T&C Frigo Smart Fridges

Terms & Conditions Frigo Smartfridges

About us
Appèl realizes the best food experience in company restaurants in its own way and with passion. The emphasis is on a place where everyone can enjoy tasty, healthy and responsible food in an atmosphere that completely suits the company. With our innovative Smart Fridges we allow you access to delicious fresh food within seconds. Self-service and without requiring any assistance. Our Smart Fridges are stocked with an attractive selection of quality foods.

How it works
Our Smart Fridges are operated by means of a mobile application, that can be downloaded from the Apple App Store or Google Play Store. You are asked to create a user account and provide payment details once. The app contains a QR scanner which is used to unlock the Smart Fridge. Once unlocked you can just take out any products you want. Your selection is settled automatically once you close the fridge door. The app will list your purchases and receipts.

Address
Appèl B.V.
Mammoet 2
5236 NV 's-Hertogenbosch
The Netherlands

Contact
+31 (0) 73 - 612 50 50
Email: info@appel.nl
Website: www.appel.nl

Legal
Appèl BV, a private limited liability company, incorporated under Dutch law, with registered office at Mammoet 2, 5236 NV 's-Hertogenbosch, registered at the Dutch Chaimber of Commerce under # KvK 67307124 with VAT number NL27INGB0650257367.

Appèl BV, a private limited liability company, incorporated under Dutch law, with registered office at Mammoet 2, 5236 NV 's-Hertogenbosch, registered at the Dutch Chaimber of Commerce under # KvK 67307124 with VAT number NL27INGB0650257367. (“Appèl BV” or “We”) is committed to protecting and respecting your privacy. This privacy policy sets out the basis on which we process any personal data we collect from you or that you provide to us. Please read this privacy policy carefully to understand our views and practices regarding your personal data and how we will treat it.

Who are we?
Appèl BV is a Dutch catering company, operating in Offices, Campus locations and public buildings, through counter restaurants, foodcourts and Smart Fridges. The technology used in our Smart Fridges allow us to record and process which products you purchase from us. This enables us to keep our fridges properly stocked and help us adapt to our consumers’ needs. Payments occur through our App. For more information about Appèl BV and our products, visit our website www.appel.nl.

Our contact details:
E-mail address: info@appel.nl

Appèl BV acts as the data controller in processing your personal data. That means we determine the purposes for and the means by which your personal data is processed. If you have any questions about this Privacy Notice, the data we process, or if you would like to exercise one of your data protection rights, do not hesitate to contact us.

What kind of personal data we collect from you and for what purposes?
Data we process when you use our mobile app
Our Smart Fridges are operated with our App, which can be downloaded from the Apple App Store or Google Play Store. When you use the App for the first time, you will be asked to create a user account and provide payment details. The App contains a QR scanner that is to be used to unlock the fridge. Payments occur automatically after you have taken Products from the fridge. The App shows your purchases and receipts.

Through the fridge and App, we collect and process the following information:

  • First and last name
  • Location
  • E-mail address
  • Language preference
  • Information about your device, including device models, OS versions, configurations and settings, IP addresses, device identifiers, activity logs and click-throughs and other unique identifiers
  • Which Fridge(s) you have been using and at which point in time
  • The Products and amounts you have purchased from the Fridge(s)
  • Payment details, such as bank card (e.g. IBAN or BIC) or credit card number*

We use this information to:

  • Identify and authenticate you
  • Ensure the use of our services
  • Enable interaction with the Fridge(s)
  • Provide software updates
  • Offer maintenance services and customer support
  • Provide (personalized) notifications, alerts, offers and promotions through the App
  • Perform order management and inventory management.
  • Send you receipts by e-mail, if desired
  • Maintain security of our services and to improve it

In other words: we need your information to be able to offer you our services. Besides, we use your information to be able to increase the performance of the Fridge and the App and to improve customer experience. We have a legitimate interest to do so.
*Please note: we do not have access to your payment details. These are processed by our payment service provider, that acts as a data processor in a pseudonymized manner. Our payment service provider has no access to other information we collect about you. Your payment details are only processed after you have given consent. Your payment data are processed by our payment service provider. We have no access to your payment data. We receive a user-ID from our payment service provider, that we can link to the purchases you have made and the fridge you have been using, but not to you as an individual. We use the information about your purchases and the Fridge to perform order management and inventory management and to improve customer experience.

