Terms of Use incl. Data Processing Agreement

V25 06-02-2024 | 14:35:38

1 Applicability of terms of use

1.1 These Terms of Use of Kentaa BV, hereinafter referred to as Kentaa, apply to the use of Kentaa Go Crowdfunding (PLUS), Kentaa Go Event Fundraising (PLUS), Kentaa Go Peer-to-Peer Fundraising (PLUS), unless other terms and conditions have been agreed in writing between the Organisation and Kentaa. The terms of use of the Organisation are explicitly rejected.

1.2 These Terms of Use provide insight into the rights and obligations that the use of Kentaa Go Crowdfunding (PLUS), Kentaa Go Event Fundraising (PLUS) or Kentaa Go Peer-to-Peer Fundraising (PLUS) entails.

1.3 It is the responsibility of all parties involved to carefully read and accept these terms so that everyone is aware of the rights and obligations before subscribing to Kentaa Go Crowdfunding (PLUS), Kentaa Go Event Fundraising (PLUS) or Kentaa Go Peer-to-Peer Fundraising (PLUS). By subscribing in any way whatsoever, these terms of use are deemed to have been accepted.

2 Definitions

2.1 In these terms of use, the following definitions apply:

Terms of Use: These Kentaa Terms of Use, in the most recent version.
Payment Provider: Mollie BV, with offices in (1016 EE) Amsterdam at Keizersgracht 313, KvK number 30204462.
Kentaa: the private company with limited liability KENTAA BV, with offices in (6811 AD) Arnhem at Jansbuitensingel 29, KvK number 33141708.
SDOF: Stichting Derdengelden Online Fondsenverwerving, with offices in (6811 AD) Arnhem at Jansbuitensingel 29, KvK number 61828181.
Organisation: the foundation or association that has a valid subscription to the Product.
Kentaa Go Crowdfunding: a Kentaa web application for creating web pages that can be used for up to three simultaneous crowdfunding campaigns or as a general donation page. Kentaa bears the technical responsibility with regard to development, hosting and management and determines the functionalities of this application.
Kentaa Go Crowdfunding PLUS: the Kentaa Go Crowdfunding web application from Kentaa without limits and with a number of additional functionalities. Kentaa bears the technical responsibility with regard to development, hosting and management and determines the functionalities of this application.
Kentaa Go Event Fundraising: a Kentaa web application for creating web pages that can be used for a fundraising event of the Organisation. Kentaa bears the technical responsibility with regard to development, hosting and management and determines the functionalities of this application.
Kentaa Go Event Fundraising PLUS: the Kentaa Go Event Fundraising web application from Kentaa without limits and with a number of additional functionalities. Kentaa bears the technical responsibility with regard to development, hosting and management and determines the functionalities of this application.
Kentaa Go Peer-to-Peer Fundraising: a Kentaa web application for creating web pages that can be used for third-party fundraisers for the Organisation. Kentaa bears the technical responsibility with regard to development, hosting and management and determines the functionalities of this application.
Kentaa Go Peer-to-Peer Fundraising PLUS: the Kentaa Go Peer-to-Peer Fundraising web application from Kentaa without limits and with a number of additional functionalities. Kentaa bears the technical responsibility with regard to development, hosting and management and determines the functionalities of this application.
Product: collective name for the applications: Kentaa Go Crowdfunding, Kentaa Go Crowdfunding PLUS, Kentaa Go Event Fundraising, Kentaa Go Event Fundraising PLUS, Kentaa Go Peer-to-Peer Fundraising and Kentaa Go Peer-to-Peer Fundraising PLUS.
Website: The internet pages of the Products with the domain name kentaa.com/nl/de/org.uk/be.
Subscription: the subscription for the use of the Product by an Organisation.
Donor: any natural or legal person who makes a Donation to the Organisation on or via the Website.
Fundraiser Starter: any natural or legal person who has registered on the Website for the purpose of starting a fundraising campaign for an Organisation or for the purpose of registering for an Event of an Organisation.
Team: a group of one or more Fundraiser Starters.
Team Starter: any natural or legal person who has registered a team on the Website for the purpose of starting a fund-raising campaign for an Organisation or for the purpose of registering for an Event of an Organisation.
Landing Page: the subdomain on the Website and the associated (sub-)web pages that belong to an Organisation registered and permitted on the Product.
Project: a project for which the Organisation collects money via the Website.
Event: an event that is listed or started on or via the Website with which the participants raise funds for the Organisation through participation in that event.
Target Amount: the amount of money intended by the Organisation to be collected for a Project or Event, as determined by the Organisation.
Target Date: the date on which the Target Amount must be collected at the latest, if this applies to a Project, or the date on which the Event takes place.
Project Page: a web page under the Landing Page that contains information about the Project or Event including the Target Amount, Target Date, the number of Fundraiser Starters and the total Donation amount collected.
Team Page: a web page under the Landing Page or Project Page created by a Team Starter via the Website for the purpose of a fund-raising campaign. This Team page contains information about the Team, such as the amount of money Team Starter aims to collect with the fundraiser, and a registration option for team members.
Fundraiser Page: a web page under the Landing Page, Project Page or Team Page created by an Fundraiser Starter via the Website for the purpose of a fund-raising campaign. This Fundraiser Page contains personal information of the Fundraiser Starter, such as the amount of money the Fundraiser Starter aims to collect with the fundraiser.
Donation: the transfer of a sum of money by a Donor to an Organisation on the Landing Page, Project Page, Team Page or Fundraiser Page.
Donation Amount: the total amount that a Donor pays via the Website.
Enrolment Fee: the total amount that an Fundraiser Starter pays for the registration for an Event.
Web Shop Fee: the total amount that an Fundraiser Starter pays when registering for an Event for an item that can be ordered when registering.
Registration Procedure: The online procedure to be performed on the Website to subscribe to the Products as an Organisation.
Payment Provider Fees: the fees that Payment Provider charges per transaction for facilitating online payments via the Website.
Voluntary Contribution to Platform Costs: the additional amount that Donors pay as a contribution to Kentaa's costs for the hosting, support and further development of the Product and Kentaa's services to the Organisations that use the Product.
Dashboard: the secure web tool through which the Organisation can manage its Landing Page and the Project Pages, Team Pages and Fundraiser Pages thereunder. The Dashboard also provides access to the usage data of these pages and gives access to SUMO and all information about the Donations to the Organisation, including personal data of Donors, Team Starters, Fundraiser Starters, participants in events and interested parties who have, for example, subscribed to a newsletter.
SUMO: the online support centre within the Dashboard with information about the working methods of the functionalities of the Product.
Personal Data: any data concerning an identified or identifiable natural person within the meaning of the General Data Protection Regulation that Kentaa obtains from or in connection with the performance of its services through the Organisation as a controller.
GDPR: the General Data Protection Regulation - EU 2017/679. Kentaa guarantees that its operations comply with this. Further agreements are described in the Processor Agreement that is included in Article 16 of these Terms of Use.
Privacy Guarantee: quality certification of the DDMA, the industry association for organisations that engage in dialogue marketing and online interaction. Kentaa has held this quality certification since July 2017. This guarantees that Kentaa's business operations comply with the rules of the Privacy Guarantee with regard to the processing of personal data for advertising and marketing purposes. Also see www.privacywaarborg.nl.

