper and careful manner and in accordance with SOUS (Acroya BV.)'s obligations under the privacy legislation, including European Regulations and the AVG. 

Article 20. Security

20.1 In accordance with Article 32 of the AVG SOUS (Acroya BV.) will take all appropriate technical and organizational measures to secure personal data against loss or any form of unlawful processing. These measures will be in line with the nature of the personal data to be processed, taking into account the costs involved and the state of the art.

20.2 SOUS (Acroya BV.) will make every effort to prevent and detect breaches of security in respect of the personal data as far as possible and, where appropriate, to take action against them.

Article 21. Duty to report

21.1 In the event of a security breach and/or a data leak as referred to in the Dutch Data Breach Notification Act (Wet meldplicht datalekken), SOUS (Acroya BV.) will inform the Customer as soon as reasonably possible. 

21.2 The duty to report will in any event include reporting the fact that there has been a leak or an incident, the (alleged) cause of the leak or the incident, the consequence that is known and/or to be expected as yet and the (proposed) solution. 

21.3 SOUS (Acroya BV.) will, if in its opinion this is necessary, inform those concerned and other Third Parties including the Personal Data Authority about a data leak or other incident. 

21.4 SOUS (Acroya BV.) is not permitted to provide information directly about a data breach or other incidents to Data Subjects or other Third Parties, except insofar as SOUS (Acroya BV.) is required to do so by law or has obtained permission from the Customer.