Terms
Online-Personal-Trainer-Courses, EFAA and EFAA Educations, established and having its registered office at 6001 SJ in Weert at Houtstraat 14, hereinafter referred to as: EFAA, registered in the Trade Register of the Chamber of Commerce under number: 13035625. EFAA Educations is registered in the Trade Register of the Chamber of Commerce under number: 13035624 and writen in Netherlands as EFAA Opleidingen. Applicable from January 2004.
For the purposes of these general terms and conditions:
EFAA and EFAA educations: service and training organisation for the fitness and health industry for quality, continuity and structure.
EFAA service: training, conferences, trade journals, (interim) management advice, online portal and knowledge centre.
Article 1. Definition
1.1. Client: The party with whom EFAA has concluded an agreement, which is subject to these general terms and conditions and persons who use the services of EFAA/Online-Personal-Training-Courses.
1.2. Parties: EFAA, companies, individuals.
1.3. Companies: organisations affiliated with EFAA, which enables Affiliated Persons to use EFAA’s service
1.4. Individuals: Affiliated natural persons who are offered the Lifestyle Club website via the company or choose to do so independently.
1.5. Personal data: all information about a natural person
1.6. Processing: an operation or set of operations relating to personal data or a set of personal data, whether or not carried out by automated processes, such as the collection, recording, organisation, structuring, storage, updating or modification, retrieval, consultation, use, provision by transmission, dissemination or otherwise making available, alignment or combination, blocking, erasure or destruction of data.
1.7. Controller: a natural or legal person who determines the purpose of the processing of personal data;
1.8. Processor: a natural or legal person who processes personal data on behalf of the Controller
1.9. Data breach: Unlawful breach in connection with personal data:
1.10. Website: www.EFAA.nl, www.Leefstijlclub.nl and www.online-personal-trainer-courses.com
Article 2. Applicability of these terms and conditions
2.1. These terms and conditions apply to every offer, quotation and agreement between EFAA and a client, insofar as the parties have not expressly deviated from these terms and conditions in writing.
2.2. These terms and conditions also apply to all agreements with EFAA, for the execution of which third parties must be involved.
2.3. These terms and conditions apply to all agreements with EFAA/Online-Personal-Training-Courses concerning participation or assignment to hold courses, training and other forms of training, or advice in the broadest sense of the word.
2.4. These terms and conditions apply to all agreements with EFAA regarding participation or assignment to use the website www.leefstijlclub.nl, or advice in the broadest sense of the word.
2.5. Deviations from these terms and conditions are only binding if and insofar as they have been confirmed in writing by EFAA.
2.6. After termination of the Agreement, the current obligations of the Client as Processor, such as reporting data breaches, in which EFAA’s Personal Data are involved, and the obligation of confidentiality will continue.
2.7. In the event of any discrepancy between the general terms and conditions and the agreement between EFAA and the Client, the provisions of the relevant agreement shall prevail at all times.
Article 3. Quotes
3.1. All offers from EFAA are without obligation, unless a period for acceptance is mentioned in the quotation.
3.2. The prices in the aforementioned quotations are exclusive of VAT, unless otherwise indicated.
Article 4. Execution of the agreement
4.1. The client shall ensure that all data, which EFAA indicates is necessary or which the client should reasonably understand to be necessary for the execution of the agreement, is provided to EFAA in a timely manner.
4.2. If the data necessary for the execution of the agreement have not been provided to EFAA in a timely manner, EFAA has the right to suspend the execution of the agreement and/or to charge the client the additional costs resulting from the delay at the usual rates.
4.3. Agreements can be concluded in writing, by telephone and digitally.
4.4. EFAA is entitled to refuse a request to enter into an agreement without giving reasons.
Article 5. Contract duration; implementation period
5.1. The agreement is entered into for the duration of the training/workshop/congress and for memberships at least for one year and applies until written cancellation, unless the parties explicitly agree otherwise in writing.
5.2 The purchased online content / E-learning modules will remain available for 3 years (after activation date). After this time, no rights of access to the content can be claimed.
Article 6. Change of agreement / location
6.1. If during the execution of the agreement it appears that for proper execution it is necessary to modify or supplement the work to be performed, the parties will adjust the agreement accordingly in a timely manner and by mutual agreement.
6.2. If the parties agree that the agreement will be amended or supplemented, the time of completion of the execution may be affected. EFAA will inform the client as soon as possible.
6.3. If the amendment or addition to the agreement has financial and/or qualitative consequences, EFAA will inform the client in advance, as far as possible.