3 General

3.1 With the Product, Kentaa aims to help European Organisations raise funds. The Kentaa team works daily on a shared passion: Kentaa wants as many people as possible to enjoy raising money. The goal is to give everybody an opportunity for a good life and to make the world better together. With the Product, Kentaa offers an innovative online tool to earn income as an Organisation.

3.2 The Product can only be used by Organisations in Europe with a non-profit objective and who are registered with a Chamber of Commerce. Dutch organisations must have an 'ANBI-status'. This means that the money collected by the Organisation through the Product must have a direct relationship with a social benefit and must not have a relationship with a personal gain or otherwise have a commercial purpose. For organisations that are not registered in Europe or have their headquarters there, the Product is not available.

3.3 An organisation that enters into a Subscription to the Product via an online registration can create a Landing Page electronically.

3.4 In order to be considered an Organisation and be admitted to the Website with a Landing Page, an Organisation must have successfully completed the Registration Procedure.

3.5 The Donor may pay a Donation Amount via the Website via the following online payment methods, which are facilitated by Payment Provider:

iDEAL (The Netherlands)
PayPal
MasterCard
Visa
American Express
eMaestro
Bancontact/Mister Cash (Belgium)

3.6 For each Donation, at least the following information is stored within the Product:

Date and time of Donation
Name and email address of Donor
Donation Amount
Payment Provider Fees (incl. VAT)
Payment status
Payment method
Organisation to which the Donation is linked
Project to which the Donation is linked (if applicable)
Fundraiser page to which the Donation is linked (if applicable)

3.7 This donation information is always accessible to the Organisation through the Dashboard. Both Kentaa and the Organisation comply with the GDPR and other applicable laws and regulations with regard to the protection of Personal Data when processing the use of these (personal) data.

4 Functionality

4.1 Part of the Dashboard is a Content Management System (CMS). Through this CMS, the Organisation can create a navigation menu for the Landing Page and any pages below it. This navigation menu can consist of two levels: main and subpages.

4.2 Another part of the Dashboard is the Settings module. Within this module, many parameters of the website or parts of the website can be customised, such as target amounts, enrolment fees, rewards linked to donation amounts, proposed donation amounts and default settings for Team Pages and Fundraiser Pages.

4.3 The Product has an "auto email" module. This module sends automatic emails to site administrators and/or project managers and/or Team Starters and/or Fundraiser Starters and/or Donors at certain events on the Organisation's web pages, such as when receiving a donation or achieving a target amount. Any type of email can be turned on or off via the Kentaa Dashboard.

