Terms of Service

Terms of Service

Last changes: 27 December 2019

Article 1 Definitions

1. Virtual Reality Lab is referred to as the service provider in these terms of service. The counterparty is referred to as the client.
2. Parties are the service provider and the client together.
3. The agreement refers to the service agreement between the parties. This agreement usually comes about because the client has accepted an offer from the service provider.

Article 2 Applicability of general terms of service

1. These terms of service apply to all offers, work activities, agreements, and deliveries of services by or on behalf of the service provider.
2. Deviation from these terms and conditions is only possible if the parties have explicitly agreed to it in writing.
3. The service provider is obliged to make its best efforts. The service provider does not have an obligation of result.

Article 3 Access to the service

1. The annual membership is valid from the date on which the service provider has created an account for the client up to the same date in the following year.
2. Each account for the Virtual Reality Learning HUB is intended for 1 person. It is not allowed to share 1 account with several people.
3. The Virtual Reality Learning HUB may occasionally be offline for maintenance or for some other reason.

Article 4 Manners

1. In the Virtual Reality Learning HUB, we treat each other with respect. There is room for healthy discussion, but on the internet, you always have to be careful about how you interact. It is harder to judge whether someone is joking. Each member takes this into account by not insulting or intimidating others, not using abusive words and not making unkind comments.
2. It is not allowed to post shocking, hateful and/or obscene content on the Virtual Reality Learning HUB.
3. If a member fails to respect the Terms of service, a warning is issued from the service provider. If a member repeatedly fails to respect Terms of service, the service provider has the right to remove this person from the Virtual Reality Learning HUB. In that case, there is no entitlement to reimbursement of membership for that year.

Article 5 Incorrect information

1. The service provider aims to give an accurate reflection of reality and to display correct prices on the website, in brochures, and in other communications. The client cannot assume that an agreement has been made with Virtual Reality Learning Lab based errors that are recognizable as programming or typing errors.
2. The service provider strives for web pages, brochures, and other information resources that are as up-to-date as possible. If, despite these efforts, the content is incomplete or incorrect, the service provider cannot accept liability for this.
3. The information and / or products on the website are offered without any form of guarantee and / or claim to correctness. The service provider has the right to change, remove or replace these materials without any notice.

Article 6 Payment

1. Invoices have a payment term of 14 days unless the parties have made different arrangements or a different payment term is stated on the invoice. If the client does not pay on time, he is in default. If the client remains in default, the service provider is entitled to suspend the obligations until the client has fulfilled its payment obligation.
2. If the client defaults, the service provider will proceed to recovery, after written and telephonic reminders. The costs with regard to that recovery will be borne by the client. If the client is in default, he will owe statutory (commercial) interest, extrajudicial collection costs and other damage to the service provider. The recovery costs are calculated on the basis of the Dutch Reimbursement decree for
   extrajudicial collection costs (Besluit vergoeding voor buitengerechtelijke incassokosten).
3. In the event of liquidation, bankruptcy, seizure or suspension of payment of the client, the claims of the service provider on the client are immediately due and payable.
4. If the client refuses cooperation in the execution of the assignment by the service provider, he is still obliged to pay the agreed price to the service provider.

Article 7 Execution of an assignment

1. The service provider carries out the assignment to the best of its knowledge and abilities and in accordance with the requirements of good workmanship.
2. The service provider has the right to have work performed by third parties.
3. Implementation takes place in mutual consultation and after written agreement and payment of any agreed advance.

Article 8 Amendment of the agreement

1. If, during the execution of the agreement, it appears that proper execution of the assignment needs a change or supplement the work to be performed, the parties will adjust the agreement accordingly in a timely manner and in mutual consultation.
2. If the parties agree that the agreement will be amended or supplemented, the time of completion of the implementation may be affected. The service provider will inform the client of this as soon as possible.
3. If the amendment or supplement to the agreement has financial and / or qualitative consequences, the service provider will inform the client about this in writing in advance.
4. If the parties have agreed on a fixed fee, the service provider will indicate to what extent the change or supplement to the agreement will result in this fee being exceeded.
5. Contrary to the provisions of the third paragraph of this article, the service provider may not charge additional costs if the change or supplement is the result of circumstances caused by the
   service provider.

Article 9 Force majeure

1. In addition to the provisions of Section 6:75 of the Dutch Civil Code, a failure on the part of the service provider to fulfill any obligation vis-à-vis the client cannot be attributed to the service provider in the event of circumstances independent of the choices and wishes of the service provider, as a result of which his obligations towards the client are wholly or partially prevented or as a result of which the fulfillment of the obligations cannot reasonably be expected from the service provider. These circumstances include non-performance by suppliers or other third parties, power failures, computer viruses, strikes, and work interruptions.
2. If a situation as referred to above occurs as a result of which the service provider cannot meet its obligations towards the client, those obligations will be suspended for as long as the service provider cannot meet its obligations. If the situation referred to in the previous sentence has lasted 14 calendar days, the parties have the right to terminate the agreement in writing, in whole or in part.
3. In the case as referred to in the second paragraph of this article, the service provider is not obliged to pay compensation for any damage, even if the service provider enjoys any advantage as a result of the force majeure situation.

Article 10 Transfer of rights

1. The rights of one of the parties in an agreement cannot be transferred without the prior written consent of the other party. This provision counts as a clause with property law effect, as referred to in Section 3:83, subsection 2, of the Dutch Civil Code.

Article 11 Liability for damage

1. The service provider is not liable for damage ensuing from this agreement unless the service provider caused the damage intentionally or with gross negligence.
2. In the event that the service provider owes compensation to the client, the damage is no more than the fee.

