Disclaimer:
The information on this website is intended for general information purposes only. No rights can be derived from the information on this website. Although Gendertalent takes care in compiling and maintaining this website and uses sources that are considered reliable, we cannot guarantee the accuracy, completeness and topicality of the information provided. GenderTalent does not guarantee that the website will function without errors or interruption or will be free of viruses. GenderTalent explicitly rejects any liability with regard to the availability, correctness, completeness, topicality of the information offered and the (uninterrupted) use of this website.
It is not allowed to use this website in a way that could hinder other internet users or otherwise affect the proper functioning of this website, the information presented on it or the underlying software.
The Gendertalent website contains user content, links to third party websites. We accept no liability and no responsibility for the content, use or availability of content and websites of third parties. The use of such links is at your own risk. The information on such websites has not been assessed by Gendertalent for accuracy, reasonableness, topicality or completeness.
All intellectual property rights and other rights (such as copyrights on text and image materials) for all information offered on or via this website (including all texts, graphic material and logos) belong to Gendertalent and third parties. It is not permitted to copy, collect, download or in any way publish, distribute or reproduce information on this website without the prior written consent of Gielen Juridisch Advies. However, you may print and/or download information on this website for your own personal use. […] Reproduction is only permitted with the permission of the rights holders. All rights reserved.
It may happen that there is a weak spot in one of our systems. If you discover a vulnerability, we ask you to report it as soon as possible so that we can take the necessary measures.
We ask you to:
As soon as possible after discovering the vulnerability, report it to us
Email your findings to security@gendertalent.com
Provide enough information to reproduce the problem so we can fix it as soon as possible. Usually, the IP address or URL of the affected system and a description of the vulnerability is sufficient, but for more complex vulnerabilities more information may be needed.
Leave contact details so that we can get in touch with you and work together to achieve a safe result. Leave at least an email address or phone number.
Do not share the information about the security problem with others until it has been resolved.
Responsible to deal with the knowledge of the security problem by not performing actions that go beyond what is necessary to demonstrate the security problem
Realising that any information from GenderTalent’s systems is covered by the duty of confidentiality and that further disclosure of that information is punishable.
Avoid in any case:
Posting malware
Copying, modifying or deleting data or configurations of a system (an alternative is to create a directory listing or screenshot).
Making changes to the system
Repeatedly accessing the system or sharing the access with others
The use of so-called ‘gross forwarding’ to gain access to systems
the use of denial-of-service attacks or social engineering
You can expect the following from us:
If your report meets the above conditions, we will not attach any legal consequences to this report. We will treat your report as strictly confidential and will not share any personal information with third parties without your consent, unless required by law or court order.
We will send you a confirmation of receipt within 1 working day.
We will respond to your report within 5 working days with our assessment of the report and an expected date for resolution.
We will keep you informed of progress. We will solve the security problem you have identified in a system within a reasonable period of time. In mutual consultation, we will determine when and how this will be published.
If you wish, we can, in mutual consultation, mention your name as the discoverer of the reported vulnerability.
As a thank you for your help, we offer a playful reward for every report of an unknown and serious security problem. The reward will never be in monetary form.
We have the right to change the information provided, including this disclaimer, at any time without further notice. It is advisable to regularly check whether the information provided on or via this website, including this disclaimer, has changed. This website and the disclaimer are governed by Dutch law. All disputes arising from or in connection with this disclaimer will exclusively be submitted to the competent court within the district of Gendertalent.
Privacy statement:
Effective date and modification
In providing our services, we process your personal data. In order to inform you how we handle your personal data, we have drawn up this privacy statement.
This privacy statement was last amended on 01-04-2020.
Genderness or her affiliated organizations may amend this privacy statement. New versions are always published on the website. We therefore advise you to consult this statement regularly so that you are kept informed of any changes.
Contact details
Personal data is processed by:
Genderness, trading under the brandnames (and legal forms) Genderness, Gendertalent, Genderflex and Genderclinic and the Catharina Anastasia Foundation, registered with the Chamber of Commerce under respectively 72079754, 72416696, 72079770, 72079762 and 66336007. Hereafter called as Genderness and her affiliated organizations.
Based at Kaap Hoorndreef 34, 3563 AT in Utrecht, to be reached via compliancy@genderness.com.
The data protection officer within Genderness is Bregtje Catharina, who can be reached at the general number of Genderness and her affiliated organizations and at compliancy@genderness.com and +31 20 244 20 00.
When entering into an agreement, of Genderness and her affiliated organizations informs clients about the content of these privacy regulations. of Genderness and her affiliated organizations makes it easy to obtain a copy of the privacy regulations.
The use of personal data
Due to the nature of our services, we have certain information about you. These are, for example, the information you provide to us via the website, email, telephone and app. When processing your data, your interests come first. We always comply with the Data Protection Act. Genderwende complies with the obligation to report data leaks and informs the client of the reports to the Personal Data Authority (AP) and the way in which the client can take cognizance of these.
In this privacy statement we have listed how we handle your personal data. You can read which data we use how and what influence you have on it. This privacy statement applies to the information we process about you. We protect your privacy and personal information, as well as that of all our customers and all visitors to the websites and online systems available via genderness.*, genderclinic.* and gendertalent.*, with the greatest possible care. We will inform you about the content of these privacy regulations in every agreement we enter into with you, your organisation if applicable. You can find these regulations via our website(s).
Persons or organizations that cooperate with Genderness and/ or her affiliated organizations obtain personal data from you. In addition, we may obtain your personal data through third parties (such as municipalities, UWV, the company for which you work, medical centres or GGZ institutions) in the context of our services, only after formal consent from you.
Genderness and her affiliated organizations process the following categories of personal data:
Name and address details
Contact details, such as e-mail address and telephone numbers
Date and place of birth
Gender
Citizen service number, only if required by the organisation paying for the route
Passport photo, for profile on the website of staff members and ambassadors or for your individual C.V.
Data concerning your employment or employment history
V.
Functional possibilities and load capacity
Sickness reports
Data in a plan of action
Conversation reports
(Internal) training and certification
Labor expert reports
Restrictions and impediments arising from medical process
Medical history
Content of communication
IP address
Cookies
Cookies are used on the website to improve online services. Cookies are used to process your IP address and the system information of your device. For more information about these cookies, please consult our cookie statement.
Some parts of our websites send a ‘cookie’ to your computer. This recognises your computer when you revisit this website. For more information about cookies, please visit www.cookiecentral.com. You can also choose to delete the cookies placed on your device. If you delete cookies, it is possible that you will not be able to use certain services (anymore).