4.4 Inside the Dashboard, summaries are available with the information of all created Fundraisers, Teams, Projects, Participants, news subscriptions and Donations.

4.5 The SUMO, which is available within the Dashboard, describes all functionalities in more detail with an explanation of how they can be used.

4.6 The Product Kentaa offers to the affiliated Organisation is "as is". Kentaa determines how the Products function and cannot guarantee that the Products function fully in accordance with the wishes of the Organisation. In the event of any discussion about the services provided or the content and operation of the Products, the affiliated Organisation may be deactivated if it does not agree with the way the Product works. However, costs and amounts already paid for the Product will remain due. Kentaa does not refund in the event of interim deactivation.

4.7 Kentaa reserves the right to change, extend or terminate the Product and the functioning of the Website and will endeavour to inform the affiliated Organisations of such an adjustment of the service(s) in a timely manner.

4.8 Kentaa does not guarantee any chance of success with the use of the Product.

4.9 Kentaa is not liable for the risks associated with the start of a fundraising campaign by a Team Starter or Fundraiser Starter or making a Donation via the Landing Page.

5 Payments and regulations

5.1 The Payment Provider's Third-Party Funding Account and SDOF's Third-Party Funding Account are used for the Donations made via the Website. SDOF receives, from the Payment Provider's Third-Party Funding Account, all Enrolment Fees, Webshop Fees, Donation Amounts and Voluntary Contributions Platform Fees with deduction of the Payment Provider Fees. SDOF pays all Subscription Fees, Webshop Fees and Donation Amounts monthly, net of the Payment Provider's Fees, to the Organisations via its Third-Party Funding Account on the basis of the stored information of the Donations.

5.2 Kentaa (and SDOF) is listed as an exempt payment service provider in the public register of DNB (De Nederlandsche Bank).

6 General Information for Kentaa Go Crowdfunding

6.1 If Kentaa Go Crowdfunding is used, the Organisation will have a Landing Page available. The Landing Page is the general page on the Organisation's Website.

6.2 Through the Dashboard, the Organisation can create up to three Project Pages under this Landing Page. A Project page can be set up for a crowdfunding campaign with a Target Amount, Target Date and Rewards to be set for Donors. On the Landing Page and Project Pages, the web visitor can make a Donation online.

7 General Information for Kentaa Go Crowdfunding

7.1 Kentaa Go Crowdfunding PLUS is equal to Kentaa Go Crowdfunding where there is no restriction on the number of Project Pages that can be created by the Organisation.

7.2 Kentaa Go Crowdfunding PLUS also offers additional functionalities compared to Kentaa Go Crowdfunding described in SUMO.

8 General Information for Kentaa Go Event Fundraising

8.1 If Kentaa Go Event Fundraising is used, the Organisation will have a Landing Page available. The Landing Page can be set up by the Organisation for an Event.

8.2 To raise funds through an event, Kentaa Go Event Fundraising has the functionality to collect the registration fee. One registration option (read: fee) is possible.

8.3 On the Landing Page, the web visitor can make a Donation online or register for the Organisation's Event.

8.4 A maximum of 50 participants can register. Participants can register as a team or individually. Each participant immediately creates an Fundraiser Page and, if necessary, a Team Page with which sponsorship money can be raised when registering.

8.5 On an Fundraiser Page or Team Page, the web visitor can make a Donation online. On a Team Page, you can also register as a team member for the Organisation's Event.

9 General Information for Kentaa Go Event Fundraising PLUS

9.1 Kentaa Go Event Fundraising PLUS is equal to Kentaa Go Event Fundraising where there is no restriction on the number of participants. In addition, an unlimited number of different enrolment options with different enrolment fees can also be used.

9.2 Kentaa Go Event Fundraising PLUS also offers additional functionalities compared to Kentaa Go Event Fundraising described in SUMO.

10 General Information for Kentaa Go Peer-to-Peer Fundraising

10.1 If Kentaa Go Peer-to-Peer Fundraising is used, the Organisation will have a Landing Page available. The Landing Page can be set up by the Organisation as a homepage for an online fundraiser platform.

10.2 With Kentaa Go Peer-to-Peer Fundraising, the Organisation facilitates the fundraising campaigns initiated by the supporters for the Organisation. These Fundraiser Starters can register their fundraiser on the website and create a web page (the Fundraiser Page) with information about their fundraiser. If an fundraiser is set up in a group context, a Team Page can be created for this purpose. This Team Page is linked to the Team Members' Fundraiser Pages.

10.3 On the Landing Page, the web visitor can make a Donation online or initiate a fundraiser for the Organisation.

10.4 A maximum of 50 Fundraiser Pages can be created.

10.5 On an Fundraiser Page or Team Page, the web visitor can make a Donation online. On a Team Page, you can also register as a team member and create a personal Fundraiser Page.

11 General Information for Kentaa Go Peer-to-Peer Fundraising PLUS

11.1 Kentaa Go Event Fundraising PLUS is equal to Kentaa Go Event Fundraising where there is no restriction on the number of participants. In addition, an unlimited number of different enrolment options with different enrolment fees can also be used.