Data we process when you contact us
When you contact us, we process your name, e-mail address, telephone number (when you call us) and other information you provide to us. We use this information to communicate with you, to be able to respond to your questions, remarks and/or requests and to provide support.

Data we process through social media
We may use social media accounts to promote our business and interact with our customers. When you choose to comment or post content on our social media accounts, we can see your name and profile picture. Also, you might provide personal information in your comment or post. You are not required to provide personal information on social media, so this is your own responsibility. We will not process personal data you provide through social media any further.

How long do we store your personal data?
We will not store your personal data any longer than is necessary for the purposes for which is was collected. This means that information will be destroyed or erased from our systems when it is no longer required. We will pseudonymize the information we store as much as possible.
Some information will be stored for a certain period of time because of legal obligations imposed on us. For example, the Tax Authorities require us to store receipts, sales and inventory administration and other information for a legally determined number of years.
If you make use of our App, the personal information you provide is stored indefinitely until you delete your account.
Information you provide in public posts and comments on our social media accounts will be stored indefinitely, unless we delete our social media accounts, or you choose to remove your posts and reactions. You can also contact us if you want us to remove certain information.

Data processing by third parties
We make use of third parties to be able to run our business and offer you our services. Those third parties may process your personal data, but only to the extent necessary. The following third parties act as data processors and only process data on our behalf:

  • Our technical service supplier has developed our App and back office and stores information collected through the Fridges and the app on their servers.
  • Our payment service provider enables us to accept online payments through the App.
  • We work together with companies that provide services such as administration, billing, sending e-mails on our behalf, customer contact centers, advertisements and website and email hosting.
  • Affiliate companies which we control.

We may also share information with the following third parties:

  • Food suppliers, to offer you fresh food from our fridges.
  • Companies that can repair our fridges when they are broken or do not function properly.

We limit the disclosure of personal data to those parties as much as possible. We guarantee a similar level of protection by making contractual obligations opposable to these subprocessors, who are similar to this privacy policy.
We may share analytical data with our food suppliers, but we will not share anything that can be related to individuals with them. If you notify us of a defect in one of our Fridges by e-mail or telephone, we may occasionally share your contact details with repair and service companies. We will ask for your consent before we do so. Normally, we do not share personal information with such companies.
We may also disclose personal information to third parties when we are required to do so by the courts or to comply with other legal, statutory or regulatory obligations.

Data transfer outside the European Economic Area
We try to limit data transfer outside the EEA as much as possible. Some of the third parties mentioned above may transfer or store your data in countries outside the EEA. We make sure these third parties have appropriate safeguards in place.

Protection of your personal data
To keep your personal data safe and secure, we have implemented administrative, technical and physical security measures appropriate to the size and nature of our business. For example, we protect our devices with passwords and other security measures, keep our websites, devices and operating systems up to date, use firewalls against viruses, cyberattacks and unauthorized access and our website uses a SSL certificate for secure online communications. Also, the third parties that process data on our behalf all take your privacy very seriously. We have closed data processing agreements with them to ensure that your personal data is protected properly.

Your rights
As a data subject, the GDPR provides you with certain rights concerning your personal data these rights are the following:
 

A) Right of access and right to obtain a copy. You have the right to freely obtain at any moment access to your personal data, as well as to be informed about the purpose of the processing by us.

B) Right to rectification, erasure or restriction. You have the choice to share your personal data with us. You always have the right to ask us to amend your personal data. You can also request the processing of your personal data to be restricted if you think that your data is inaccurate and you subsequently notified us about this. Furthermore, you acknowledge that a refusal to share data or a request to erase there data will make the delivery of several services impossible.