Necessary cookies
Some cookies are necessary for genderness.com, gendertalent.com, genderflex.com, genderclinic.com to function better. For example, you do not have to provide certain information over and over again, such as your user name and preferences.
Improving website and services
In addition to the necessary cookies, we use cookies to make the website better and more user-friendly. With the information these cookies collect, we examine how we can improve the website and our services. We use these cookies to track the surfing behaviour of visitors. The data we use cannot be traced back to 1 person. The cookies are not used by other parties than Genderness and her affiliated organizations. The following information is then recorded: the IP address, the type and language of the browser, the time of the visit and the web address from which you reached our website, the pages you view, the links you click on and the other actions you take.
Google analytics
Through our website, a cookie is placed by the U.S. company Google, as part of the “Analytics” service. We use this service to keep track of and receive reports on how visitors use the website. Google may provide this information to third parties if Google is legally obliged to do so, or if third parties process the information on Google’s behalf. We have no influence on this. We have not allowed Google to use the obtained analytics information for other Google services. The information that Google collects is anonymized as much as possible. Your IP address is explicitly not given. The information is transferred to and stored by Google on servers in the United States.
Social media
Our website includes buttons to promote (“like”) or share (“tweet”) web pages on social networks such as Facebook and Twitter. These buttons work through bits of code that come from these social networks themselves. Cookies are placed by means of this code. We have no influence on this. Read the privacy statement of the social networks (which may change regularly) to read what they do with your (personal) data that they process via these cookies. The information they collect is made anonymous as much as possible. The information may be transferred by the social networks and stored on servers in the United States.
Genderness and her affiliated organizations process these personal data for various purposes, such as:
Maintaining contact;
Providing a good and efficient service;
Management of the contact and client database;
Performing administrative tasks, such as planning;
Offering customised assistance;
The reintegration or guidance of employees or benefit recipients in connection with illness or disability, the coming out of or career issues;
The provision of participation in events, education and training courses;
Improvement of services;
Reporting and analysis for accountability to clients and the improvement of services;
Benchmarking;
Invoicing and compensation payments;
Collecting funds and taking collection measures;
Marketing;
Compliance with legal obligations;
Litigation;
Scientific research
We want to be transparent about what data we use for what and when. In order to provide you with the best possible service, it is important that we have insight into which services you purchase from us. We link the information we have from you in order to be able to answer your questions, reports and complaints quickly and adequately.
When you register, we will ask you for additional personal information, such as your e-mail address, name, home or work address or a telephone number. When you actually sign up for services, we will ask for additional information, such as your bank account number, proof of identity number, profile or demographic and relevant health care information or reports from third parties.
In order to be able to meet our reporting and invoicing obligations towards clients, Genderness and her affiliated organizations draws up reports that include how many sessions and training sessions have been given to people, but does not include substantive discussion reports. Genderness and her affiliated organizations only provides these detailed reports to clients who are affiliated with you.
In order to be able to help you as much as possible, it may be relevant to have more insight into your medical data. For these more privacy-sensitive categories of data, we may only use these data for purposes other than those necessary for the execution of a contract or to comply with a legal obligation with your explicit consent. For example, you may use your background information to offer you a good coaching program. In these cases, we will always ask you for your prior consent before we use your details for this purpose. If you do not want your details to be used for this purpose, you can withhold your permission without this having consequences for the use of the service.
Insofar as data is provided for the purpose of policy or (scientific) research, this will only be done in such anonymised and aggregated form that it can in no way be traced back to an individual. We do this so that we can improve our assistance processes and so that we can provide feedback and advice to clients by means of anonymous reports on client satisfaction and the results of the processes. The aim of this processing is to make trans persons’ labour market position transparent, the underlying factors and thus to be able to make good interventions in our own services and in advice to, for example, municipalities, companies and governments in dealing with trans persons.
We process certain personal data in order to execute the agreement with you, or to be able to comply with a legal obligation, such as, for example, obligations based on social security law. We also find it important that our services are personal, transparent and secure. We are constantly improving and want to match your personal needs and interests as much as possible at the most relevant moment. This information may include tips on products you use, newsletters or interesting offers.
We also process personal data, because of Genderness and her affiliated organizations has legitimate interests. These legitimate interests are:
The protection of its financial interests;
The improvement of its services;
The security and management of its online systems and your access to them;
Giving you information for your relevant services;
If personal data is processed on the basis of consent, that consent will be requested separately.
Provision to third parties
As part of its services of Genderness and her affiliated organizations may exchange personal data. Genderness and her affiliated organizations may use the services of third parties for the aforementioned purposes, such as the IT suppliers of our website and our systems, testing agencies or freelancers. In this context, personal data is provided to these third parties. These third parties may only process your personal data for the aforementioned purposes. To this end, we have entered into processing agreements with all these parties.
Finally, your personal data can be provided to third parties when Genderness and her affiliated organizations has to comply with a legal obligation. Genderness and her affiliated organizations will not provide your data to third parties for commercial or charitable purposes.
Transfer of your data outside the EEA
Because we work with cloud products from Lastpass and Microsoft products (Dyanmics CE, Dynamics HR, Dynamics Business central & Office365. LinkedIn & Azure Active Directory), we have thoroughly investigated whether your data can be processed outside the EU. First of all, Microsoft complies with the EU-US Privacy Shield. This means that your privacy is guaranteed. However, we have also chosen the option to let Microsoft store your data in Europe. Without our consent, they are not entitled to store your data outside the EU zone. In case of support in case of problems with the functioning of Microsoft’s cloud services, we have chosen for two Dutch management services parties, as a result of which the data of you and our employees will not be accessible to people working or living outside the EU.
In addition, your data may be stored by third parties outside the EU because we use Google Analytics on our website, or through our social media such as LinkedIn or Facebook in the contact with you. These parties are “EU-US Privacy Shield” certified, so they will comply with the European privacy regulations.
Genderness and her affiliated organizations will not process your personal data any longer than necessary for the purposes stated in this privacy statement. This means that your personal data will be kept as long as they are necessary to achieve the purposes in question. Your details will only be stored digitally in an online file. This data will be stored for up to four calendar years after completion of the process.
However, certain data must be stored for a longer period of time because Genderness and her affiliated organizations has to comply with legal retention obligations, such as the 7-year fiscal retention obligation or the 15-year medical retention obligation because of the medical part in your reintegration file. After the retention periods have expired, your personal data will be removed or made anonymous. Anonymisation means that your personal data will be stripped of all possible identifying characteristics. What remains are statistical data that can no longer be linked to your person in any way. These statistical data are important to us because they enable us to gain insight into the use that is made of our services.