11.2 Kentaa Go Event Fundraising PLUS also offers additional functionalities compared to Kentaa Go Event Fundraising described in SUMO.

12 Helpdesk and support

12.1 Organisations with an ongoing subscription to the Product can contact the Kentaa Support Desk in case of questions or malfunctions. The Kentaa Support Desk is staffed on working days during office hours (09:00 – 17:00). The Kentaa Support Desk can be contacted:

Via email: support@kentaa.nl

13 Expenditure

13.1 The costs for the use of the Product consist of:

Costs for Subscription to the Product
Payment Provider Transaction Fees

13.2 Kentaa does not charge any fees for the Subscription to Kentaa Go Crowdfunding, Kentaa Go Event Fundraising and Kentaa Go Peer-to-Peer Fundraising.

13.3 The Payment Provider Fees will be charged per successful transaction, and amounts incl. 21% VAT:

These rates are subject to price changes by the Payment Provider and PayPal. Kentaa reserves the right to implement any price changes of the Payment Provider and/or PayPal with immediate effect and to make them applicable to the Organisation. Kentaa will inform the Organisation about this.

13.4 The total fees from Kentaa for the Subscription to Kentaa Go Crowdfunding PLUS, Kentaa Go Event Fundraising PLUS and Kentaa Go Peer-to-Peer Fundraising PLUS are:

	Kentaa Go Crowdfunding PLUS	Kentaa Go Event Fundraising PLUS	Kentaa Go Peer-to-Peer Fundraising PLUS
Fees per month:	€ 81.82	€ 81.82	€ 81.82
VAT 21%	€ 17.28	€ 17.28	€ 17.28
TOTAL	€ 99.00	€ 99.00	€ 99.00

13.5 For payment of the Subscription, the options include:

Payment per month
Payment per year
Payment per three years

14 Voluntary Contribution to Platform Costs

14.1 The donation form asks Donors to make a voluntary financial contribution to Kentaa for its services to the Organisation. This may be a percentage of the Donation Amount, a fixed amount of your choice or no contribution.

14.2 The Voluntary Contribution to Platform Costs is added to the Donation Amount and paid by the Donor via the Payment Provider's payment system.

14.3 Kentaa receives the Voluntary Contribution to Platform Costs via the Payment Provider and pays 21% VAT on this.

14.4 The Voluntary Contribution to Platform Costs is available to the Donor on the proof of payment that the Donor receives by email after payment. This states the VAT.

15 Registration procedure

15.1 In order to be admitted to the Product as an Organisation, the Organisation must accept these Terms of Use via the Website and provide the following registration information:

Description and address details of the Organisation;
Name of the contact person for the Organisation;
Telephone number and one working email address for correspondence with the Organisation regarding the Product. This email address is also the login account for the Dashboard.

This information is requested in the online registration form for the Product.

15.2 After completing the online registration form, the Landing Page of the Organisation is automatically created, and the Organisation receives the login details for the Dashboard by email in order to be able to use the Product.

15.3 Kentaa checks all registrations for the Product afterwards. An Organisation may be denied access to the Product by Kentaa if the condition of Article 3.2 of these Terms of Use is not met or if the activities of the Organisation conflict with Kentaa's ethical standards and values. Kentaa takes a unilateral decision on the admission against which no objection can be raised.

15.4 Before a donation can be made online on the Landing Page, the contact details and the IBAN number of the Organisation must be entered via the Dashboard and a number of documents must be uploaded. This is necessary to comply with the laws and regulations regarding online payment transactions.

15.5 The following documents must be uploaded by the Organisation via the Dashboard:

copy of extract from the Chamber of Commerce (not older than 3 months);
copy of the bank statement of the Organisation (not older than 3 months) with the IBAN number clearly stated on it. The name of the Organisation on the bank statement must correspond to the information in the extract from the Chamber of Commerce. The Organisation's treasurer or chairman must sign the bank statement and must include their name and job title;
copy of valid proof of identity of the chairman and treasurer of the foundation/association in accordance with the information on the extract from the Chamber of Commerce. In the event of joint signing authority, copies of valid identity documents of all persons whose signatures are required for a valid signature must be uploaded, whereby Kentaa accepts that the passport photo and the BSN number have been rendered unreadable on the copies to be delivered;
copy of the foundation's or association's articles of association.

15.6 Only when the documents referred to in Article 15.5 have been uploaded and checked and approved by Kentaa for accuracy and completeness has the registration procedure been completed and can donations be made to the Organisation via the Website and will donation funds be paid out.

15.7 The Organisation is responsible for keeping the correspondence and other data up to date via the Dashboard.

15.8 The Organisation determines the login code (username and associated password) for the Dashboard via the Login procedure. This login code is used to manage the Landing page and associated pages via the Dashboard and to view data relating to web visits and donations. It is not permitted to transfer the login code or to allow it to be used by other Organisations or third parties. Kentaa reserves the right to change/withdraw the login code under special or unforeseen circumstances without being obliged to pay any compensation after having informed the affiliated Organisation.

