Privacy Policy for Wild provocateur
At Wildprovocateur, accessible from www.wildprovocateur.com, one of our main priorities is the privacy of our visitors. This Privacy Policy document contains types of information that is collected and recorded by Wildprovocateur and how we use it.
If you have additional questions or require more information about our Privacy Policy, do not hesitate to contact us.
This Privacy Policy applies only to our online activities and is valid for visitors to our website with regards to the information that they shared and/or collect in Wildprovocateur. This policy is not applicable to any information collected offline or via channels other than this website. Our Privacy Policy was created with the help of the TermsFeed Privacy Policy Generator.
Consent
By using our website, you hereby consent to our Privacy Policy and agree to its terms.
Information we collect
The personal information that you are asked to provide, and the reasons why you are asked to provide it, will be made clear to you at the point we ask you to provide your personal information.
If you contact us directly, we may receive additional information about you such as your name, email address, phone number, the contents of the message and/or attachments you may send us, and any other information you may choose to provide.
When you register for an Account, we may ask for your contact information, including items such as name, company name, address, email address, and telephone number.
How we use your information
We use the information we collect in various ways, including to:
Provide, operate, and maintain our website
Improve, personalize, and expand our website
Understand and analyze how you use our website
Develop new products, services, features, and functionality
Communicate with you, either directly or through one of our partners, including for customer service, to provide you with updates and other information relating to the website, and for marketing and promotional purposes
Send you emails
Find and prevent fraud
Log Files
Wildprovocateur follows a standard procedure of using log files. These files log visitors when they visit websites. All hosting companies do this and a part of hosting services' analytics. The information collected by log files include internet protocol (IP) addresses, browser type, Internet Service Provider (ISP), date and time stamp, referring/exit pages, and possibly the number of clicks. These are not linked to any information that is personally identifiable. The purpose of the information is for analyzing trends, administering the site, tracking users' movement on the website, and gathering demographic information.
Cookies and Web Beacons
Like any other website, Wildprovocateur uses 'cookies'. These cookies are used to store information including visitors' preferences, and the pages on the website that the visitor accessed or visited. The information is used to optimize the users' experience by customizing our web page content based on visitors' browser type and/or other information.
For more general information on cookies, please read "Cookies" article from the Privacy Policy Generator.
Advertising Partners Privacy Policies
You may consult this list to find the Privacy Policy for each of the advertising partners of Wildprovocateur.
Third-party ad servers or ad networks uses technologies like cookies, JavaScript, or Web Beacons that are used in their respective advertisements and links that appear on Wildprovocateur, which are sent directly to users' browser. They automatically receive your IP address when this occurs. These technologies are used to measure the effectiveness of their advertising campaigns and/or to personalize the advertising content that you see on websites that you visit.
Note that Wildprovocateur has no access to or control over these cookies that are used by third-party advertisers.
Third Party Privacy Policies
Wildprovocateur's Privacy Policy does not apply to other advertisers or websites. Thus, we are advising you to consult the respective Privacy Policies of these third-party ad servers for more detailed information. It may include their practices and instructions about how to opt-out of certain options.
You can choose to disable cookies through your individual browser options. To know more detailed information about cookie management with specific web browsers, it can be found at the browsers' respective websites.
CCPA Privacy Rights (Do Not Sell My Personal Information)
Under the CCPA, among other rights, California consumers have the right to:
Request that a business that collects a consumer's personal data disclose the categories and specific pieces of personal data that a business has collected about consumers.
Request that a business delete any personal data about the consumer that a business has collected.
Request that a business that sells a consumer's personal data, not sell the consumer's personal data.
If you make a request, we have one month to respond to you. If you would like to exercise any of these rights, please contact us.
GDPR Data Protection Rights
We would like to make sure you are fully aware of all of your data protection rights. Every user is entitled to the following:
The right to access – You have the right to request copies of your personal data. We may charge you a small fee for this service.
The right to rectification – You have the right to request that we correct any information you believe is inaccurate. You also have the right to request that we complete the information you believe is incomplete.