We believe it is important that your personal information is protected against loss or unauthorized access. Therefore Genderness and her affiliated organizations has taken appropriate security measures. We work with the cloud solutions of Microsoft. All these parties comply with the strictest standards frameworks such as ISO27001/ ISO27002 and ISO9001 and are audited on a regular basis. We have concluded processing agreements with all parties. Our systems are designed and used optimally by two Dutch parties who provide support. We will also subject our own processes and conduct external audits in the first half of 2018 (ISO9001/ customer satisfaction). Although we are not obliged to appoint a Data Protection Officer, we have decided to do so because your interests come first in our actions.
Genderness and her affiliated organizations informs all persons involved in the execution of assignments of Genderness and her affiliated organizations about these privacy regulations and the treatment of data. Genderness and her affiliated organizations ensures that these persons comply with the privacy aspects mentioned in these regulations.
Genderness and her affiliated organizations only saves the data in the relevant client file, which can be done in writing as well as digitally. Genderness and her affiliated organizations takes such measures that these data are only accessible to the employee(s) charged with carrying out the work. This means that only the support employee and care worker can process your general contact details. Medical data and interviews are only accessible to you and your care worker(s).
Genderness and her affiliated organizations takes care of appropriate technical and organizational measures to secure customer data against accidental or unlawful destruction, accidental loss, forgery, unauthorized distribution or access, or any other form of unlawful processing.
The employment contract that Genderness and her affiliated organizations concludes with its employees contains a confidentiality clause regarding confidential information. By signing this employment contract, the employee declares to comply with this confidentiality provision. In addition, all persons involved in the execution of assignments of Genderness and her affiliated organizations must comply with the laws and regulations as mentioned in Article A of these privacy regulations. If necessary, these persons shall sign a separate, dated confidentiality statement before commencing execution.
Rights
You have the right to access your personal data. This means that you can request what personal information about you has been registered and for what purposes that information will be used. After receiving your request, you will receive an overview of your personal data within 1 month. If this reveals inaccuracies, you can request to adjust, supplement, remove or block your data.
You can also request Genderness and her affiliated organizations to transfer your personal data or you can object to the processing of your personal data due to special personal circumstances.
Questions about this privacy statement or a request about the processing of your personal data can be sent to
Genderness
Westersingel 21
9718CB ,Netherlands
+31 (0) 20 244 20 00,
Or to: compliancy@genderness.com
In order to prevent abuse of these rights, we ask you to identify yourself when submitting your request by sending a copy of a valid identification document. Do not forget to make your BSN and your passport photo unreadable on the copy. You can, for example, use the ‘CopyID’ app for this.
You can object to the processing of your personal details by Genderness and her affiliated organizations if your personal details are used for purposes other than those necessary for the execution of a contract or to comply with a legal obligation. For example, you can object to the use of your personal data for analysis and marketing activities.
If you have a complaint about the processing of your personal data by Genderness and her affiliated organizations, please let us know. If you do not agree with us, you have the right to submit a complaint to the privacy supervisor, the Personal Data Authority. For this you can contact the Authority Personal Data.
This statement only concerns the processing of personal data on the websites and within the systems of Genderness and her affiliated organizations. Data processing by parties to which we refer falls outside the scope of this Privacy Statement.
General terms and conditions, version 26/07/2017:
Client; the (future) client who, by signing the quotation issued by Genderness, Gendertalent, Genderflex or Genderclinic (hereafter Genderness and her affiliated organizations), orders the agreed upon delivery of products and/or services. Client is defined as anyone who wishes to give or provide an assignment to Genderness and her affiliated organizations for advice or related services, or who wishes to conclude or enter into any agreement of a different nature with Genderness and her affiliated organizations.
Contractor; party which binds itself to the product to be delivered as described in the quotation by drawing the quotation received by the client and returning the order confirmation. Contractor in these General Terms and Conditions is referred to as Genderness and her affiliated organizations.
Assignment confirmation; written acceptance of the unaltered quotation issued by GenderTalent in which the product and/or service to be delivered by GenderTalent is described.
Quotation: the offer to enter into an Agreement, issued by Genderness and her affiliated organizations to the contracting party.
Product and service: the making of analyses, diagnoses, directions for solutions as well as the recording and activities for the implementation thereof as described in these documents.
Agreement: all agreements made as expressed in General Terms and Conditions of Delivery, quotation and other related agreements mentioned in quotation with regard to the product to be delivered.
End User: the natural person or natural person who uses the products and/or services.
Genderness, trading under the brandnames (and legal forms) Genderness, Gendertalent, Genderflex and Genderclinic and the Catharina Anastasia Foundation, registered with the Chamber of Commerce under respectively 72079754, 72416696, 72079770, 72079762 and 66336007.
Genderness Internet site: the Internet site Genderness.com or another Internet address to be indicated by Genderness.
Gendertalent Internet site: the Internet site Gendertalent.com or another Internet address to be indicated by Gendertalent
Genderflex Internet site: the Internet site Genderflex.com or another Internet address to be indicated by Genderflex.
Genderclinic Internet site: the Internet site Genderclinic.com or another Internet address to be indicated by Genderclinic.
Working days: Monday to Friday from 8 a.m. to 6 p.m. with the exception of public holidays recognised in the Netherlands and holidays announced by Genderness and her affiliated organizations
- Every client and/or organization of has the right to file a complaint regarding the execution of the work performed for or on behalf of the submitter.
Every Genderness and her affiliated organizations employee has the right to submit a complaint regarding the behaviour of other employees at Genderness and her affiliated organizations.
The submitter shall not suffer any disadvantage or hindrance when submitting a complaint.
Genderness and her affiliated organizations take care of a proper and empathic handling of the complaint.
A written complaint is signed by the submitter and contains at least the following:
the name and address of the complainant;
the date;
a description of the complaint.
Genderness and her affiliated organizations may decide not to handle a written complaint which does not comply with the first paragraph, provided the complainant has had the opportunity to complete the complaint within a reasonable period of time. There is no possibility of appeal against this.
The complaint does not have to be dealt with if it concerns conduct and/or remarks that took place more than one year before the complaint was submitted.
The complainant may at any time submit a request to be informed of the status of the proceedings. GenderTalent will respond to this request within a reasonable period of time.
All quotations are, unless explicitly agreed otherwise, without obligation and can be requested electronically (via the Genderness and her affiliated organizations Internet sites). Genderness and her affiliated organizations is only bound to fulfil the assignment after it has confirmed the assignment in writing.