C) Right to object. You have the right to object to the processing of your personal data when you have serious and legitimate reasons to do so.

D) Right to data portability. You have the right to obtain your personal data which is processed by us in a structured, commonly used format and/or to transfer this data to a data controller.

E) Right to withdraw consent. When the processing is based on prior consent you have the right to withdraw this consent.

F) Automated decisions and profiling. You have the right to request us not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you.

G) Right to file a complaint. You have the right to file a complaint with the Dutch Data Protection Authority:
Autoriteit Persoonsgegevens
PO Box 93374
2509 AJ DEN HAAG
Telephone number: (+31) - (0)70 - 888 85 00
Fax: (+31) - (0)70 - 888 85 01

If you want to exercise one of your rights, please contact us at info@appel.nl. To identify yourself, this e-mail must be accompanied with a copy of your ID or passport. We will get back to you within 1 month from the receipt of your request. When you use our App, you can also access and rectify some of your personal data from there.

If there is a dispute, we prefer to resolve it mutually. If we are unable to find a solution together, you can submit a complaint to the Dutch data protection authority:

Autoriteit Persoonsgegevens
PO Box 93374
2509 AJ DEN HAAG
Telephone number: (+31) - (0)70 - 888 85 00
Fax: (+31) - (0)70 - 888 85 01

Third-party websites
Our website or App may contain hyperlinks to third-party websites. Our privacy policy does not apply to any of those third-party websites. Therefore, we cannot guarantee that those third-party websites process your personal data in a safe or responsible way. If you land on a third-party website by clicking on a hyperlink, we recommend that you read the privacy policy of this third-party website to be informed on how they process your personal data.

Updates to this Privacy Notice
The services we offer might change from time to time. Laws and regulations may change as well. Therefore, we may update this privacy policy periodically without prior notice to you. We will publish the revised privacy policy on our website and/or in our App. We recommend that you check our privacy policy regularly to stay informed of changes that may affect you. If the way we process your personal data changes significantly, we may communicate these changes directly to you through the App, messages on the fridge or per email.

Applicable Law and Jurisdiction
This Privacy Policy is managed, interpreted and executed in accordance with Dutch law which exclusively applies to every potential dispute.
The courts and tribunals of ‘s Hertogenbosch have exclusive jurisdiction to settle any dispute arising out of or in connection to the interpretation or execution of the present Privacy Policy.

Refund Policy
We provide our products immediately at purchase via our Fridge. As we sell consumable food products, we are unable to accept any refunds, unless the product is damaged ora spoiled upon receipt. In case you are wrongly charged for products you have not taken from the Fridge, please contact us. You can find our contact information on our contact page.

IMPORTANT: Appèl BV a private limited liability, incorporated under the laws of The Netherlands, whose registered office is at Mammoet 2, 5236 NV 's-Hertogenbosch, registered at the Dutch Chaimber of Commerce under # KvK 67307124 with VAT number NL27INGB0650257367 (hereinafter referred to as: “Appel BV” or “We”) is offering you this service.

The technological solutions used in the Fridges make it possible for Appèl BV to record and process which Products you purchase from us. This makes it easier for us to stock the Fridges properly and to know its consumers’ needs. Payments occur through our App ("App"), i.e. a mobile app that you have to install on a mobile device. The underlying Terms and Conditions apply on all your interactions with the Fridges, your use of the App as well as on every transaction (or part of it) that is related to Appèl BV.