15.9 Kentaa has the right to withdraw the Subscription of the Organisation after registration without being obliged to pay any compensation in case of fraud. In that case, Kentaa will delete all content posted by the Organisation on the Website.

16 Duration, suspension and termination of subscription

16.1 The Subscription to the Product is a continuous Subscription with the possibility for both parties to cancel it with immediate effect.

16.2 The contact person of the Organisation as known to Kentaa may terminate the Subscription by sending an email to support@kentaa.nl with at least the following information:

Name of the Organisation;
Web address of the Landing page;
Reason why the Organisation wishes to cancel the Subscription;
Desired termination date.

16.3 In the case of Kentaa Go Crowdfunding PLUS, Kentaa Go Event Fundraising PLUS or Kentaa Go Peer-to-Peer Fundraising PLUS, the Organisation can choose a Subscription Period of one month, one year or three years from the day on which the first Subscription Period commences via the Dashboard. If the Subscription has not been cancelled by at least one month before the end of a period, it will be automatically extended by the same period.

16.4 In the event of a Subscription to Kentaa Go Crowdfunding PLUS, Kentaa Go Event Fundraising PLUS or Kentaa Go Peer-to-Peer Fundraising PLUS, Kentaa will not refund any part of any previous payment of the Subscription after termination of the Subscription by the Organisation.

16.5 Kentaa is entitled to terminate the Subscription to the Organisation to Kentaa Go Crowdfunding, Kentaa Go Event Fundraising and Kentaa Go Peer-to-Peer Fundraising:

If no donation has been received by the Organisation after the registration procedure in one calendar month;

or:

If no donation has been received by the Organisation during a consecutive period of two calendar months.

16.6 Prior to the termination of the Subscription by Kentaa as a result of the provisions of Article 16.6, the Organisation will receive an email from Kentaa with the option to prevent the termination of the Subscription.

16.7 Kentaa is entitled to change the price model of the Product as described in Articles 13 and 14. If Kentaa makes use of this right, Kentaa will inform all Organisations with an ongoing Subscription of this change no later than two months before the month in which the new pricing model takes effect. The Organisation has the right to terminate the Subscription free of charge. In the event that the Organisation has a Subscription to Kentaa Go Crowdfunding PLUS, Kentaa Go Event Fundraising PLUS or Kentaa Go Peer-to-Peer Fundraising PLUS in which the Subscription has been prepaid by the Organisation for more than two months, Kentaa will refund the prepaid amount for the Subscription to the Organisation upon termination of the Subscription by the Organisation as a result of the changed pricing model.

16.8 The cancellation of a Subscription by the Organisation will be confirmed by Kentaa within 5 business days after receipt by Kentaa by email indicating the end date of the Subscription. The Subscription will then be terminated by Kentaa on the specified date in the manner described under Article 16.12 of these Terms of Use.

16.9 Kentaa and the Organisations (Parties) may, with immediate effect and without notice of default, notify in writing (including by email) that they will terminate the Subscription and suspend their obligations if:

the other party fails to fulfil its obligations under the Terms of Use, fails to do so in a timely or incomplete manner and continues to be in default after having been summoned and being given a period of at least 7 days to fulfil its obligation;
after the Subscription becomes active, the other party becomes aware of facts or circumstances that give good reason to fear that the Organisation will not comply with the obligations under these Terms of Use;
circumstances arise of such a nature that compliance with these Terms of Use or the unaltered maintenance of the Subscription cannot reasonably be expected of the other party;
the other party has unlawfully placed information on the Website. This includes the dissemination of pornographically or ethically irresponsible material, which in any case but not exclusively should be understood as material that impairs the dignity of minors or impairs the right to private life and/or human dignity as well as material that expresses or incites discrimination;
After receiving complaints from Donors and/or receiving other relevant and reliable information, Kentaa has reasonable doubts about the reliability of the Organisation and suspects fraud with regard to the Donation Funds that the Organisation receives via the Website;
bankruptcy of the other party has been requested or a request for suspension of payment or admission to the statutory debt restructuring scheme has been submitted with regard to the other party.

16.10 If Kentaa or the Organisation terminates the Subscription on one of the grounds stated in Article 16.9 of these Terms of Use, these Terms of Use remain fully applicable to the relationship between the parties.

16.11 If Kentaa terminates the Subscription on one of the grounds stated in Article 16.9 of these Terms of Use, Kentaa is in no way obliged to pay any compensation for costs incurred in any way whatsoever as a result of the termination(s) and/or reimbursement of Subscription paid by the Organisation.

16.12 After termination of the Subscription, Kentaa is entitled to deny the Organisation access to the Website and to delete the Landing Page, Project Page(s), Fundraiser Page(s) of the Organisation including the content posted by the Organisation. Donation earnings received after the end of the Subscription and received via the Landing Page of the Organisation will be paid by Kentaa to the Organisation in accordance with the provisions of these Terms of Use. Within 3 months after the end of the Subscription, Kentaa will irreversibly delete all data of Donors and Promotional Starters that the Organisation has acquired with the Product in its database in accordance with the Processor Agreement that is included in Article 20.