6.4. EFAA reserves the right to unilaterally change these terms of delivery.
6.5. EFAA has the right to terminate the agreement if two days before the start of the workshop/congress/training the number of registrations is less than the required number of clients of the workshop/congress/training. If unforeseen circumstances so warrant, EFAA reserves the right to make changes to the program. Unforeseen circumstances are circumstances of such a nature that further commitment of EFAA to the agreement cannot reasonably be required. This obligation expires when the change can be attributed to the client. The resulting damage will then be borne by the client. If the cause of the change can be attributed to EFAA, the resulting damage shall be borne by EFAA. If both parties are to blame for the change, both parties will each bear their own damages.
6.6. Changing the location, in case of insufficient participation, is not a reason for cancellation.
Article 7. Secrecy
7.1. Both parties are obliged to maintain the confidentiality of all confidential information that they have obtained from each other or from other sources in the context of their agreement. Information is considered confidential if this has been communicated by the other party or if this results from the nature of the information.
Article 8. Replacement
8.1. Instead of the notified client, the client may, in consultation, have another person participate in the workshop/congress/training, insofar as the replacement is communicated to EFAA (see also Art. 4.1) before the start date of the course. Replacement after the start of the workshop/congress/training is not allowed.
Article 9. Cancellation and relocation
9.1. Cancellation of the booked courses can only be done in writing. The following administration costs are associated with this:
- If the client terminates participation after the start or during the duration of the workshop/congress/training or otherwise does not participate, the client is not entitled to any refund or credit.
Article 10. Subscription cancellation
10.1. A subscription is tacitly renewed for one year, at the then applicable subscription price, unless the other party has cancelled the subscription in writing, subject to the applicable notice period of 1 month.
Article 11. Dissolution of the agreement
The agreement is dissolved and EFAA’s claims against the client are immediately payable in the following cases:
11.1. After the conclusion of the agreement, circumstances that give EFAA good reason to fear that the client will not comply with its obligations;
11.2. The client who causes such a nuisance or burden that it makes it difficult to carry out a workshop/conference/training can be excluded from participation by EFAA. All resulting costs shall be borne by the client.
11.3. EFAA has the right to refuse participation of the client – or the participant designated by the client – in a training course or to suspend the execution of the assignment, if the client has not fulfilled his payment obligations in time, see Article 13.
11.4. EFAA has the right to cancel the course or to refuse the participation of a client – or the participant designated by the client – the client is then entitled to a refund of the full amount paid by this to EFAA.
11.5 After the conclusion of the agreement, the client has 7 days cooling-off period to cancel the training without additional costs, only in writing. If you have attended a lesson day, you can no longer cancel the training regardless of the 7 days reflection period have not yet expired.
Article 12. Defects; complaint periods
12.1. A deficiency found in the implementation of the Agreement shall be reported to EFAA as soon as possible in order to enable it to reach an appropriate solution. If a shortcoming is not satisfactorily resolved, it must be submitted to EFAA in writing and reasoned within one month of the workshop/congress/training. The client will receive a response as soon as possible, but no later than within 30 days. If a response takes longer, we will inform the client in writing.
12.2 The Client may appeal in writing. We put the client in contact with an independent third party. The opinion of the independent third party is binding. Complaints are treated confidentially at all times and are stored for a maximum of 1 year.
Article 13. Payment
13.1. Payment (or first installment payment) must be made within 14 days of the invoice date, in a manner to be indicated by EFAA.
13.2. After the expiry of 14 days after the invoice date, the client is in default; from the moment of default on the due amount, the client owes interest of 1% per month, unless the statutory interest is higher, in which case the statutory interest applies.
13.3. In the event of liquidation, bankruptcy or suspension of payment of the client, efaa’s claims and the client’s obligations towards EFAA will be immediately due and payable.
13.4. Payments made by the client always serve to settle all interest and costs due in the first place, secondly, due and payable invoices that are open the longest, even if the client states that the payment relates to a later invoice.
13.5. Payment for participation in the workshops/congresses must be made in advance. If the client is in default, payment must be made in cash during the workshop/congress.
13.6 Participation in the training must be paid before the start of the lessons, unless payment has been agreed in instalments. In the latter case, the amount is increased by 5% and the entire amount must be paid within the time limits indicated on the invoice.
13.7. In the case of payment in instalments, two instalments must be paid before the start of the training. The total training costs must be paid within the time limits indicated on the invoice.
13.8. The examination costs must be paid at the same time as the first installment payment.
13.9. The exam and travel fees in connection with participation in a course are not included in the course fee, unless explicitly agreed otherwise in writing. The travel costs must be paid by the client himself.
13.10. If materials are to be received in advance, the training costs, including shipping costs in advance.
13.11. Re-examinations are charged extra and must be paid in advance. 13.9. Viewing the exam results is possible free of charge at EFAA in Weert. For personal explanations € 35,00 will be charged.