By using one of our Fridges, whether they work with the mobile app or a payment terminal, you acknowledge and agree that you are participating in a pilot project and that the Fridges and/or the App may not work properly yet. Please read these Terms and Conditions carefully before you use our Fridges and/or the App. Article 1 provides more detailed information about this pilot project.
For more information about Appèl BV and its products, visit our website www.appel.nl

1. Participating in the Appèl BV pilot project
1.1 You acknowledge and agree that you are participating in our pilot project. That means that you make use of prototypes of the Fridges, some of which may contain built-in Payment Terminals, and/or the App (“Prototypes”). The Prototypes are not released for commercial sale yet. The Prototypes may not operate properly, be in final form or fully functional. Also, the Prototypes may contain certain errors, design flaws or other problems. Use of the Prototypes may result in unexpected results, damage or loss. The Prototypes are not certified yet by any certification authority.


1.2 Every time the Fridge, Payment Terminal and/or App are mentioned in these Terms and Conditions, it must be understood as Prototype versions of the Fridge, Payment Terminal and/or App.


1.3 You acknowledge and agree that using the Prototypes is at your own risk. If you do not accept the risks associated with the use of the Prototypes, please do not use them. Always follow the instructions given in the App, on the Fridges, or provided through online or paper manuals.


1.4 If you discover errors, design flaws, unexpected results, damage, loss or any other problem related to your use of the Prototypes, please report them to us via info@appel.nl. By doing so, Appèl BV can improve the Prototypes and the services we deliver to you.


2. Applicability of these Terms and Conditions

2.1 These Terms and Conditions apply to all purchases you make through our Fridges, whether you pay through the App or through a Payment Terminal.

2.2 These Terms and Conditions also apply when you download and install the App on your mobile device, whether you purchase Products from our Fridges or not. You will be asked to accept these Terms and Conditions before you create a user account ("Account"). These Terms and Conditions apply to your use of the App, until you decide to cancel your use of the App. This cancellation can always be executed free of any charge.

3. Prices and payment
3.1 As with any retail experience, you are not allowed to take Products from our Fridges without paying for them. Payment occurs immediately upon purchase. We offer various electronic payment methods, such as credit card, charging your bank account or other (local) payment methods, to facilitate the purchase of Products from the Fridges. We reserve the right to add or remove payment methods without previous notice to you.

3.2 Prices and currency charged for Products may vary depending on your location. The prices of our Products include applicable sales tax.

3.3 If you have given your consent for processing payment details in the App, you authorize Appèl BV to charge your bank account, credit card or any account relating to any other payment method.

3.4 Your payment method may be preauthorized before making the actual purchase. If your payment method is declined, the Fridge may not open. We are not responsible if your payment method is declined for any reason.

3.5 We make use of a payment service provider and do not store or have access to any of your payment details. You acknowledge and agree that our payment service is governed by its own terms and conditions.

3.6 We are not responsible or liable for any damages if your payment is declined for any reason.

4. Refund and Cancellation Policy

4.1 We deliver our Products immediately at purchase through our Fridges. Our Products are meant to be consumed immediately. After you have taken Products from the Fridge, you cannot return the Products or cancel your purchase. We do not offer any refunds if you are, for whatever reason, not satisfied with the Products you have purchased.

4.2 We prepare our Products with the utmost care for quality and food safety. If you, however, happen to have purchased any Products that are not up to our high standards and something is off, please contact us at info@appel.nl as soon as possible and we will look for a suitable solution. If possible, please take pictures of the Products, so we can learn what went wrong.

4.3 If you are accidentally charged for Products that you have not purchased, please contact us at info@appel.nl as soon as possible and we will look for a suitable solution.

5. Using the Appèl BV App

5.1 Some of our Fridges should be operated with the App. By using the App, you can open the Fridge and take out the Products you desire. After you have closed the Fridge, the App will show your purchases and receipts. The App may also show other information, such as prices or the ingredients of our Products. You can download the App from the Google Play Store or Apple App Store.

5.2 To download and install the App, you need a mobile device with access to the internet, whether through a Wi-Fi connection or a mobile network. We are not responsible for any fees that your mobile network provider or internet service provider may impose on you.

5.3 You are granted a non-exclusive, non-transferrable license to use the App for personal use.

5.4 The App works on the latest versions of Android and Apple iOS. The App may work with older versions as well, but we cannot make representations or warranties of any kind hereof. You are solely responsible for keeping your devices up to date.