By signing the offer, the client accepts all rights vested in the assignee, mentioned in the offer and the agreements/ documents mentioned in the offer. New (published) documents are considered to be continuing agreements.
All quotations are, unless expressly agreed otherwise, based on subsequent calculation. The time estimate and prices therefore serve as a guideline. The hours actually worked by Genderness and her affiliated organizations and the costs actually incurred by Genderness and her affiliated organizations will be invoiced and owed by the client.
In case of composite quotations, there is no obligation to deliver a part at a corresponding part of the price quoted for the whole.
All prices quoted by Genderness and her affiliated organizations are exclusive of V.A.T., packaging, courier and shipping costs and/or other taxes, charges or duties, including unforeseen external costs, which weigh on the goods/services as such, unless explicitly stated otherwise on the order confirmation.
The prices in the quotations are only applicable to the products and/or services etc. quoted at that time for the period of validity of the quotation as laid down in the quotation.
If only models, copies, information carriers, etc. have been submitted by the client for part of the work to be produced, Genderness and her affiliated organizations is not bound to the price quoted for the whole of the work, if it should appear that the part of the work for which no data has been submitted requires proportionately more resources and/or labour than the part for which data has been submitted.
In the absence of an assignment, Genderness and her affiliated organizations reserves the right to charge the quotation, design, drawing and calculation costs or part thereof.
Genderness and her affiliated organizations expressly reserves the right to change prices quoted, also without prior notice and also after sending the order confirmation; for example, Genderness and her affiliated organizations is entitled to pass on to the client any increases in raw material prices, wages, social employer’s charges and/or other employment conditions, as well as increases in other rates, charges, levies and taxes, as well as any change in exchange rates, which are cost-increasing for Genderness and her affiliated organizations.
With regard to all offered products and/or services, in addition to that stated in the catalogues, brochures and quotations, minor deviations from the models, drawings, measurements, images and/or descriptions resulting from the catalogues, brochures and quotations are reserved. Changes, as a result of which the actual execution deviates slightly (in terms of colour and form) from the aforementioned models, illustrations, drawings or measurements, but as a result of which no substantial change is made to the technical and aesthetic execution, do not oblige Genderness and her affiliated organizations to pay any compensation and never release Principal from his obligations under the agreement.
Quotations, deliveries and development of non-standard products and/or services, are based on data, as provided by client and only relate to applications and specifications mentioned in writing by Genderness and her affiliated organizations and are considered as an obligation to perform to the best of one’s abilities. All costs which, according to standards of reasonableness and fairness, could not be counted on when making an offer, as well as costs which have arisen as a result of changes in the specifications of client during the delivery or development, or which may arise during the implementation of the developed products and/or services, will additionally be charged to client on the basis of subsequent costing. Discussions regarding operation and content are preferably recorded in writing and signed for approval by the client. In the absence of such reporting, development will take place at the client’s risk.
Genderness and her affiliated organizations determines the way in which it carries out the assignment and is not obliged to follow any instructions from the client. Genderness and her affiliated organizations informs the client, via its internet site or if requested, as much as possible about the manner of execution.
Changes to the content or execution of an assignment which are still required by client after the assignment has been given, must be brought to the attention of Genderness and her affiliated organizations by the client in time and in writing. The risk of the implementation of the change is for the account of the client. If such alterations lead to a situation in which the principal and Genderness and her affiliated organizations cannot reach agreement on the content of such alterations, GenderTalent reserves the right, unilaterally and without any legal consequence for Genderness and her affiliated organizations, to immediately suspend or terminate the agreement with due observance of a notice period of at least one (1) calendar month, plus a number of months equal to the number of years in which the service is operational, rounded up. All changes to the original order, of whatever nature, made in writing or verbally by or on behalf of the client, which cause higher costs than those charged at the time of quotation and/or order confirmation, shall be payable by the client.
If the principal cancels the given assignment in writing in whole or in part, he is obliged to reimburse Genderness and her affiliated organizations for all costs incurred with a view to the execution of this assignment (including costs of design, drawing, calculation, preparation, storage commission, etc.). If Genderness and her affiliated organizations so demands, client is also obliged to compensate loss of profit, as well as the other costs and damages resulting from the cancellation in question.
Genderness and her affiliated organizations reserves the right to carry out more work than stated in the written assignment or in the confirmation of assignment and to charge this to client, if this work is in the interest of the client and/or is necessary for the proper execution of the assignment. client will be informed as soon as possible of the necessity of carrying out these additional activities.
The duration of an assignment is reported in the documents attached to the offer and runs from the moment Genderness and her affiliated organizations accepts the offer.
When terminating an assignment for an indefinite period of time, each of the parties must observe a notice period of at least three months, unless the agreement has not yet lasted six months, in which case no notice period needs to be observed. Notice of termination shall be given by registered letter.
An agreement entered into for a definite period of time shall be deemed to have been tacitly renewed for the same period of time as initially agreed if the principal does not give notice of termination by registered letter within three months prior to the end of the contract period.
In the event of bankruptcy, (provisional) suspension of payment or a request for debt rescheduling of one of the parties unless the receiver or administrator opts for continuation of the agreement and sufficient security can be given immediately in accordance with Article 7 payment and the other party agrees to continuation.
Apart from the circumstances mentioned in these General Terms and Conditions, interim termination of an agreement is not possible for the client.
All terms of delivery are in principle approximate and are not binding. If an assignment needs to be expedited as well as the nature or content of the work, the availability of people and/or resources, as well as the data required for the execution of the assignment by the client and/or third parties, will be delivered to Genderness and her affiliated organizations at the agreed time. If, as a result of late delivery by the client, the assignment can only be carried out on time by calling in extratransport, overtime, rush order, etc., Genderness and her affiliated organizations shall be entitled to do so, without prior consultation with the client, and the costs incurred as a result shall be for the account of the client. In the event of late delivery by the client, Genderness and her affiliated organizations is entitled to postpone and/or further determine the date of execution of the assignment. Client is required to check the timely delivery of the people and/or means to be processed, as well as the data required for the execution of the assignment. Exceeding the term of delivery shall never release the client from his obligations under the agreement, nor shall it entitle the client to dissolve the agreement and/or claim compensation for any damage whatsoever that may arise as a result of failure to execute the order, incorrect execution or late execution of the order.
In the event that the principal does not fulfil any of his obligations under an agreement agreement with Genderness and her affiliated organizations does not punctually comply with its obligations, GenderTalent has the right to suspend the compliance with all obligations towards the principal and to dissolve all agreements with the principal in whole or in part, without any further notice of default and/or judicial intervention being required, while retaining its right to compensation for damages. Whatever is owed by Principal to Genderness and her affiliated organizations, is then immediately due and payable.