The right to erasure – You have the right to request that we erase your personal data, under certain conditions.
The right to restrict processing – You have the right to request that we restrict the processing of your personal data, under certain conditions.
The right to object to processing – You have the right to object to our processing of your personal data, under certain conditions.
The right to data portability – You have the right to request that we transfer the data that we have collected to another organization, or directly to you, under certain conditions.
If you make a request, we have one month to respond to you. If you would like to exercise any of these rights, please contact us.
Children's Information
Another part of our priority is adding protection for children while using the internet. We encourage parents and guardians to observe, participate in, and/or monitor and guide their online activity.
Wildprovocateur does not knowingly collect any Personal Identifiable Information from children under the age of 13. If you think that your child provided this kind of information on our website, we strongly encourage you to contact us immediately and we will do our best efforts to promptly remove such information from our records.
GENERAL TERMS AND CONDITIONS Wild Provocateur
Definitions
Wild Provocateur: Wild Provocateur, established in Amsterdam, Chamber of Commerce no..
Customer: the party which Wild Provocateur has entered into an agreement with.
Parties: Wild Provocateur and customer together.
Consumer: a customer who is an individual acting for private purposes.
Applicability
These terms and conditions will apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of Wild Provocateur.
Parties can only deviate from these conditions if they have explicitly agreed upon in writing.
The parties expressly exclude the applicability of supplementary and/or deviating general terms and conditions of the customer or of third parties.
Prices
All prices used by Wild Provocateur are in euros, are VAT and exclusive of any other costs such as administration costs, levies and travel-, shipping- or transport expenses, unless expressly stated otherwise or agreed otherwise.
Wild Provocateur is entitled to adjust all prices for its products or services, shown in its shop, on its website or otherwise, at any time.
The price with regard to services is determined by Wild Provocateur on the basis of the actual working hours.
The price is calculated according to the usual hourly rates of Wild Provocateur, valid for the period in which he carries out the work, unless a different hourly rate has been agreed.
If the parties have agreed on a total amount for a service provided by Wild Provocateur, this is always a target price, unless the parties have explicitly agreed upon in writing on a fixed price, which cannot be deviated from.
Wild Provocateur is entitled to deviate up to 10% of the target price.
If the target price exceeds 10%, Wild Provocateur must let the customer know in due time why a higher price is justified.
If the target price exceeds 10%, the customer has the right to cancel the part of the order that exceeds the target price by 10%.
Wild Provocateur has the right to adjust prices annually.
Wild Provocateur will communicate price adjustments to the customer prior to the moment the price increase becomes effective.
The consumer has the right to terminate the contract with Wild Provocateur if he does not agree with the price increase.
Consequences of late payment
If the customer does not pay within the agreed term, Wild Provocateur is entitled to charge from the day the customer is in default, whereby a part of a month is counted for a whole month.
When the customer is in default, he is also due to extrajudicial collection costs and may be obliged to pay any compensation to Wild Provocateur.
The collection costs are calculated on the basis of the Reimbursement for extrajudicial collection costs.
If the customer does not pay on time, Wild Provocateur may suspend its obligations until the customer has met his payment obligation.
In the event of liquidation, bankruptcy, attachment or suspension of payment on behalf of the customer, the claims of Wild Provocateur on the customer are immediately due and payable.
If the customer refuses to cooperate with the performance of the agreement by Wild Provocateur, he is still obliged to pay the agreed price to Wild Provocateur.
Suspension of obligations by the customer
The customer waives the right to suspend the fulfillment of any obligation arising from this agreement.
Settlement
The customer waives his right to settle any debt to Wild Provocateur with any claim on Wild Provocateur.
Insurance
The customer undertakes to insure and keep insured the following items adequately against fire, explosion and water damage as well as theft:
goods delivered that are necessary for the execution of the underlying agreement
goods being property of Wild Provocateur that are present at the premises of the customer
goods that have been delivered under retention of title
At the first request of Wild Provocateur, the customer provides the policy for these insurances for inspection.
Guarantee
When parties have entered into an agreement with services included, these services only contain best-effort obligations for Wild Provocateur, not obligations of results.