5.5 To use the App, you need to create a user account ("Account"). You are asked to provide certain information, including your name, a valid email address and language preference. Read our Privacy Policy to learn more about how we process your personal data. You are solely responsible for the accuracy of the information you provide through the App and your Account.

5.6 To enable payments through your Account, you need to provide your payment details, such as a bank account, credit card number or information relating to other (local) payment methods. You may change your payment information at any time at the Payments section in your Account. There may be a temporary disruption of your access to the payment service until the validity of the new payment details is verified.

5.7 We may, but are not obliged to, release updates for the App from time to time. In that case, you will always be informed thereof. These updates may concern new features, bug fixes or security updates. Please check the settings in your app store to see whether updates are installed automatically or should be installed manually. We recommend to always use the latest version of the App. The Fridges may not work properly with older versions of the App; you are solely responsible for installing updates and using the latest version of the App.

5.8 The App may not be available in all countries or in all languages, and may be subject to restrictions imposed by your network carrier, internet provider or local legislation. In case anything may not be clear in this respect, you are always free to contact us.

5.9 The App may include links to third-party websites or services, including but not limited to our payment service provider. Third-party websites or services are governed by their own terms and conditions and privacy policies. Use of such third-party websites or services is at your own risk. We are not responsible for any content that such third-party websites or services publish, nor are we liable for any damages that may result from using such third- party websites or services.

5.10 We reserve the right to modify, suspend, disable or remove your access to your Account if we notice that you are using your Account and/or the App for activities that may interfere of attempt to interfere with the operations of the Fridges and/or the App, including but not limited to hacking, spamming, uploading computer viruses, harvest personal information of other users, creating fraudulent or spoof accounts, attempting to access the Fridges by other means than using the App, or any other means. Appèl BV reserves all rights to have such practices sanctioned before the competent court.

6. Content and Advertisements

6.1 The screens on the Fridges and/or the App may display advertisements, promotions, illustrations and other content ("Content") from us or third parties, such as (but not limited to) food suppliers we work with. Depending on the information you have made available to us or third parties, such advertisements or promotions may be personalized and targeted to you. We are not liable for any damages that may result from incorrect or incomplete information that is not related to and/or originating from Appèl BV itself, but is published through such advertisements or promotions.

6.2 Content may include descriptions, visualization and other details of the Products sold in our Fridges. Such information is provided for your convenience only. We do not guarantee the accuracy of such information. In that respect, you acknowledge and agree that you purchase and consume our Products at your own risk.

6.3 The Content will be focused around food advertisements and food and nutrition information. In case you feel exposed to Content that you may find offensive, indecent or objectionable, we are not liable to you for such Content.

6.4 We reserve the right to add or remove content for any reason and without prior notice.

6.5 For third-party content, the creator, owner or licensee retains the intellectual property rights on such content.

7. Intellectual Property Rights

7.1 We and/or our licensors retain the intellectual property rights, such as copyrights, trademarks, trade secrets, trade names, patents or other intellectual property rights on the Fridges, the App and all related Content and any other materials (except for the content mentioned in article 6.5). You are not allowed to copy or reproduce any of the materials protected by intellectual property rights, or make them available to third parties, without our prior written permission. We are allowed to claim compensation from you when you violate this provision.

7.2 If you notice a copyright infringement, please contact us at info@appel.nl. It is our policy to respond to notices of alleged copyright infringement as soon as possible.

7.3 The provisions of this article remain valid after termination of the Agreement between you and us.

8. Indemnification

8.1 You indemnify us from and against any third-party claims, actions, liabilities, losses, damages, judgments, costs and expenses, including reasonable attorney’s fees, that arise because you breach any of the provisions of these Terms and Conditions and/or you violate any laws, regulations or the rights of any third party.