Genderness and her affiliated organizations is entitled to outsource the assignment or parts thereof to third parties not employed by Genderness and her affiliated organizations, or to have them carried out by third parties not employed by Genderness and her affiliated organizations, without notification to or consultation with the principal, if in the opinion of Genderness and her affiliated organizations this promotes a proper or efficient execution of the assignment.
If Genderness and her affiliated organizations carries out an assignment as a subcontractor, it is entitled – unless expressly agreed otherwise in writing – to contact the contracting party directly about the execution of the assignment.
Any delay or delay is not at the expense of Genderness and her affiliated organizations, unless demonstrably caused by its fault, without prejudice to the fact that progress is delayed due to force majeure on its side, Client is obliged to pay for the total price quoted in proportion to the finished part as well as for the costs already incurred for the entire assignment. Genderness and her affiliated organizations has the right to demand that the assignment is changed in such a way that the execution thereof becomes possible. Client shall be liable for any additional costs incurred as a result of such an alteration.
Malfunctions in the company as a result of force majeure (including, among other things, monies: war, mobilisation, riots, terrorism, flooding, closed shipping and other blockages in transport, stagnation in or restriction or cessation of supplies by public utilities, lack of fuel, fire, machine breakdowns and other accidents, strikes, lockouts, action by employees’ organisations, making production impossible, government measures, failure of equipment of third parties, natural disasters, water damage and similar events, as a result of faults in changes made by the client or third parties engaged by the client, whether or not approved and/or accepted by the client, in connection with the order, as a result of the failure of the products and/or services due to a defect in the partial product and/or the partial service supplied and/or supported by the client and/or third parties, and the time involved in repairing those faults that are a cause of the failure, as a result of the performance by or on behalf of or on the instructions of the contractor of necessary repair work, as a result of or caused by viruses, worms, trojan horses and similar irregularities, as a result of the forced relocation of services and/or equipment, as a result of (emergency) measures invoked by Genderness and her affiliated organizations, non-delivery of necessary materials and semi-finished products to Genderness and her affiliated organizations by third parties and other unforeseen circumstances, Also in the country of origin of materials and/or semi-finished products, which disrupt the normal course of business and delay or render reasonably impossible the execution of an assignment, release Genderness and her affiliated organizations from the fulfilment of the agreed term or the execution obligation, without the principal being able to assert any right or compensation of costs, damages or interest on that account.
Following the delivery of the product as described in the offer as well as in all related agreements mentioned in the offer, an acceptance procedure will follow based on an acceptance test by the principal. the principal must make the contents of the (at that time no longer changeable) acceptance test available to the contractor within the set delivery period. the principal has a maximum of five (5) working days after delivery by Genderness and her affiliated organizations to carry out the acceptance test and to provide written feedback based on this acceptance test to Genderness and her affiliated organizations. If in whatever way and for whatever reason there is no feedback within the set period of time on the acceptance test, whether or not carried out by the client, the assignment shall be considered accepted.
Complaints and defects which could not reasonably have been discovered within the period mentioned in the previous article, must be reported to Genderness and her affiliated organizations immediately after discovery, but at the latest within eight (10) working days after delivery by client, while the use should be limited as much as possible.
Client shall provide all cooperation desired by Genderness and her affiliated organizations for the investigation of the complaint, a.o. by giving Genderness and her affiliated organizations the opportunity to investigate the quality and/or quantity of the delivered performance on site or to have it investigated. If Genderness and her affiliated organizations deems a defect in the delivered performance to be proven, it shall have the choice to either re-perform the faulty performance free of charge – as far as necessary – or to grant the principal a discount on the agreed price.
Genderness and her affiliated organizations shall do everything that can reasonably be required of it to remedy such defects by means of error correction or preventive action. In that case it concerns an obligation to perform to the best of one’s abilities. However, Genderness and her affiliated organizations does not guarantee an undisturbed and faultless operation, nor that all faults can be remedied by means of error correction or preventive action, as well as for products and/or services delivered by third parties through the mediation of Genderness and her affiliated organizations, the guarantee provided by the supplier of the delivered products and/or services is valid. Genderness and her affiliated organizations does not accept any responsibility for defects, caused by or arising from the fault or actions of the client or third parties, or from external causes.
If the product and/or service delivered by Genderness and her affiliated organizations is changed and/or used and/or has been used in a careless or careless manner, or is used in violation of the instructions for use of the delivered product and/or service, or due to the unsuitability of the delivered product for the purpose for which the client purchased it, or in combination with incorrect or defective hardware and/or software and/or operating systems not previously permitted by Genderness and her affiliated organizations, the client cannot claim any guarantee or any compensation for damages.
If Genderness and her affiliated organizations replaces parts of the product and/or service in fulfilment of its guarantee obligation, the old version of the product and/or service becomes/will remain its property and must be returned to Genderness and her affiliated organizations by client.
Client will never be able to claim dissolution of an agreement due to complaints or defects, neither during nor after the guarantee period. By signing the offer and the underlying general terms and conditions, client explicitly waives this authority. Defects to a part of the delivered product and/or service do not give the right to reject the entire delivered performance and/or does not suspend the payment obligation of the principal with regard to that or other activities/deliveries, nor does it give the authority to settle claims with Genderness and her affiliated organizations.
Genderness and her affiliated organizations is not liable for any damage, in whatever form and by whatever cause, other than as a result of intent or gross negligence, to be proven by client and only limited to the amount of all monthly amounts owed by client, capped at a maximum amount calculated according to the period of maximum six (6) months prior to the incident causing the damage. Any liability of Genderness and her affiliated organizations arising from the provision of services from incidental contracts/assignments, not being an assignment as referred to in the previous paragraph, is limited to the amount to be invoiced for the service in question. Moreover, Genderness and her affiliated organizations does not accept any liability for corporate or consequential damage as a result of shortcomings in the services provided by Genderness and her affiliated organizations or its mediation.
Genderness and her affiliated organizations is not liable for printing, writing and/or counting errors and/or ambiguities in quotations, order confirmations and/or prospec. prospectuses, nor their consequences. In the event of a difference in interpretation of quotations, order confirmations or prospectuses, the interpretation of Genderness and her affiliated organizations is considered binding.
Genderness and her affiliated organizations is not liable for the actual content of the products and/or services added by the client; this is the responsibility of the client at all times.