Performance of the agreement
Wild Provocateur executes the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship.
Wild Provocateur has the right to have the agreed services (partially) performed by third parties.
The execution of the agreement takes place in mutual consultation and after written agreement and payment of the possibly agreed advance by the customer.
It is the responsibility of the customer that Wild Provocateur can start the implementation of the agreement on time.
If the customer has not ensured that Wild Provocateur can start the implementation of the agreement in time, the resulting additional costs and/or extra hours will be charged to the customer.
Duty to inform by the customer
The customer shall make available to Wild Provocateur all information, data and documents relevant to the correct execution of the agreement to in time and in the desired format and manner.
The customer guarantees the correctness, completeness and reliability of the information, data and documents made available, even if they originate from third parties, unless otherwise ensuing from the nature of the agreement.
If and insofar as the customer requests this, Wild Provocateur will return the relevant documents.
If the customer does not timely and properly provides the information, data or documents reasonably required by Wild Provocateur and the execution of the agreement is delayed because of this, the resulting additional costs and extra hours will be charged to the customer.
Duration of the agreement
The agreement between Wild Provocateur and the customer is entered into for an indefinite period of time, unless it results otherwise from the nature of the agreement or the parties have expressly agreed otherwise in writing.
If a fixed-term contract has been entered into, it will be tacitly converted into an open-ended contract at the end of the term, unless 1 of the parties terminates the contract with due observance of a notice period of 2 month(s), or if a consumer terminates the agreement with due observance of a notice period of 1 month / the agreement ends at the end of the fixed term.
If the parties have agreed upon a term for the completion of certain activities, this is never a strict deadline, unless specified explicitly otherwise in writing. If this term is exceeded, the customer must give Wild Provocateur a written reasonable term to terminate the activities, before it may either terminate the contract or claim damages.
Cancellation of the contract for an indefinite period of time
The customer can terminate an agreement that has been concluded for an indefinite period at any time with due observance of a notice period of 2 months.
A consumer has the right to terminate an agreement for an indefinite period with due observance of a notice period of 1 month.
Confidentiality
The client keeps any information he receives (in whatever form) from Wild Provocateur confidential.
The same applies to all other information concerning Wild Provocateur of which he knows or can reasonably suspect that it is secret or confidential, or of which it can expect that its disclosure may cause damage to Wild Provocateur.
The customer takes all necessary measures to ensure that he keeps the information referred to in paragraphs 1 and 2 secret.
The obligation of secrecy described in this article does not apply to information:
which was already made public before the customer heard this information or which later became public without being the result of a violation of the customer's duty to confidentiality
which is made public by the customer due to a legal obligation
The confidentiality obligation described in this article applies for the duration of the underlying agreement and for a period of 3 years after the end thereof.
Penalties
If the customer violates the articles of these general terms and conditions about secrecy or intellectual property, then he forfeits on behalf of Wild Provocateur an immediately due and payable fine of € 1000 if the customer is a consumer and € 5000 if the customer is a company, for each violation and in addition an amount of 5% of the aforementioned amount for each day that this violation continues.
No actual damage, prior notice of default or legal proceedings are required in forfeiting the fine referred to in the first paragraph of this article.
The forfeiture of the fine referred to in the first paragraph of this article shall not affect the other rights of Wild Provocateur including its right to claim compensation in addition to the fine.
Indemnity
The customer indemnifies Wild Provocateur against all third-party claims that are related to the products and/or services supplied by Wild Provocateur.
Complaints
The customer must examine a product or service provided by Wild Provocateur as soon as possible for possible shortcomings.
If a delivered product or service does not comply with what the customer could reasonably expect from the agreement, the customer must inform Wild Provocateur of this as soon as possible, but in any case, within 1 month after the discovery of the shortcomings.
Consumers must inform Wild Provocateur of this within two months after detection of the shortcomings.
The customer gives a detailed description as possible of the shortcomings, so that Wild Provocateur is able to respond adequately.
The customer must demonstrate that the complaint relates to an agreement between the parties.
