Terms

Color Netherlands handles user data for its online products and services with utmost care. Personal information is treated and secured meticulously, and Color Netherlands adheres to privacy laws in all instances.

PLEASE NOTE, NO RIGHT OF WITHDRAWAL
There is no right of withdrawal for your donation. We want to make you aware that after your donation, we will immediately commence the purchase of the necessary materials for your donated item. Therefore, you must give consent to agree to the waiver of your right of withdrawal. The purchase of a product from the shop is considered a donation.

LIABILITY
The terms described on this page apply to both consumers and businesses visiting and using the shop. By using or visiting the shop, the consumer or company automatically agrees to these terms, notices, and provisions. This shop reserves the right to amend the terms, provisions, and notices at any time. It is the responsibility of the consumer or company to regularly read the terms.

ARTICLE 1. DEFINITIONS (ALPHABETICAL)

1.1 Cooling-off period: a period during which the giving party can refrain from the agreement.

1.2 Donation: a monetary amount given by the giving party to Color.

1.3 Donation form: a means to make an online donation to Color.

1.4 Giving party: the natural or legal person making a donation to Color through electronic authorization via the Color website.

1.5 Statutes: Color aims to contribute to creating a sustainable world for all children.

1.6 Online donation: giving money through electronic authorization via the Color website.

1.7 Receiving party: the legal entity Color, which, based on the agreement, receives a donation for the execution of the statutes.

1.8 Agreement: the remote agreement between the receiving party and giving party.

1.9 Remote agreement: an agreement in which, within the framework of a system organized by the Receiving Party for donations, the agreement is concluded solely using one or more techniques for remote communication.

ARTICLE 2. APPLICABILITY

2.1 These General Terms and Conditions apply to every online donation to Color.

2.2 The giving party, by donating online, agrees to these General Terms and Conditions.

2.3 Color reserves the right to change the General Terms and Conditions at any time.

3.1 Online donations go entirely to Color.

3.2 Color has complete freedom within its statutes to allocate these online donations.

3.3 Ownership of the donated amount transfers to Color after the donated amount is credited to Color’s bank account.

3.4 Liability: Color does not accept liability for damages on the part of the giving party resulting from the donation made by the giving party. The giving party indemnifies Color from all third-party claims for damages suffered by those third parties due to the donation made by the giving party to Color.

ARTICLE 4. OBLIGATIONS OF THE COLOR FOUNDATION

4.1 The Color Foundation undertakes to utilize the received amounts in accordance with its statutes.

4.2 The Color Foundation adopts appropriate technical and organizational measures to secure communication, personal data, electronic data transfer, and online donations, ensuring a secure web environment. This constitutes an obligation of effort, and the Color Foundation accepts no liability under this obligation.

4.3 All individuals authorized on behalf of the Color Foundation to access personal data are bound by confidentiality.

ARTICLE 5. OBLIGATIONS OF THE GIVING PARTY

5.1 To enter into an agreement with the receiving party, the giving party must be at least 18 years old. By entering into an agreement, the giving party declares that they meet this age requirement.

5.2 A giving party under 18 years old can make an online donation and online payment only in the presence and with the approval of a parent or guardian.

5.3 The giving party provides their correct identity information.

5.4 The giving party makes donations only with funds they are entitled to and have control over.

5.5 The Color Foundation reports to the police if the giving party makes donations under a false name or identity or with funds they are not entitled to and have no control over.

5.6 The giving party ensures that a potential partner, as defined in Article 88 Book 1 of the Civil Code, has given their consent in advance for the donation, if it is considered unusual and/or excessive.

ARTICLE 6. PROCESSING OF PERSONAL DATA

6.1 GDPR The protection of your personal data and your associated rights are essential. In this regard, we comply with the relevant European regulations: GDPR (General Data Protection Regulation) or AVG (Algemene Verordening gegevensbescherming).

6.2 What is the GDPR? GDPR is the new reference for data protection at the European level, aiming to strengthen the framework and management practices regarding the collection and use of personal data.