Although Genderness and her affiliated organizations has no obligation to retain, it undertakes to keep the data, documents, drawings and designs made available by the client as well as the materials entrusted to it, such as slides, video tapes, documents and other materials to be reproduced or recorded with due care. However, Genderness and her affiliated organizations is in no way liable for loss, destruction (by fire, theft or breakage, etc.) in so far as not covered by the insurance, mutilation and the possible presence of viruses on the (digital) data carriers supplied by Genderness and her affiliated organizations or client, or by e-mail or on data or software supplied or retrieved via the Internet. The client or third parties engaged by or on behalf of the client shall always test the supplied information carriers, data or software for correctness, completeness and possible presence of viruses. the client shall keep a copy of all files supplied by him or her or shall insure these at his or her own expense and risk. If desired, the client can be provided with a copy of all digital files, but only if – and to the extent applicable – the copyrights have been purchased and paid in full by the client.
Client is obliged to compensate Genderness and her affiliated organizations for, and indemnify Genderness and her affiliated organizations against, all claims for damages which third parties may make against Genderness and her affiliated organizations with regard to damage caused by or with the by/on behalf of Client or with regard to the matters referred to in article 5.5.
If an order for delivery or execution of work is given for the account of two or more natural or legal persons, these persons are each jointly and severally liable for the full fulfilment of the obligation resulting from the agreement.
Advice is given by Genderness and her affiliated organizations to the best of its knowledge and entirely in good faith, but it does not accept any liability for loss or damage, directly or indirectly resulting from the content of the advice it gives.
Genderness and her affiliated organizations is not liable for damage caused by errors or imperfections as a result of the provision by the principal of incorrect data and/or the non processing of data which has not been explicitly communicated or provided to GenderTalent.
Employees of Genderness and her affiliated organizations, or subordinates and/or third parties engaged by Genderness and her affiliated organizations are in no way liable towards the client. By accepting these general terms and conditions, the client explicitly and unconditionally waives the possibility of holding the employees, subordinates, auxiliary persons referred to in this section liable in the event of damage caused within the framework of the performance of activities for the client.
All rights of an industrial or intellectual nature, such as copyright, trademarks, trade names and with regard to the combination of texts, data, still or moving graphic images, sound recordings and information in any form whatsoever, software, web applications, quotations, reports, designs, working methods, advice, etc. originating from or used by Genderness and her affiliated organizations. become and remain explicitly and exclusively inalienable (intellectual) property of Genderness and her affiliated organizations both during the execution of the assignment and afterwards, all this irrespective of the share of the client and/or third parties in the realization of the computer programs, system designs, working methods, advices, etc. The exercise of these rights – including disclosure or transfer of data – is explicitly and exclusively reserved to Genderness and her affiliated organizations, both during and after the execution of the assignment.
Client exclusively obtains the rights of use and authority for its own use for its end users which are explicitly granted by these terms and conditions or otherwise for a number of end users and/or places, and for the rest it shall not duplicate all intellectual property made available to it, whether or not part of GenderTalent, nor shall it make copies thereof or in any way whatsoever, either for remuneration or free of charge, or to make it available to third parties, or to act or refrain from acting in any other way, so that third parties can dispose of it, and is aware that these contain confidential information and business secrets of GenderTalent and/or its licensees and/or third parties without the explicit intervention and written consent of Genderness and her affiliated organizations. Genderness and her affiliated organizations may attach conditions to such consent, including the payment of monetary compensation.
In case of violation or violation of the intellectual property rights as described in 6.1 and 6.2, Client or End User will be liable to pay an immediately payable fine for each violation, increased by 10% of the amount of the fine per day for as long as the violation continues, without prejudice to Genderness and her affiliated organizations right to full compensation.
The right of use of a product and/or service to be delivered – notwithstanding the actual delivery – is only transferred to Client, if Client has fulfilled all of the following obligations under all agreements concluded with Genderness and her affiliated organizations:
the quid pro quo(s) with regard to the delivered goods themselves;
the quid pro quo(s) with regard to services rendered or to be rendered by Genderness and her affiliated organizations by virtue of the agreement(s);
any claims due to non-fulfilment by the principal of (single) agreement(s).
In case of late payment, Genderness and her affiliated organizations is entitled to suspend the product and/or service. At that point in time, Client remains obliged to pay the one-off and periodic costs and surcharges for the duration of the agreement.
Genderness and her affiliated organizations is at all times entitled to state its name on the design or have it removed, or to make photographs or other images of a project realised according to its design, both externally and internally, and to reproduce and publish these;.without prior permission, Client is not permitted to publish or reproduce the design or advertising without stating the name of Genderness and her affiliated organizations.
The client’s payment obligation commences and is therefore payable at the time of order confirmation.
All payments must be made within fourteen (14) days of the invoice date.
client authorises Genderness and her affiliated organizations to automatically debit the invoice amounts mentioned in this contract from the account of client. client has the possibility to refuse an already executed collection within five (5) working days.
Should Genderness and her affiliated organizations agree to a longer term of payment than that stated on the invoice after the invoice date, or should it be taken incorrectly, then client shall owe interest on the invoice amount to 1.5% per month or part of a month, commencing on the due date of the invoice amount; each time after a period of one year, client shall also owe the aforementioned interest on the interest due at that time. If and in so far as the statutory interest rate is higher than the rate mentioned herein, the statutory interest will be calculated.
All costs, both judicial and extrajudicial, including administrative costs, which Genderness and her affiliated organizations has to incur in order to enforce its rights are 11.4, in addition to the stipulations, for the account of client. These costs amount to at least 15% of the amount involved with a minimum of € 250,– per event.
Genderness and her affiliated organizations is entitled, irrespective of the agreed payment condition, to demand sufficient security for payment in advance or during the execution of the agreement at first request, irrespective of what has been determined with regard to the term of payment under 2 of this chapter. Genderness and her affiliated organizations may demand a (direct) prepayment, a payment in instalments, the assignment of claims against third parties, or that the client provides security for the payment before delivery, while prompt payment must take place despite an agreed payment term, if the assignment lasts longer than one month, or if the amount involved gives cause to do so, or if the assignment is carried out in subcontracting, or if Genderness and her affiliated organizations sees cause to do so.
If the client is/remains in default of its contractual obligations, the contracted party is entitled to unilaterally invoke the dissolution of the agreements concluded between the parties, at which time all remaining claims from the offer and combined agreements will become immediately due and payable in full. Genderness and her affiliated organizations will not invoke (extrajudicial) dissolution until after the principal has been given a reasonable period of time to comply, unless this is not necessary on the grounds of the law and/or the circumstances of the case. By accepting the general terms and conditions, the principal unilaterally waives the right to dissolve the agreements concluded between parties, as well as the right to suspend its contractual obligations and/or the right to set-off.