8.2 You also indemnify us from and against any third-party claims, actions, liabilities, losses, damages, judgments, costs and expenses, including reasonable attorney’s fees, if not you, but any other person that you allow to use the Fridges and/or the App and/or your Account, breaches these Terms and Conditions and/or violates any laws, regulations or the rights of any third party.

9. Disclaimer of liability

9.1 We are only liable for damage if and insofar as this damage is caused by intent or gross negligence from our side. Under no circumstances Appèl BV will cover direct or indirect personal damage and/or direct or indirect property damage to the extent that these damages results from the consumer’s own negligence.

9.2 Appèl BV is not liable for damage that results from not following instructions, manuals and warnings regarding the Fridge, App, your Account and/or our Products.

9.3 Appèl BV is not liable for third-party content to which you may be exposed when you use the Fridges and/or the App. Any responsibility or liability of such content remains solely with the creator, owner or licensee of such content and not with us. Article 6 explains more about third-party content.

9.4 If you use the App, Appèl BV is not liable for damage resulting from incorrect information you provided in your Account or loss of your password or other information you provided. We are never liable for data loss or security breaches associated with the App.

9.5 Appèl BV is not liable for damages if any obligation under these Terms and Conditions is prevented, delayed, restricted or interfered with by causes beyond our reasonable control and despite Appèls’ good intentions ("Force Majeure"). Force Majeure includes, without limitation, fire, explosion, vandalism, storm or other similar occurrences, orders or acts of military or civil authority, national emergencies, insurrections, riots or wars, or strikes, lock-outs or work stoppages. Force Majeure also includes causes beyond the reasonable control of third parties with which we cooperate, such as food suppliers, and which affect us in meeting our obligations under these Terms and Conditions.

10. Complaints

10.1 If you have a complaint about any shortcomings in the Fridges, the App and/or our Products, you must inform us within 7 days after discovery of the shortcomings in writing to the following address: Mammoet 2, 5236 NV ’s-Hertogenbosch. After 7 days, the right to file a complaint expires and we are not obliged to take your complaint into consideration anymore.

10.2 We will respond to your complaint as soon as possible, but no later than within 7 days after having received it. If it is not yet possible for us to formulate a substantive reaction within 7 days, we will confirm the receipt of your complaint and we will give an indication of the term within we expect to give a substantive reaction to your complaint.

10.3 Your complaint must contain a detailed description of the shortcomings you have discovered, so we are able to assess your complaint and its correctness adequately. As far as possible and pertinent, the complaint should be substantiated with photographic material in order to allow a careful study of the complaint. If your complaint is grounded, we will do our best to resolve it within a reasonable period of time.

10.4 Filing a complaint does not give you the right to suspend payments or to receive refunds.

11. General

11.1 You may only use the Fridges, the App and our Products for personal, non-commercial use. You may not use the Fridges, the App and/or our Products for any purpose that is unlawful or prohibited by these Terms and Conditions.

11.2 In the event of any provision of these Terms and Conditions being or becoming void in whole or in part, then the other provisions of the Agreement shall remain fully valid and enforceable and the void provisions shall be replaced by other provisions corresponding as closely as possible with the void provisions.

11.3 We reserve the right to change, suspend or discontinue the services we offer through our Fridges and/or the App without notice.

11.4 We may modify or amend these Terms and Conditions from time to time. In that case, you will always be informed thereof.

11.5 You are not allowed to transfer or assign any of your rights under these Terms and Conditions to a third party.

11.6 The consumer is expected to execute the underlying Terms and Conditions both in good faith and in the way there are meant to be executed.

12. Disputes and Governing Law

12.1 These Terms and Conditions shall be governed by and interpreted in accordance with the laws of The Netherlands.

12.2 If any dispute arises out of, or in connection with, your use of the Fridges and/or the App, the damaged party will, in first instance, try to resolve this dispute mutually and in an amicable way within a reasonable period of time. If, however, this does not offer a workable solution (e.g. when no action is taken on a notice of default) the dispute shall be settled by the competent Dutch court.

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