Privacy Policy & Terms of use

PRIVACY POLICY & DISCLAIMER

This website is operated by Managemental B.V. (“Eugene Oostveen”, “we” or “us”).

By visiting www.managemental.com; www.dezelfbeeldpsycholoog.nl and accessing any part of the website, including completing the questionnaires, you agree to comply with the terms of use and privacy policy described below. Your use of this website constitutes acceptance of these terms of use. Please read these terms carefully before accessing our website. If you do not agree to all the terms of use you may not access the website or use any services.

We reserve the right to vary, revise or amend any of the terms and conditions at any time, in our sole and absolute discretion, and your continued usage of the website will constitute acceptance of these variations and amendments.

Disclaimer

While the information contained within the site is periodically updated, Eugene Oostveen makes no warranty of any kind that the information provided in this website is accurate, complete, up-to-date or suitable for any particular purpose. You agree that Eugene Oostveen is not liable for any such inaccuracies or errors to the fullest extent permitted by law.

The material and/or information contained on this website is provided for general information purposes only. The information is not medical advice and is not a substitute for professional medical or psychological advice, diagnosis, or treatment. Always seek the advice of a qualified health provider regarding the evaluation of any specific information, opinion or advice and in relation to any questions you may have regarding a medical or psychological illness. Never disregard professional medical advice or delay in seeking it because of something you have read on this website.

You expressly agree that any reliance on any information provided by Eugene Oostveen or by this website is solely at your own risk.

This website and its contents are provided “AS IS” without any representation, warranty or conditions of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

Eugene Oostveen, Managemental B.V. and its directors, employees, agents or affiliates do not accept any responsibility for any loss, demand, injury or claim which may arise from reliance on information contained on this site and will not be liable for any direct, indirect, incidental, punitive, special or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise arising from your use of any of the services or information provided by this website

Third-party Links

Some links within this website may lead to other websites, including those operated and maintained by third parties. Eugene Oostveen is not responsible for examining or evaluating the content or accuracy of these third-parties’ websites nor does it offer any warranties in relation thereof. You agree that Eugene Oostveen will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. Eugene Oostveen, Managemental B.V. and its directors, employees, agents or affiliates are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

Managemental B.V. includes these links solely as a convenience to you, and the presence of such a link does not imply any responsibility for the linked site or an endorsement of the linked site, its operator, or its contents.

Our Privacy Policy

We know that you care how information about you is used and safeguarded. Your responses to questionnaires on this website are entirely voluntary and will be used anonymously, in ongoing research by Eugene Oostveen, Managemental B.V. and associates of Eugene Oostveen.

The following Privacy Policy governs the online information collection practices of Eugene Oostveen. Specifically, it outlines the types of information that we gather about you while you are using the Managemental B.V. websites (the “site”) and the ways in which we use this information.

How We Collect and Use Information

We may collect and store personal or other information that you voluntarily supply to us online while using the site (e.g., while on the site or in responding via email to a feature provided on the site). Eugene Oostveen will only contact you if you specifically request that we do so or if you register to participate in a free challenge.

Eugene Oostveen collects personally identifying information (“personal information”) from you during our online registration process. Generally, this information includes name and email address in order for you to receive our free email communication. You provide all of this information to us.

Your personal information will only be used, collected, held and disclosed for the following purposes:

• To enable you to start and complete courses and challenges;
• To deal with your queries promptly;
• To provide you with better service and to better understand your needs including for the purpose of marketing or research;
• To keep you up-to-date with products or services that we think would be of interest to you (you are able to opt-out from this at any time). We will not provide your personal information to other organisations for the purposes of direct marketing; and
• If required by any relevant law.

To fulfil the above purposes your personal information may be given to third parties who are affiliates of Eugene Oostveen and to which your use of their website or social media has directed you to this site.

De-identified information collected from your survey responses will be provided to researchers and partners for the purposes of learning more about how people successfully develop their strengths. At no time will we provide these researchers or partners with your name and email details or any other information that can be used to identify you.