All agreements and transactions of Genderness and her affiliated organizations are exclusively governed by Dutch law.
Matters and circumstances not provided for in an agreement will be discussed in a timely manner while respecting the interests of the client and the contractor.
Principal and Contractor undertake to submit for mediation all disputes arising out of or in connection with this agreement for which they cannot find a solution themselves. They each appoint a mediator, who then both appoint a third, independent mediator. Furthermore, the parties undertake to do their utmost to reach a solution with the help of this mediator.
In the event that the disputes mentioned in this fourth paragraph cannot be solved with the help of the appointed mediator, they will be exclusively submitted by the most reasonable party to the competent court within the district of Utrecht.
Complaints, version 21/10/2017:
Client; the (future) client who, by signing the quotation issued by Genderness and her affiliated organizations, orders the agreed upon delivery of products and/or services. Client is defined as anyone who wishes to give or provide an assignment to Genderness and her affiliated organizations for advice or related services, or who wishes to conclude or enter into any agreement of a different nature with Genderness and her affiliated organizations.
Contractor; party which binds itself to the product to be delivered as described in the quotation by drawing the quotation received by the client and returning the order confirmation. Contractor in these General Terms and Conditions is referred to as Genderness and her affiliated organizations.
Assignment confirmation; written acceptance of the unaltered quotation issued by GenderTalent in which the product and/or service to be delivered by GenderTalent is described.
Quotation: the offer to enter into an Agreement, issued by Genderness and her affiliated organizations to the contracting party.
Product and service: the making of analyses, diagnoses, directions for solutions as well as the recording and activities for the implementation thereof as described in these documents.
Agreement: all agreements made as expressed in General Terms and Conditions of Delivery, quotation and other related agreements mentioned in quotation with regard to the product to be delivered.
End User: the natural person or natural person who uses the products and/or services.
Genderness, trading under the brandnames (and legal forms) Genderness, Gendertalent, Genderflex and Genderclinic and the Catharina Anastasia Foundation, registered with the Chamber of Commerce under respectively 72079754, 72416696, 72079770, 72079762 and 66336007.
Genderness Internet site: the Internet site Genderness.com or another Internet address to be indicated by Genderness.
Gendertalent Internet site: the Internet site Gendertalent.com or another Internet address to be indicated by Gendertalent
Genderflex Internet site: the Internet site Genderflex.com or another Internet address to be indicated by Genderflex.
Genderclinic Internet site: the Internet site Genderclinic.com or another Internet address to be indicated by Genderclinic.
Working days: Monday to Friday from 8 a.m. to 6 p.m. with the exception of public holidays recognised in the Netherlands and holidays announced by Genderness and her affiliated organizations.
With the filing of these General Terms and Conditions at the office of the Chamber of Commerce of Utrecht, all previous and/or deviating terms and conditions and provisions of Genderness and her affiliated organizations have lapsed. The General Terms and Conditions can also be found on the Genderness and her affiliated organizations Internet site.
If any stipulation in these General Terms and Conditions turns out to be null and void or is annulled, all remaining stipulations will remain in full force and effect. Parties will enter into negotiations about a replacement provision that is as close as possible to the intention of the void or annulled provision. The general terms and conditions also apply to agreements that build on the agreements initially concluded with Genderness and her affiliated organizations..
All assignments, both with the client as well as with agents, representatives or other intermediaries, are only carried out on the following conditions, unless expressly agreed otherwise and confirmed in writing by Genderness and her affiliated organizations. Agreed deviations never apply to more than one assignment, unless again confirmed in writing each time.
Agreements with Genderness and her affiliated organizations personnel do not bind Genderness and her affiliated organizations, unless explicitly confirmed in writing by its authorized personnel. By signing the quotation, agreements with the client are considered to have been made by a competent and authorised person within its organisation.
The client acknowledges the applicability of these General Terms and Conditions to all agreements of whatever nature made between the client and the assignee by the mere fact of giving an assignment to Genderness and her affiliated organizations. A mere reference by the client to its own terms and conditions or a standard clause on the letterhead or in the client’s own terms and conditions with the exclusive effect of these own terms and conditions is not sufficient for this purpose.
Parties agree not to use confidential information of the other party or to provide it to third parties, unless this is unavoidable with regard to the observance of these terms and conditions, and is in accordance with the other stipulations in this respect in these general terms and conditions and/or related contracts. The products and/or services of GenderTalent, as well as correspondence and documentation, are considered by the parties as confidential information of Genderness and her affiliated organizations and are acknowledged as such by the client.
The client is not entitled to transfer its rights resulting from the agreement to third parties without the explicit consent of Genderness and her affiliated organizations. The client only derives from the agreement the right to make personal use of the offer as indicated on the offer, unless otherwise agreed upon in writing.
All communication between the client and the contractor may take place electronically, unless otherwise indicated in the general terms and conditions. Correspondence stored by GenderTalent shall serve as proof thereof, unless the client provides proof to the contrary.
The electronic correspondence shall be deemed to have been received on the day of dispatch, unless the contrary is proven by the recipient. If the correspondence has not been received as a result of delivery and/or accessibility problems with regard to the Principal’s electronic mailbox, this shall be at the Principal’s risk, even if the electronic mailbox has been placed with a third party. Genderness and her affiliated organizations is not obliged to send a confirmation of receipt with regard to the correspondence it has received.
Genderness and her affiliated organizations is not liable for misunderstandings, mutilations, delays or improper transmission of orders and communications as a result of the use of internet or any other electronic means of communication in the traffic between Genderness and her affiliated organizations and client.
The postal address for written (registered) correspondence is: Genderness and her affiliated organizations, Westersingel 21, 9718 CB Groningen.
- The support employee has the task and responsibility in consultation with client or his representative and Genderness and her affiliated organizations:
– to arrive at a satisfactory solution in an informal manner and / or;
– to inform and advise the complainant on his request about the possibilities of submitting a complaint via the complaint form;
– to inform about the working method of the Complaints Procedure;
– to assist the client or his representative in formulating the complaint;
– carefully examining the options for resolving the complaint. - When performing the task, the support employee has the authority to do everything that is reasonably necessary for proper supervision of the process in handling a complaint.
The support employee will make agreements with the complainant about the confidentiality of the conversations. - The support employee must act independently and impartially towards the complainant and Genderness and her affiliated organizations, and insofar as he is involved in the complaint, the employee.