If a complaint relates to ongoing work, this can in any case not lead to Wild Provocateur being forced to perform other work than has been agreed.
Giving notice
The customer must provide any notice of default to Wild Provocateur in writing.
It is the responsibility of the customer that a notice of default actually reaches Wild Provocateur (in time).
Joint and several Client liabilities
If Wild Provocateur enters into an agreement with several customers, each of them shall be jointly and severally liable for the full amounts due to Wild Provocateur under that agreement.
Liability of Wild Provocateur
Wild Provocateur is only liable for any damage the customer suffers if and insofar as this damage is caused by intent or gross negligence.
If Wild Provocateur is liable for any damage, it is only liable for direct damages that results from or is related to the execution of an agreement.
Wild Provocateur is never liable for indirect damages, such as consequential loss, lost profit, lost savings or damage to third parties.
If Wild Provocateur is liable, its liability is limited to the amount paid by a closed (professional) liability insurance and in the absence of (full) payment by an insurance company of the damages the amount of the liability is limited to the (part of the) invoice to which the liability relates.
All images, photos, colors, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot lead to any compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.
Expiry period
Every right of the customer to compensation from Wild Provocateur shall, in any case, expire within 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions in article 6:89 of the Dutch Civil Code.
Dissolution
The customer has the right to dissolve the agreement if Wild Provocateur imputably fails in the fulfillment of his obligations, unless this shortcoming does not justify termination due to its special nature or because it is of minor significance.
If the fulfillment of the obligations by Wild Provocateur is not permanent or temporarily impossible, dissolution can only take place after Wild Provocateur is in default.
Wild Provocateur has the right to dissolve the agreement with the customer, if the customer does not fully or timely fulfill his obligations under the agreement, or if circumstances give Wild Provocateur good grounds to fear that the customer will not be able to fulfill his obligations properly.
Force majeure
In addition to the provisions of article 6:75 Dutch Civil Code, a shortcoming of Wild Provocateur in the fulfillment of any obligation to the customer cannot be attributed to Wild Provocateur in any situation independent of the will of Wild Provocateur, when the fulfillment of its obligations towards the customer is prevented in whole or in part or when the fulfillment of its obligations cannot reasonably be required from Wild Provocateur.
The force majeure situation referred to in paragraph 1 is also applicable - but not limited to: state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); defaults and force majeure of suppliers, deliverymen or other third parties; unexpected disturbances of power, electricity, internet, computer or telecoms; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages.
If a situation of force majeure arises as a result of which Wild Provocateur cannot fulfill one or more obligations towards the customer, these obligations will be suspended until Wild Provocateur can comply with it.
From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in writing in whole or in part.
Wild Provocateur does not owe any (damage) compensation in a situation of force majeure, even if it has obtained any advantages as a result of the force majeure situation.
Modification of the agreement
If, after the conclusion of the agreement and before its implementation, it appears necessary to change or supplement its contents, the parties shall timely and in mutual consultation adjust the agreement accordingly.
Changes in the general terms and conditions
Wild Provocateur is entitled to amend or supplement these general terms and conditions.
Changes of minor importance can be made at any time.
Major changes in content will be discussed by Wild Provocateur with the customer in advance as much as possible.
Consumers are entitled to cancel the agreement in the event of a substantial change to the general terms and conditions.
Transfer of rights
The customer cannot transfer its rights deferring from an agreement with Wild Provocateur to third parties without the prior written consent of Wild Provocateur.
This provision applies as a clause with a property law effect as referred to in Section 3:83 (2) Dutch Civil Code.
Consequences of nullity or annullability
If one or more provisions of these general terms and conditions prove null or annullable, this will not affect the other provisions of these terms and conditions.
A provision that is null or annullable shall, in that case, be replaced by a provision that comes closest to what Wild Provocateur had in mind when drafting the conditions on that issue.
Applicable law and competent court
Dutch law is exclusively applicable to all agreements between the parties.
The Dutch court in the district where Wild Provocateur is established is exclusively competent in case of any disputes between parties, unless the law prescribes otherwise.
Drawn up on 25 augustus 2021.