17 Collection of Subscription for Kentaa Go Crowdfunding PLUS, Kentaa Go Event Fundraising PLUS or Kentaa Go Peer-to-Peer Fundraising PLUS

17.1 Payment of the Subscription for the first period must be made by the Organisation when concluding the Subscription within the Dashboard via iDEAL or credit card.

17.2 By paying for the first period, the Organisation grants Kentaa permission to then automatically debit the Subscription costs from the bank account or credit card account with which the first period was paid.

17.3 In the event of a selected Subscription Period of one month, Kentaa will charge the relevant monthly amount on the first day of the relevant monthly period.

17.4 In the event of a selected Subscription Period of one year or three years, Kentaa will charge the relevant annual amount on the first day of the relevant year.

17.5 If the bank details or credit card details of the Organisation change (as a result of which Kentaa cannot automatically deduct the amount), the Organisation is obliged to pass this on to Kentaa by email to support@kentaa.nl before the end of the current Subscription period.

17.6 If Kentaa cannot automatically collect the monthly or annual amount, Kentaa will contact the contact person of the Organisation. If the payment is then not received, the Subscription will be terminated by Kentaa as described in Article 16 of these Terms of Use.

18 Monthly payout

18.1 Within four weeks of the end of a month, the donation income of the Organisation from the SDOF third-party funds account will be deposited into the bank account of the Organisation as specified in the Application Procedure and as described in Article 5 of these Terms of Use.

18.2 The donation income in a month is equal to the sum of Subscription Fees, Webshop Fees and Donation Amounts with deduction of the Payment Provider's fees as received by SDOF in the relevant month on its third-party funding account from the Payment Provider.

18.3 In the Dashboard, the Organisation can view the specification associated with the monthly payout. This specification contains all data relating to Enrolment Fees, Webshop Fees, Donation Amounts and Payment Provider Fees.

19 Intellectual property

19.1 The Website and the Product are protected by copyright. Kentaa is the holder of these rights, with the exception of the rights with regard to the data placed on the Landing Page and the pages thereunder. Reproduction or disclosure of the data on the website is not permitted.

19.2 The Organisation ensures that content posted by web visitors on the Website, Fundraiser Page or Landing Page does not infringe the copyrights of third parties. The Organisation indemnifies Kentaa against claims or suits of third parties in connection with infringements of copyrights.

20 Processor agreement

20.1 Via the Website, personal data of consumers (Personal Data) are acquired and stored in Kentaa's data files. The provisions of the General Data Protection Regulation - EU 2017/679 (GDPR) apply to the processing of Personal Data. The Organisation is considered the Controller under the GDPR and these Terms of Use. Kentaa is the Processor with regard to the processing of Personal Data on behalf of and on the instructions of the Organisation. Kentaa is only considered a processor for the processing of Personal Data that Kentaa needs to perform its services.

20.2 This Processor Agreement is an integral part of these Terms of Use. Upon acceptance of these Terms of Use, this Processor Agreement is deemed to have been accepted by the Organisation.

20.3 Kentaa processes the following personal data for the Controller (Organisation):

Name (of donors, fundraiser starters, participants);
Name and address (same);
Email address (same);
All other personal data acquired via a registration form established by the Controller (Organisation) via the Kentaa website;
Data related to transactions/donations/payments;
Data obtained from a Facebook profile if Fundraiser Starter chooses the option to create a login account for this Landing Page via Facebook on the Landing Page of the Organisation. This concerns the name, email address and profile photo of the Facebook profile;
Financial data (bank account number, credit card number);
Content of Fundraiser Starters, Team Starters and the Organisation posted on the Landing Page of the Organisation via the Dashboard.

A further specification of all Personal Data processed by Kentaa for the Organisation can be found in the Dashboard.

20.4 Controller (Organisation) has and maintains full control, responsibility and liability with regard to the processing of the Personal Data.

20.5 Kentaa processes the Personal Data in a proper and careful manner and in accordance with the provisions of the GDPR and other laws and regulations applicable to the processing of personal data and these Terms of Use.

20.6 The Controller (Organisation) has access to all Personal Data processed via the Dashboard. Kentaa will remove all Personal Data it processes for the Controller (Organisation) completely and irrevocably from dedicated servers and possibly hosted servers and from (internal) mailboxes within fourteen working days at the first request of the Controller (Organisation). Personal data will be deleted from backup copies and backup files within 30 days.