The rules of the GDPR replace Directive 95/46/EC and apply from May 25, 2018, to all public and private companies in the member states of the European Union. In particular, organizations that:

• Offer goods and services on the (unified) EU market.
• Collect and process data from EU residents. Note that the regulation also applies to companies not established in the EU as soon as they collect and process personal data of residents in the EU.

The rules and obligations of the GDPR apply to the processing – automated or not – of personal data, meaning any information concerning an identified or identifiable natural person. An identifiable natural person is a natural person who can be directly or indirectly identified by reference to an identification, such as a name, number, location data, an online identifier, or one or more specific elements of the physical, physiological, genetic, psychological, economic, cultural, or social identity.

The processing of data, in the interpretation of the GDPR, refers to the collection, access, storage, manipulation, destruction, and consultation of data.

6.3 Whose personal data is collected and stored?

• Interested parties in the purpose and campaigns of Color.
• People who participated in at least one action, campaign, or fundraising organized by Color.
• Donors
• Supporters

6.4 What data? Depending on the situation and subject to the consent of the person concerned, Color collects and stores the following data:

• Name and first names
• Gender
• Language
• Date of birth
• Residence and domicile
• Private and professional email addresses
• Fixed and mobile phone number
• Bank account number
• Company name
• Company function
• Images and photos
• All sensitive data concerning the beneficiaries, volunteers, and donors of the organization

6.5 What data? Data can be collected through:

• Registration forms on the site
• Telephone, door-to-door, and street campaigns
• requests for information or support by email or phone on the website
• Spontaneously offered

6.6 Why are the data stored? Color retains the above data for processing requests from those involved, including:

• Keeping donors and supporters informed about current actions and future needs
• Thanking and engaging donors and supporters
• Inviting donors and supporters to make new contributions (one-time or monthly donations, donations, purchases, legacies…)
• Improving the service to donors and supporters.
• Informing donors and supporters about updates to websites and social media related to the organization and current events.
• Generating statistics.
• Offering the most efficient and appropriate support to beneficiaries and volunteers.

6.7 Where are the data stored, and who has access? Personal data is stored in database and file systems owned by Color. Data collected and stored by Color is accessible to authorized personnel of Color. They are not disclosed to third parties.

6.8 How long are these data stored? Data concerning those who do not consent to its retention for purposes other than answering their specific question is not kept longer than necessary for processing the question. This period can take 30 to 60 days for information requests, educational materials, purchases, unique gifts, or participation in an action. The data of people who show interest in the actions, activities, and future campaigns of Color, as well as data of those involved in donations, are kept in accordance with Article 5 of the (GDPR) regulation, namely: for the period according to the intended purposes or until explicit revocation by the individuals concerned.

6.9 What are the rights of the individuals concerned? One of the main objectives of the GDPR is to improve the rights of European residents, to whom the following rights are granted:

• The right to access their data.
• The right to (have) correct(ed) their inaccurate data.
• The right to be forgotten, which requires the deletion of all related data.
• The right to limit the processing of their data.
• The right to the portability of their data, allowing a person to request the data they have provided in an easy-to-use format and, if necessary, transfer it to a third party.

6.10 How to exercise these rights? Those involved can exercise their rights by contacting Color through:

• Email to info@color.com

Color commits to formulate a response within the period of one month, from the receipt of the request, which may consist of:

• The actions taken in positive response to the request; or
• The need to extend the response time by two months in complex cases, stating the reasons for this extension; or
• In the case of a negative response, the reason(s) for the refusal, as well as informing about the possibilities to file a complaint with the supervisory authority or to appeal to the court.

ARTICLE 7. FINAL PROVISIONS

7.1 The disclaimer and privacy statement that Color uses remain fully applicable.

7.2 The Amsterdam District Court has exclusive jurisdiction to rule on all disputes arising between Color and a counterparty. With regard to disputes falling within the competence of the sub-district sector, the sub-district judge of the Amsterdam District Court is also exclusively competent. In this context, disputes also mean those disputes that are only perceived or designated as disputes by one of the parties.

7.3 Parties declare that Dutch law applies.