Article 14. Collection costs
14.1. If the client is in default of fulfilling one or more of his obligations, then all reasonable costs for obtaining payment out of court will be borne by the client. In any case, the client shall be liable:
- over the first € 2,500 > 15% minimum collection costs € 40,=, maximum € 375,=
- over the next € 2,500 > 10% maximum € 625
- over the next € 5,000 > 5% maximum € 875
- over the next € 190,000 > 1%, maximum € 2,775
- over the next € 800,000 > 0.5% maximum € 6,775
- above 0.0%.
14.2. If EFAA demonstrates that it has incurred higher costs, which were reasonably necessary, these are also eligible for reimbursement.
14.3. The other party is never entitled to set off the amount owed by it to EFAA.
14.4. Objections to the amount of an invoice do not suspend the payment obligation.
Article 15. Liability
15.1. EFAA undertakes to carry out the assignment to the best of its knowledge and ability.
15.2. EFAA, its employees are not liable for any damage – however named, whatever the cause – that the client may suffer by or during participation in the training or execution of the assignment, except for intent or gross negligence on the part of EFAA.
15.3. EFAA’s liability, insofar as it is covered by its liability insurance, is limited to the amount of the payment made by the insurer.
15.4. If in any case the insurer does not pay out, or damage is not covered by the insurance, EFAA’s liability is limited to the invoice value of the assignment, at least that part of the assignment to which the liability relates.
15.5. Contrary to the above provision in paragraph 15.4, in the case of an assignment with a duration longer than six months, the liability is further limited to the fee part due over the last three months.
15.6. EFAA is not liable for damage of any kind caused by EFAA based on incorrect and/or incomplete data provided by or on behalf of the other party.
15.7. EFAA is never liable for indirect damage, including consequential damage, lost profit, missed savings and damage due to business stagnation.
15.8. EFAA accepts no liability for personal injury or damage to property of clients, nor any liability as a result of events during the workshop/congress/training. If the workshop/congress/training does not take place in accordance with the expectations that the client could reasonably have under the agreement, the client is obliged to inform EFAA as soon as possible.
Article 16. Price
16.1. EFAA has the right to unilaterally adjust the prices of the agreement annually.
16.2. The prices stated in a quotation or offer are exclusive of VAT and other government levies, any costs to be incurred under the agreement, including travel and accommodation, shipping and administration costs, unless otherwise indicated.
Article 17. Invoicing
17.1. Subscriptions for which an annual price has been agreed will, unless otherwise agreed, be invoiced annually in the month before the subscription has started. Business subscriptions are collected annually or per month by direct debit.
Article 18. Transfer rights
18.1. The client is not permitted to transfer rights and/or obligations attached to an agreement to a third party without efaa’s prior written consent.
18.2. EFAA may transfer to a third party the rights and/or obligations it derives from the agreement. If such a situation occurs, the other party is entitled to cancel the subscription in writing with immediate effect.
Article 19. Protection
19.1. The client indemnifies EFAA against any claims of third parties, who suffer damage in connection with the execution of the agreement and whose cause is attributable to other than EFAA.
Article 20. Force majeure
20.1. Force majeure in these terms of delivery means – in addition to what is understood in the law and jurisprudence in this regard – any of EFAA’s will independent circumstances, all external causes, foreseen or not foreseen, over which EFAA cannot exert influence, which permanently or temporarily prevents EFAA from fulfilling the agreement, as well as to the extent that this does not already include war , danger of war, civil war, riot, strike, pandemic, epidemic, outbreak (examples: COVID-19, SARS, Bird flu, Q-fever, Mad cow disease), worker exclusion, transport difficulties, fire and other serious malfunctions within EFAA company or its suppliers/partners.
20.2 EFAA is not liable if a shortcoming is the result of force majeure. EFAA’s obligations shall be suspended during the period of force majeure. If the period in which due to force majeure the fulfilment of the obligations by EFAA is not possible lasts longer than six months, both parties are entitled to dissolve the agreement without judicial intervention, without any obligation to pay compensation in this regard.
20.3. If EFAA has already partially fulfilled its obligations upon the occurrence of force majeure, or can only partially fulfil its obligations, it is entitled to invoice the already executed or executable part separately and the client is obliged to pay this invoice as if it were a separate contract. However, this does not apply if the already executed or executable part does not have a stand-alone value.
Article 21. Disputes
21.1. Disputes arising from the agreements to which these terms and conditions apply will be subject to the competent court in the place or environment of EFAA’s establishment, subject to appeal. Nevertheless, EFAA has the right to subpoena its counterparty before the court competent under the law.
21.2. Dutch law applies to every agreement between EFAA and the client.
Article 22. Personal Data
22.1. EFAA Uses the personal data solely for administrative purposes and for the disclosure of other EFAA services.
22.2. Personal data will not be provided to third parties.
Article 23. Intellectual Property
23.1. The Client acknowledges that all intellectual property rights relating to the Websites, including but not limited to texts, images, design, formats and formulas, are vested in (licensors of) EFAA.