If you voluntarily make your personal information available for viewing by third parties online – for example on message boards, web logs, through email, or in chat areas – that information can be seen, collected and used by others besides us. We are not responsible whatsoever for any unauthorized third-party use of such information.

The site also includes links to other third party websites and provides access to products and services offered by third parties, whose privacy policies we do not control. When you access another third party’s website or purchase third-party products or services through the site, use of any information you provide is governed by the privacy policy of the operator of the third party site you are visiting or the provider of such products or services. Eugene Oostveen is not liable in any way for the use of your personal information by such third parties.

Please also note that as our business grows, we may buy or sell various assets. In the unlikely event that we sell some or all of our assets, or one or more of our websites is acquired by another company, information about our users may be among the transferred assets.

How Do We Store Your Information?

Your information is stored at the list server that delivers Managemental B.V. email communication. Your information can only be accessed by those who help manage those lists in order to deliver email to you if you have indicated that you would like to receive information.

All of the newsletters or emails that are sent to you by Managemental B.V. or Eugene Oostveen include an unsubscribe link in them. You can remove yourself at any time from our mailing list by clicking on the unsubscribe link that can be found in every communication we send you.

Copyright

All website design, text, graphics and the selection and arrangement thereof are Copyright 2019 by Eugene Oostveen / Managemental B.V..

Permission is given for the downloading and temporary storage of one or more of these pages for the purpose of viewing on a personal computer. The contents of this site are protected by copyright under international conventions and, apart from the permission stated, the reproduction, permanent storage, modification, distribution or retransmission of the contents of this site is prohibited without the prior written consent of Eugene Oostveen.

TERMS OF USE WEBSITE AND CONTENTS

By using this website, you signify your consent to these terms of use. If you do not agree to these Terms of Use, please do not use the website.

Your access to and use of this website, as well as all related websites operated by Managemental B.V. (which includes www.dezelfbeeldpsycholoog.nl; www.managemental.com, among others) (collectively the “Site”) is subject to the following terms and conditions (“Terms of Use”) and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms of Use and acknowledge that any other agreements between you and the Site are superseded and of no force or effect:

1. You agree that the Site itself, as well as all content, videos, training materials, products, services and/or other materials, made available on the Site by us or other third parties, as well as the look and feel of all of the foregoing, (collectively referred to as the “Content”) are maintained for your personal use and information by Managemental B.V., (the “Company”) and are the property of the Company and/or its third party providers. You agree that such Company Content shall include all proprietary videos, HTML/CSS, Javascript, graphics, voice, and sound recordings, artwork, photos, documents, and text as well as all other materials included in the Site, excluding only the materials you provide. Subject to your compliance with these Terms of Use, the Company hereby grants you a limited license, which is non-exclusive, non-transferable, and non-sublicensable, to access, view, and use the Site solely for your personal purposes. No Company Content may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, used for public or commercial purposes, or downloaded in any way unless written permission is expressly granted by the Company. Modification of the Content or use of the Content for any other purpose is a violation of the copyright and other proprietary rights of the Company, as well as other authors who created the materials, and may be subject to monetary damages and penalties. You may not distribute, modify, transmit or use the content of the Site or any Content, including any and all software, tools, graphics and/or sound files, for public or commercial purposes without the express written permission of the Company.
2. All Content, such as text, data, graphics files, videos and sound files, and other materials contained in the Site, are copyrighted unless otherwise noted and are the property of the Company and/or a supplier to the Company. No such materials may be used except as provided in these Terms of Use.
3. All trade names, trademarks, and images and biographical information of people used in the Company Content and contained in the Site, including without limitation the name and trademark “Managemental B.V; de Zelfbeeldpsycholoog”, are either the property of, or used with permission by, the Company. The use of Content by you is strictly prohibited unless specifically permitted by these Terms of Use. Any unauthorized use of Content may violate the copyright, trademark, and other proprietary rights of the Company and/or third parties, as well as the laws of privacy and publicity, and other regulations and statutes. Nothing contained in this Agreement or in the Site shall be construed as granting, by implication or otherwise, any license or right to use any Trademark or other proprietary information without the express written consent of the Company or third party owner. The Company respects the copyright, trademark and all other intellectual property rights of others. The Company has the right, but has no obligation, to remove content and accounts containing materials that it deems, in its sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use. If you believe that your intellectual property rights are being violated and/or that any work belonging to you has been reproduced on the Site or in any Content in any way, you may notify Company at [email protected]. Please provide your name and contact information, the nature of your work and how it is being violated, all relevant copyright and/or trademark registration information, the location/URL of the violation, and any other information you believe is relevant.
4. While the Company uses reasonable efforts to include accurate and up-to-date information in the Site, the Company makes no warranties or representations as to its accuracy. The Company assumes no liability or responsibility for any errors or omissions in the content of the Site.
5. When you register with the Company and/or this Site, you expressly consent to receive any notices, announcements, agreements, disclosures, reports, documents, communications concerning new products or services, or other records or correspondence from the Company. You consent to receive notices electronically by way of transmitting the notice to you by email.
6. If you send comments or suggestions about the Site to the Company, including, but not limited to, notes, text, drawings, images, designs or computer programs, such submissions shall become, and shall remain, the sole property of the Company. No submission shall be subject to any obligation of confidence on the part of the Company. The Company shall exclusively own all rights to (including intellectual property rights thereto), and shall be entitled to unrestricted use, publication, and dissemination as to all such submissions for any purpose, commercial or otherwise without any acknowledgment or compensation to you.
7. The Company shall use commercially reasonable efforts to restrict unauthorized access to our data and files. However no system whether or not password protected can be entirely impenetrable. You acknowledge that it may be possible for an unauthorized third party to access, view, copy, modify, or distribute the data and files you store using the Site. Use of the Site is completely at your own risk.
8. The Company will not intentionally disclose any personally identifying information about you to third parties, except where the Company, in good faith, believes such disclosure is necessary to comply with the law or enforce these Terms of Use. By using the Site, you signify your acceptance of the Company’s Privacy Policy. If you do not agree with this Privacy Policy, in whole or part, please do not use this Site.
9. Neither the company nor any other party involved in creating, producing, or maintaining the site and/or any content on the site shall be liable under any circumstances for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to or use of the site. Without limiting the foregoing, all content on the site is provided “as is” without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose. The company does not warrant or make any representations regarding the use of the materials in the site, the results of the use of such materials, the suitability of such materials for any user’s needs or the likelihood that their use will meet any user’s expectations, or their correctness, accuracy, reliability, or correction. The company likewise does not warrant or make any representations or guarantees that you will earn any money using the site or the company’s technology or services. You accept all responsibility for evaluating your own earning potential as well as executing your own business and services. Your earning potential is entirely dependent on your own products, ideas, techniques; your execution of your business plan; the time you devote to the program, ideas and techniques offered and utilized; as well as your finances, your knowledge and your skill. since these factors differ among all individuals, the company cannot and does not warrant or make any representations or guarantees regarding your success or income level. The company does not warrant that use of the materials will be uninterrupted or error free, that defects will be corrected, or that this site, the content, and/or the materials available on this site are free from bugs or viruses or other harmful components. You assume all responsibility for the cost of all necessary repairs or corrections. The company shall not be responsible for any performance or service problems caused by any third party website or third party service provider. Any such problem shall be governed solely by the agreement between you and that provider. Please note that the applicable jurisdiction may not allow the exclusion of implied warranties. some of the above exclusions may thus not apply to you.
10. The company shall not be responsible for any performance or service problems caused by any third party website or third party service provider (including, for example, your web service provider service, (Stripe) payment services, your software and/or any updates or upgrades to that software). Any such problem shall be governed solely by the agreement between you and that provider. The company reserves the right to determine, in its sole discretion, whether the company is responsible for any such malfunction or disruption. The company also reserves the right to limit your use of the site and/or the content or to terminate your account should the company determine that you have violated these terms of use, or that you have violated any other rules or conditions of the company. The company reserves the right to refuse access to the site and/or the company’s content, products and/or services to anyone in its sole discretion. The company reserves the right to determine, in its sole discretion, whether the company is responsible for any such malfunction or disruption.
11. In no event shall the company be liable for any special, incidental, indirect, punitive, reliance or consequential damages, whether foreseeable or not, including, but not limited to, damage or loss of property, equipment, information or data, loss of profits, revenue or goodwill, cost of capital, cost of replacement services, or claims for service interruptions or transmission problems, occasioned by any defect in the site, the content, and/or related materials, the inability to use services provided hereunder or any other cause whatsoever with respect thereto, regardless of theory of liability. This limitation will apply even if the company has been advised or is aware of the possibility of such damages.
12. You agree to indemnify and hold the Company and each of its directors, officers employees, and agents, harmless from any and all liabilities, claims, damages and expenses, including reasonable attorney’s fees, arising out of or relating to (i) your breach of this Agreement, (ii) any violation by you of law or the rights of any third party, (iii) any materials, information, works and/or other content of whatever nature or media that you post or share on or through the Site, (iv) your use of the Site or any services that the Company may provide via the Site, and (v) your conduct in connection with the Site or the services or with other users of the Site or the services. The Company reserves the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide the Company with such cooperation as is reasonably requested by the Company.
13. The provisions of these Terms of Use are for the benefit of the Company, its subsidiaries, affiliates and its third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.
14. This agreement shall be governed by and construed in accordance with the Dutch law, without giving effect to any principles of conflicts of law. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
15. These Terms of Use may be revised from time to time by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms of Use to which you are bound.