20.7 The Controller (Organisation) agrees that the term 'deletion of personal data’ includes: the deletion of all Personal Data in the databases acquired with Landing Page. This is an irreversible process. However, the data records remain with data for statistical purposes or data that must be registered on the basis of a legal obligation. The Personal Data in these data records are irreversibly replaced by the term 'anonymous’ (i.e. a form that can no longer be traced back to a natural person). The Controller (Organisation) agrees with this method of executing deletion requests from the Controller (Organisation). In the Dashboard, there is an overview of which Personal Data will be deleted (under Administration - > Personal Data). Kentaa is independently responsible for the further processing of all data that do not contain personal features. Kentaa only uses this anonymised data for statistical purposes.

20.8 No later than 3 (three) months and no sooner than within one month of termination of the Subscription (irrespective of the basis of the termination), Kentaa completely and irrevocably deletes all Personal Data processed for and on behalf of the Controller (Organisation), irrespective of whether the Controller (Organisation) has instructed the deletion of the data.

20.9 The Processor takes all appropriate technical and organisational measures to adequately secure Personal Data and keep them safe from loss or any form of careless, inexpert or improper use or processing, taking into account the state of the art. Kentaa ensures that the personnel involved in the processing of Personal Data are aware of Kentaa's obligations under these Terms of Use and are obliged to comply with them.

20.10 In the event that Kentaa detects a Data Breach, Kentaa will immediately - but no later than within 12 hours after detection - inform the Controller (Organisation) in detail of the Data Breach. Kentaa also then provides the Controller (Organisation) with all information relating to each Data Leak, including in any case the nature of the Data Leak, the quantity and categories of Personal Data that have or may have been affected by the Data Leak and the security measures taken to be able to stop the Data Leak. The Controller (Organisation) may under certain circumstances be obliged to report the Data Breach to the Dutch Data Protection Authority. Under no circumstances will Kentaa independently report any Data Leak to the Dutch Data Protection Authority. The Controller (Organisation) may under certain circumstances also be obliged to report the Data Breach to the Donors and Fundraiser Starters. Under no circumstances will Kentaa independently report any Data Leak to the Donors, Team Starters and Fundraiser Starters. Reporting a data breach to the Dutch Data Protection Authority and data subjects is an independent decision of the Controller (Organisation).

20.11 The Controller (Organisation) agrees to Kentaa engaging third parties in the performance of its work, being the Payment Provider and Amazon Web Services in Ireland. Amazon Web Services is a US contracting party, but hosting of the Kentaa platform takes place in Europe (Ireland) where Amazon Web Services is certified under the EU-US Privacy Shield https://www.privacyshield.gov/participant?id=a2zt0000000TOWQAA4). In addition, the Sendgrid web tools are used for sending automatic emails and Rollbar for incident detection. Sendgrid and Rollbar are US companies and are also certified under the EU-US Privacy Shield. For more information, see:

Amazon Web Services: https://aws.amazon.com/compliance/gdpr-center/;
Sendgrid: https://sendgrid.com/resource/general-data-protection-regulation/;
Rollbar: https://rollbar.com/compliance/gdpr/.

The same conditions as described in this Processor Agreement apply to relevant third parties when processing the Personal Data. Kentaa always remains the point of contact in the relationship between the parties and is fully responsible and liable for compliance with the provisions of this Processor Agreement and these Terms of Use.

20.12 Kentaa keeps the Personal Data hidden. Kentaa ensures that the Personal Data are not made available directly or indirectly to third parties. This requirement does not apply insofar as a legal provision or judgement requires any disclosure.

20.13 Kentaa ensures that the Data Subject can exercise all his or her rights under the GDPR within the meaning of the GDPR. Kentaa will further, at the first request of the Controller (Organisation) and as soon as possible but no later than five working days after a request has been made, proceed to:

The provision in writing of all necessary information that the Data Controller may need;
Improving, supplementing, deleting or screening off the Personal Data;
Providing the Personal Data of the data subject for the purpose of exercising the right to data portability;
Handling objections made by the Data Subject to the processing of his or her Personal Data.

Where, on the basis of applicable laws and regulations, it is not possible for Kentaa to fully implement a request by a data subject to exercise his or her rights with regard to the processing of his or her personal data, Kentaa will inform the Controller (Organisation) in a timely, complete and substantiated manner.

20.14 Kentaa has a documented information security policy for its operations. This includes, inter alia, the following organisational and technical security measures:

System management procedures: database, servers, tools;
Procedures for Data Leaks and all rights of Data Subjects arising from the GDPR;
Measures for security of LAN, computers, printers and NAS;
Procedures for the transport of data between Kentaa and the Controller;
Physical measures for access to office premises;
Security of employees' computers;
Measures against malicious software;
Automatic logging of data access;
Description of the roles and rights of the job profiles used within Kentaa;
Password policy;
Technical description of the operation of systems used by Kentaa products;
Guidelines for (temporary) employees;
Procedure for when an employee leaves the employment.

20.15 It is possible that the Website contains references (for example by means of a hyperlink, banner or button) to third-party websites. Kentaa does not have any control or influence on the content and policy of these websites. On these websites, the web visitor falls under the privacy rules of that site. Kentaa is not responsible for the content and operation of these websites and therefore accepts no liability whatsoever for the operation and handling of Personal Data by the (organisations behind) these websites.