Article 24. Processing Personal Data
24.1. The client (company or individual) enters personal data into the website (name, address details, email address, telephone number, gender, date of birth and test data) for the performance of the EFAA services to the Affiliated Persons. If the client collects personal data other than those mentioned here, the client acts independently as Controller and the Client will have to comply with all requirements of the General Data Protection Regulation. Appendix 1 contains exactly which Personal Data the Client will process and for what processing purposes.
24.2. The client complies with the applicable regulations (General Data Processing Regulation).
24.3. All organisations that the Client engages in the processing of Personal Data of Affiliated Persons for the benefit of the member administration and accounting must at least comply with the requirements set out in these General Terms and Conditions.
24.4. If EFAA receives a request from an Affiliated Person who wishes to exercise his or her privacy rights (a request for access, improvement, addition, deletion or blocking, object to the processing of the personal data or a request for portability of his or her own Personal Data), the Client will cooperate within a period of 7 days.
Article 25. Securing Personal Data
25.1. The Client shall ensure that it adequately secures the Personal Data.
25.2. The Client will, if EFAA so requests, send EFAA, free of charge, a report containing the security measures taken and any points of attention and/or improvement.
25.3. EFAA is authorised to have an inspection or audit carried out at the Client to determine whether the processing of the Personal Data complies with the law and the agreements of this Processor Agreement. The Sports Centre will cooperate with this.
Article 26. ExportIng Personal Data
26.1. The Client may not have Personal Data processed by other persons, without having obtained prior written permission from EFAA.
26.2. In the event that the participant/user makes a request for access / improvement / addition / change with regard to his personal data, the Client will forward the request directly to EFAA and EFAA will further process the request. The Client will inform the relevant person.
Article 27. Data Breaches
27.1. In the event of a discovery of a possible Data Breach, the Client will inform efaa within 24 hours and keep it informed via info@efaa.nl and EFAA will provide the information indicated in Appendix 2, so that EFAA can report to the Supervisory Authority if necessary.
Article 28. Delete personal data
28.1. After the termination of the Agreement, the Client will destroy remaining Personal Data in a careful and secure manner.
28.2. At the request of the Client, EFAA will delete all stored data after the expiry of the agreement.
APPENDIX I: PROCESSING OF PERSONAL DATA AND PROCESSING PURPOSES
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Processing activities by Processor: |
Member administration and guidance with regard to members registered via the Lifestyle Club |
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Processing purposes: |
– Processing of test results |
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Controller: |
EFAA B.V. |
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Processor: |
The Client |
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Sub processors: |
None |
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Personal Data Processed: |
Name, Address, Email, Telephone Number, Date of Birth, Test Results and Gender |
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Location processing: |
Within the European Economic Area (EEA) |
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Retention period: : |
– Data may be stored for up to 12 months after deregistration, after which it must be anonymised |
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Location backups: |
Within the European Economic Area (EEA) |
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Backup retention period: |
Up to 1 year |
APPENDIX II: PROCESS FOR REPORTING DATA BREACHES AND THE INFORMATION TO BE PROVIDED
Security incidents and notification
A data breach is a security incident in which Personal Data, which the Processor manages on behalf of the Controller, may have been lost or inadvertently made accessible to third parties. It is legally required to keep a record of all Data breaches within an organization. In any case, it must state the details of the Data Breach, as well as the systems and the number of Data Subjects affected by the leak, and the consequences that the Data Breach had or has for the Data Subjects. Finally, the measures proposed or taken to address the Data Breach should be documented, including any measures taken to minimise the adverse effects.
The Processor must report a (potential) Data breach to the Controller within 24 hours, including the information, developments and measures taken. The Controller must then report the Data Breach to the Dutch Data Protection Authority in the event of a serious Data Breach.
Where to report a security incident?
If a security incident has been detected, contact EFAA directly at info@efaa.nl and 0495-533229. The following questions are the same as the information to be provided to the Dutch Data Protection Authority.
- Summarize the vulnerability/security incident/data breach: what happened? Please also include the name of the system in question.
- What types of personal data are involved in the security incident? Such as, but not limited to, name, address, e-mail address, IP number, passport photo and anyone else to be traced back to one person.
- How many persons are the personal data involved in the security incident? Please provide.b a minimum and maximum number of people.
- Are the contact details of the persons concerned known? It may be that data subjects need to be informed about the data breach, can we reach these people in that case?
- What is the root cause of the security incident? Do you have any idea how the security incident could have occurred?
- On what date or in what period has the security incident been able to take place? Please indicate this.b. as specific as possible.