Article 12 Intellectual Property

1. Unless the parties have agreed otherwise in writing, the service provider retains all intellectual absolute rights (including copyright, trademark law, etc.) on all designs, drawings, writings, information on data carriers, offers, images, sketches, etc. This also applies for information shared on the service provider’s website.
2. The aforementioned intellectual absolute rights may not be copied, shown to third parties and / or made available or used in any other way without written permission from the service provider.

Article 13 Complaints

1. The service provider assumes that the client reports complaints about the work performed to the service provider. The service provider’s website (www.vrlearninglab.nl/klachtenprocedure) describes the manner in which the service provider will handle a complaint.
2. If a complaint is justified, the service provider is still required to perform the work as agreed on by the parties.

Article 14 Dispute Resolution

1. If a serious dispute should arise between the client and the service provider – in spite of the provisions of Article 12 regarding the handling of a complaint – such a dispute will be settled in accordance with the Arbitration Regulations of the Netherlands Arbitration Institute.

Article 15 Applicable law

1. Dutch law applies exclusively to this agreement between service provider and client. The Dutch court has jurisdiction.

Article 16 Confidentiality

1. All information provided by clients or participants, in particular business-sensitive information such as business situations, work processes, customer groups and strategies, is confidential for the service provider, its employees and teachers.

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Privacy Policy

Privacy Policy

Last changes: 25 December 2019

Privacy is very important to us and that is why we are as careful as possible in protecting the data that we manage. In this document, you can read how we collect data from customers and interested parties and what we then do with it.

Virtual Reality Learning Lab’s identity

At the Virtual Reality Learning Lab, we explore the value of Virtual and Augmented Reality for education. We do fundamental research, we teach research courses and we develop prototypes together with students. We share our knowledge and experience by organizing workshops, lectures and master classes for teachers, schools, publishers, libraries and training companies. In addition, we also develop VR & AR apps ourselves, we support students who want to get started with VR and we advise educational institutions and other organizations on developments in the field.

Subdivision

In the context of these activities, the Virtual Reality Learning Lab collects and manages personal data in a number of ways, which can be divided into three categories:

1. Data of people who are interested in our services, for sending newsletters and possibly for personal contact;
2. Data of customers;
3. Data of participants in our activities.

In this privacy statement, we will describe step-by-step how we collect and manage this data and when the data will be deleted.

Contact details

For questions about how we handle the information we collect, you can contact us.

Virtual Reality Learning Lab
PLNT Leiden
Langegracht 70
2312 NV Leiden
The Netherlands

Email: mail@vrlearninglab.nl
Tel.: +31 6 11952499

Data collection

When collecting data, we take into account the nature of the activity and what data is required for this. Below we describe which data we collect for each purpose.

1. Newsletter

Via our website, people can sign up for our newsletter. An email address is required and it is optional to enter a first and last name. We use these names to address people personally in newsletters or to check whether someone has previously subscribed to the newsletter with a different email address.

We also add people to our newsletter subscription list when they:

• have participated in one of our activities;
• have indicated that they wish to receive the newsletter when requesting a brochure;
• have a direct relationship with the Virtual Reality Learning Lab and have had direct contact with Robin de Lange or another employee.

2. Customers

We collect the e-mail address, name, and the company of a person who has contacted us. In addition, we also collect any additional contact details and their product preferences. The purpose of collecting this data is that we can make targeted contact at a later date.

3. Participants in our activities

When people register for one of our activities, we ask for more privacy-sensitive information, in addition to their name and address. This concerns their profession, specific tasks involved in that profession and dietary requirements. We collect this data to be able to offer tailor-made activities and to meet specific (diet) requirements. People who do not want or cannot leave this information with us are therefore unable to participate in an activity unless a less tailored workshop can be agreed upon. To participate in an activity, the contact details of the participant must, in any case, be provided to us, including their name, address, place of residence and email address at a minimum.

Storage of data

The data that we collect is stored by us and carefully managed. All persons from whom we have collected data are entitled to view, correct and delete their data. Requests for this can be sent to us by email.

Only employees of the Virtual Reality Learning Lab who need access to the stored personal data to perform their work have access to that data.

We use various applications for storing data, whereby we ensure that only employees that need the data to fulfill their duties have access to the data. These are employees of the Virtual Reality Learning lab and freelancers that work with us on a permanent basis.

We have a processor agreement with the companies with whom we exchange data or a processor agreement will be signed shortly.

Airtable

Airtable stores the information that (potential) customers provide in our forms. We have concluded a data processing agreement with Airtable.

Mailchimp

Mailchimp stores the information collected for sending the newsletter. We have concluded a data processing agreement with Mailchimp.

Google

We use Google Drive and Contacts to store personal data. In addition to normal personal data, this also includes special personal data, namely: dietary requirements and financial data. For these services, the general processor agreement found here applies.

Data usage

We use the collected data to a limited extent for automated decision making. When customers indicate that they want to receive our newsletter, their data is automatically transferred to Mailchimp, from where a number of follow-up emails are sent to the new newsletter subscriber.

Deletion of data

Personal data is not stored any longer than legally permitted. We also remove data that is no longer important to us.

All persons from whom we have collected data are entitled to view, correct and delete their data. Requests for this can be sent to us by email.

Objections

You can object to the processing of your personal data by sending us an email, to which we will send an answer within ten working days. In that email, we will indicate the consequences of not processing your data and the period within which we can delete any data that has already been collected.

If you have (implicitly) given your permission to process your data, it is possible to revoke it later. The same requirements apply as stated directly above.

Use of third-party software during courses

In the workshops that we offer, we use various software packages to create Virtual Reality experiences, such as Roundme and CoSpaces. The use of this software is not mandatory and can always be used with a temporary user account. We critically review the privacy conditions of external software, but cannot assume responsibility for the data retention policies applied by these companies.

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