The support employee must therefore refrain from conduct on the basis of which suspicion may arise of (the appearance of) partiality and / or the non-independent performance of the position. - If the support employee is or has been involved in a matter to which the complaint relates, or otherwise cannot function independently and impartially due to circumstances in an individual case, this must be reported to Genderness and her affiliated organizations as soon as possible by the support employee. . Genderness and her affiliated organizations will then ensure that another (deputy) support employee is appointed.
- Genderness and her affiliated organizations guarantees that the support employee can perform his job independently and does not disadvantage the support employee because of the way in which the job is performed.
The support employee has the task and responsibility in consultation with client or his representative and Genderness and her affiliated organizations:
– informally arrive at a satisfactory solution and/or;
– to inform and advise the complainant at his request about the possibilities of submitting a complaint via the complaint form;
– to inform the complainant about the working method of the Complaints Procedure;
– assist Talent or its representative in formulating the complaint;
– carefully investigate the possibilities of arriving at a solution to the complaint.
In the performance of the task, the support staff member is authorised to do everything that is reasonably necessary for proper supervision of the process when handling a complaint.
The support staff member will make agreements with the complainant about the confidentiality of the interviews.
The support staff member must act independently and impartially towards the complainant and Genderness and her affiliated organizations as well as the staff member involved in the complaint.
The support staff member must therefore refrain from any behaviour that could give rise to the suspicion of (the appearance of) partiality and/or the non-independence of the position.
If the support staff member is or has been involved in a matter to which the complaint relates, or cannot independently and impartially perform the job in an individual case due to circumstances, the support staff member must report this to Genderness and her affiliated organizations as soon as possible. Genderness and her affiliated organizations will then ensure that another (deputy) support employee is appointed.
Genderness and her affiliated organizations will ensure that the support employee can perform his function independently and will not disadvantage the support employee because of the way in which the function is performed.
- In the event of dissatisfaction, the complainant prefers to first contact the employee or his manager to reach an informal solution.
The complainant will be given the opportunity to discuss his or her dissatisfaction. Other persons will be involved in this discussion if this is conducive to resolving the dissatisfaction and the complainant does not object to it.
If the discussion does not lead to a satisfactory solution of the dissatisfaction, the complainant will be referred to the Genderness and her affiliated organizations Complaints Procedure. The complainant is also referred to the possibility of seeking advice from the support staff member (if the support staff member is not yet in the picture). In consultation with each other, the support staff member and the complainant will try to reach a satisfactory solution in an informal manner.
If the dissatisfaction has not been dispelled, the complainant can (or if the situation arises that the complainant does not (dare to) turn directly to the staff member) make his complaint known to the Genderness and her affiliated organizations or support staff member to which Genderness and her affiliated organizations or support staff member is affiliated. When filing a complaint, the complainant can appeal for support from the support employee. This support consists of the support employee assisting the complainant in formulating the (oral) complaint.
A complaint must be submitted to Genderness and her affiliated organizations in writing via a dated complaints form.
The date on which the complaint is submitted to Genderness and her affiliated organizations via the complaint form and thus received by Genderness and her affiliated organizations is considered the formal starting date of the complaints procedure.
After receipt of the written complaint, Genderness and her affiliated organizations sends the complaint to the support employee for further processing (if he or she was not yet involved).
The complainant will be declared inadmissible if:
a complaint relates to other dissatisfaction than is defined in the definitions in the Genderness and her affiliated organizations Complaints Procedure; –
a complaint is submitted by a person other than the circle of persons who may submit a complaint on the basis of Article 1 of the Complaints Procedure.
In the event that the complainant is inadmissible in his complaint, Genderness and her affiliated organizations will confirm this in writing to the person lodging the complaint.
If the complaint relates to persons other than Genderness and her affiliated organizations, Genderness and her affiliated organizations will ensure that the handling is transferred to the person to whose actions the complaint relates, unless the complainant has not given permission for this.
The support employee will contact the complainant in order to determine, in consultation with the complainant, how the complaint can best be handled.
The complainant will receive written confirmation of the submitted complaint within 2 weeks. This confirmation must at least include: a brief description of the complaint (including date, place and special circumstances) the further handling of the complaint and the period within which the complaint is expected to be handled.
When handling the complaint, the support staff member will apply both sides of the argument, whereby the support staff member will ensure that if the complaint (partly) concerns an employee, this person can also be given the opportunity to give his opinion on the complaint.
The support staff member will keep the complainant and Genderness and her affiliated organizations informed in writing of the progress of the handling of the complaint.
The support staff member will try to reach a solution to the complaint through mediation.
A complaint will be dealt with within a period of 6 weeks after the date of receipt, whereby there is a possibility to extend this period, stating reasons. The complainant will be informed in writing, stating the reasons, of the findings of the investigation into the complaint, as well as of any further measures that may be taken as a result of the complaint submitted. The decision(s) or any measure(s) taken in relation to the complaint, which is (are) relevant to the complainant or the staff concerned, should be notified to them as soon as the decision(s) or measures have been taken.
GenderTalent assumes that the complainant agrees with the decision.
A complaint must be submitted within a reasonable period of time after the complainant is aware or could reasonably have been aware that the conduct of Genderness and her affiliated organizations could result in a complaint as referred to in the Complaints Procedure.
The complainant will receive the letter as referred to in paragraph 3 as soon as possible, but at the latest within six weeks after the date on which the complaint was submitted to Genderness and her affiliated organizations.
If, in the opinion of Genderness and her affiliated organizations, the required careful investigation of a complaint requires this, the term as referred to in the previous paragraph may be extended by a maximum of four weeks.
If it turns out to be impossible to reach a solution to the complaint within the terms mentioned in this article, the term can be extended by Genderness and her affiliated organizations by as much longer as necessary, provided the complainant has agreed to the extension in writing.
If the complaint has not been settled to the complainant’s satisfaction, there is the possibility to file the complaint with a third party. In the case of the UWV, the UWV is the point of contact for this. Otherwise, GenderTalent refers to the NOLOC or the Disputes Committee.
Genderness and her affiliated organizations ensures that the regulation is made known to the general public, and Talent in particular, among other things by mentioning it on its own website and by verbally pointing out the existence of the Genderness and her affiliated organizations Complaints Procedure in the event of a complaint.
Genderness and her affiliated organizations informs employees and others about the Genderness and her affiliated organizations Complaints Procedure and asks and supports them to act in accordance with it.
The persons involved in the handling of a complaint are obliged to observe confidentiality with regard to (personal) data obtained, the confidential nature of which is known or should reasonably be deemed to be known. This means that this information may not be provided to third parties.
Exceptions to the obligation of confidentiality are permitted if a statutory regulation, a final judicial decision or ex officio obligations require disclosure.