Applicable Law

You agree that your use of this website and any services provided therein shall be governed by Dutch law. In the event of a dispute, which cannot be resolved by agreement, the parties shall submit to the Dutch court in the district where Managemental is established.

ADDITIONAL EU DISCLOSURES

Our Role as Data Controller and Data Processor

Eugene Oostveen generally acts as the data controller of your information submitted through our website.

If you are situated in the EU and have any complaints regarding our privacy practices as data controller, you have the right to make a complaint at any time to your local Supervisory Authority. We would, however, appreciate the chance to deal with your concerns before you approach your Supervisory Authority so please contact us in the first instance. Please see our contact details below in the section titled “Contact Us”. If you are situated in the EU and have a complaint, please contact our privacy manager at [email protected].

Provision Of Personal Data And Failure To Provide Personal Data

Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with our services). In this case, we will not be able to provide services to you.

Legal Basis For Our Processing Of Your Personal Data

Below are the types of lawful basis that we will rely on to process your personal data:

• Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us at [email protected]
• Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.
• Comply with a legal or regulatory obligation means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject.

Change Of Purpose

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us at [email protected]. If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so. Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

Collection Of Personal Data From Third Party Sources

We also collect personal data about you from various third parties and public sources.

• If you register for our services using Facebook, Twitter or other social media sites, we will import your information from those social media sites.
• As discussed above, we also obtain information through automated technologies (see section titled “Cookies and Other Technologies”)

Withdrawing Your Consent

If we are relying on your consent to process your personal data, you have the right to withdraw your consent at any time. You have the right to withdraw your consent at any time by contacting us at [email protected].

Use Of Your Personal Data For Marketing Purposes

We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising:

• Promotional offers from us: We may use your personal data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing). You will receive marketing communications from us if you have requested information from us or used our services and, in each case, you have not opted out of receiving that marketing.
• Third-party marketing: We will get your express opt-in consent before we share your personal data with any company outside our company for marketing purposes.

To see how you can opt out of marketing communications, please see the section titled “Opt-Out” found at the bottom of all of our email communications.

Rights Of EU Data Subjects

Under certain circumstances, you have rights under data protection laws in relation to your personal data. you have the right to:

• Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
• Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
• Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
• Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
• Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
• Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
• Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

If you have any questions or concerns regarding the terms and conditions including our privacy policy or disclaimer or to exercise your rights, please contact us at [email protected]

Last Updated: 01 januari 2019