21 Liability

21.1 Kentaa carefully compiles the Landing Page, Website and all associated web pages. Kentaa is dependent on third parties for the function and availability of and access to Landing Page and Websites. Kentaa is not liable for defects in the operation and accessibility of the Landing Page, Website and associated pages, unless the defects are demonstrably the result of intent or deliberate recklessness on the part of Kentaa.

21.2 The success of a campaign, team fundraiser and/or personal fundraiser and the receipt of donations via the Website is in the hands of the Organisation. Kentaa is not liable if a campaign, fundraising campaign, donation campaign and related fundraisers launched on the Landing Page prove to be unsuccessful or have proven to be unsuccessful and no donations are received by the Organisation, for example.

21.3 Kentaa pays the utmost attention to the reliability and timeliness of the data on the Website. However, inaccuracies and incompleteness may occur. Unless there is demonstrable intent or deliberate recklessness on the part of Kentaa, Kentaa is not liable for damage as a result of inaccuracies or incompleteness in the information offered, nor for damage that is the result of problems caused by, or inherent in, the dissemination of information via the internet, such as malfunctions or interruptions of or errors or delay in the provision of information or services by Kentaa or by the Organisation to Kentaa.

21.4 The texts posted on the Website regarding the Landing Page and pages thereunder only reflect the opinion of the Organisation itself and not that of Kentaa. Kentaa only has a facilitating role towards the Organisation. Kentaa does not give any opinion or guarantee on the chance of success of any Landing Page and the risks associated with making a Donation to an Organisation. Unless there is demonstrable intent or gross negligence on the part of Kentaa, Kentaa is in no way liable for this. A decision to make a Donation is therefore entirely at the expense and risk of the Donor and the Organisation.

21.5 Kentaa's liability is always limited to compensation for direct property damage. Kentaa is never liable for indirect damage, including loss of profit, missed savings, decreased goodwill, damage due to business interruption, damage as a result of third-party claims, loss of data and consequential damage.

21.6 Kentaa's total liability for any damage to the Organisation is limited to the amount that is paid in the respective case by Kentaa's liability insurer per damage causing event (a series of successive events counts as one event). If the liability insurer does not provide coverage for a claim, the liability is limited to the value of the agreement of an ongoing contract year.

21.7 Kentaa indemnifies the Organisation against and holds the Organisation harmless for all claims, actions and suits of third parties and for losses, damage or costs, including fines and periodic penalty payments of the Personal Data Authority that the Organisation incurs or suffers and that arise directly or indirectly from or in connection with a culpable shortcoming by Kentaa and/or its subcontractors in the fulfilment of its obligations under these Terms of Use and/or any violation by Kentaa and/or its subcontractors of the applicable legislation in the field of processing of personal data, including in any case the Wgbo and the GDPR.

21.8 Kentaa is entitled to change or delete the content of the Website at any time without giving prior notice and without being obliged to pay any damage compensation.

22 Complaints

22.1 Complaints can be sent by email to support@kentaa.nl. A response will follow within three working days, outlining the next steps. Kentaa will then endeavour to handle the complaint as soon as possible.

22.2 If a complaint concerns failure by an Organisation to fulfil its obligations towards a Donor, the Organisation will address this if, at Kentaa's sole discretion, Kentaa deems this necessary. However, Kentaa is in no way responsible for the fulfilment of the obligations of an Organisation.

22.3 Through the Dashboard, Kentaa keeps the affiliated Organisation informed of any changes to the Product.

22.4 Changes to Payment Provider Fees and charges for the Subscription fees are communicated to affiliated Organisations via the Dashboard and/or email by Kentaa at least two months before they take effect. If this is done via email, the email will be sent to the specified email address of the Organisation.

23 Applicable law and competent court

23.1 These Terms of Use and the legal relationship between Kentaa and the Organisation are governed by Dutch law. All terms used in these Terms of Use must be interpreted as terms governed by Dutch law.

23.2 All disputes arising from these Terms of Use will be submitted in the first instance to the Central Netherlands District Court, Arnhem.

24 Miscellaneous

24.1 These Terms of Use remain in force even after the Subscription is terminated, regardless of the basis for termination.

24.2 If a provision in these Terms of Use is void or voidable, Kentaa will replace this provision with a valid provision that is as similar as possible to the void or voidable provision. All other provisions of these Terms of Use remain fully applicable.

24.3 If there is ambiguity regarding the explanation of one or more provisions of these terms and conditions, or if there is a situation that is not regulated in these terms and conditions, the explanation must be in the spirit of these provisions.

24.4 Kentaa may amend or supplement these Terms of Use. In that case, Kentaa will inform the Organisation in writing (including: in electronic form) before the effective date of the relevant amendment to these Terms of Use and inform the Organisation of the date on which the new version of these Terms of Use becomes applicable to the relationship between Kentaa and the Organisation. The most current conditions can be consulted via the Dashboard.