Privacy Policy

Contact Information
Oosterschelde 133, 2134 WL Hoofddorp, Netherlands
Phone: +31 6 26260633

Personal Data We Process
Fortrisk processes your personal data when you use our services or provide information directly. The data we collect includes:

Full name
Address
Phone number
Email address
Data on your activity on our website
Browser and device type

Special or Sensitive Personal Data
Our website does not intend to collect data from visitors under 16 unless they have parental consent. However, we cannot verify a visitor’s age. We recommend that parents monitor their children's online activity. If you believe we have collected personal data from a minor without consent, please contact us at contact@fortrisk.nl, and we will delete the data.

Purpose and Legal Basis for Processing
Fortrisk processes your personal data for the following purposes:

Sending newsletters or promotional materials
Contacting you via phone or email to perform our services
Analyzing your browsing behavior to tailor our services to your needs

Automated Decision-Making
We may use automated systems to make decisions with significant consequences, such as eligibility assessments. These decisions are made using software (Mono) without human intervention.

Data Retention
We do not retain personal data longer than necessary for the stated purposes. Specific retention periods are available upon request.

Sharing Personal Data with Third Parties
Fortrisk does not sell your data. We share data only when necessary for service delivery or legal compliance. We sign data processing agreements with third-party processors to ensure equivalent data protection standards.

Cookies and Similar Technologies
We use functional, analytical, and tracking cookies. These help optimize website performance and personalize content and ads. Upon your first visit, we asked for your consent to use these cookies. You can disable cookies via your browser settings.

Example cookie used:

Cookie: Google Analytics
Purpose: Measures website usage
Retention: 2 years
More info: veiliginternetten.nl

Access, Modify or Delete Your Data
You have the right to access, correct, delete, or transfer your personal data. You can also withdraw consent or object to processing. Requests should be sent to contact@fortrisk.nl, with a copy of your ID (please black out your photo, MRZ, ID number, and BSN). We will respond within four weeks.

Complaints can be submitted to the Dutch Data Protection Authority: autoriteitpersoonsgegevens.nl

Data Security
We take appropriate measures to protect your data against misuse, loss, or unauthorized access. If you suspect misuse, contact us immediately at contact@fortrisk.nl.

General Terms and Conditions

Fortrisk B.V.
Registered with the Chamber of Commerce under number: 94853800

Article 1 Definitions

In these general terms and conditions, the following terms have the following meanings, unless explicitly stated otherwise. Fortrisk: the user of these general terms and conditions, Fortrisk B.V. Client: the counterparty of Fortrisk. Agreement: the agreement for the provision of services.

Article 2 General

These terms and conditions apply to every offer, quotation and agreement between Fortrisk and a client to which Fortrisk has declared these terms and conditions applicable, insofar as the parties have not expressly and in writing deviated from these terms and conditions.
These terms and conditions also apply to all agreements with Fortrisk for the performance of which third parties need to be involved.
Any deviations from these general terms and conditions are only valid if expressly agreed in writing.
If one or more provisions of these general terms and conditions are or become void, the remaining provisions shall remain fully applicable. Fortrisk and the client will then consult to agree on new provisions to replace the void provisions, taking into account, as far as possible, the purpose and intent of the original provision.

Article 3 Offers and quotations

Quotations made by Fortrisk are without obligation; they are valid for 30 days, unless stated otherwise. Fortrisk is only bound to its quotations if acceptance thereof is confirmed in writing by the other party within 30 days, unless stated otherwise.
Prices stated in offers and quotations are exclusive of VAT and other government levies, as well as any costs incurred in the context of the agreement, including shipping and administration costs, unless stated otherwise.
If the acceptance deviates (on minor points) from the offer stated in the quotation, Fortrisk is not bound by it. In that case, the agreement does not come into effect in accordance with this deviating acceptance, unless Fortrisk indicates otherwise.
A composite price quotation does not oblige Fortrisk to perform part of the assignment against a corresponding part of the quoted price.
Offers or quotations do not automatically apply to future assignments.

Article 4 Performance of the agreement

Fortrisk shall perform the agreement to the best of its insight and ability and in accordance with the requirements of good workmanship, based on the state of knowledge known at that time.
To the extent that the proper performance of the agreement so requires, Fortrisk has the right to have certain work carried out by third parties in consultation with the client, solely after having obtained the client's written consent to do so. The client can only give written consent once it has the information it needs about the third parties, including but not limited to the price of the work to be performed.

The client shall ensure that all data which Fortrisk indicates is necessary, or which the client should reasonably understand to be necessary for the performance of the agreement, is provided to Fortrisk in a timely manner. If the data required for the performance of the agreement is not provided to Fortrisk in time, Fortrisk has the right to suspend performance of the agreement and/or to charge the client the additional costs resulting from the delay at the usual rates.
If it has been agreed that the agreement will be performed in phases, Fortrisk may suspend performance of the parts belonging to a subsequent phase until the client has approved the results of the preceding phase in writing.
If work is carried out by Fortrisk or third parties engaged by Fortrisk in the context of the assignment at the client's location or a location designated by the client, the client shall, free of charge, provide the facilities reasonably desired by those employees, meaning a workplace and helpdesk support for the use of the client's ICT systems.

Article 5 Amendment of the agreement

If it becomes apparent during the performance of the agreement that it is necessary for proper performance to amend or supplement the work to be carried out, the parties will adjust the agreement accordingly in a timely manner and in mutual consultation.
If the parties agree that the agreement is amended or supplemented, the time of completion of performance may be affected as a result. Fortrisk will inform the client of this as soon as possible.
If the amendment of or addition to the agreement has financial and/or qualitative consequences, Fortrisk will inform the client of this in advance.
If a fixed fee has been agreed, Fortrisk will indicate the extent to which the amendment or addition to the agreement results in that fee being exceeded.
Notwithstanding paragraph 3, Fortrisk will not be able to charge additional costs if the amendment or addition is the result of circumstances attributable to Fortrisk.

Article 6 Contract term; performance period

The agreement between Fortrisk and a client is entered into for the period following from the nature of the agreement and expressly and in writing agreed by the parties.
If a period has been agreed within the term of the agreement for the completion of certain work, this is never a strict deadline. In the event the performance period is exceeded, the client must therefore give Fortrisk written notice of default.

Article 7 Fee

For offers and agreements in which a fixed fee is offered or agreed, paragraphs 2, 4 and 5 of this article apply. If no fixed fee is agreed, paragraphs 3, 4, 5, 6 and 7 of this article apply.

The parties may agree on a fixed fee when concluding the agreement.
If no fixed fee is agreed, the fee will be determined on the basis of actual hours spent. The fee is calculated according to Fortrisk's usual hourly rates applicable for the period in which the work is performed, unless a different hourly rate has been agreed.
For assignments with a duration of more than 2 months, the amounts due will be invoiced periodically or in phases.
If Fortrisk agrees a fixed fee or hourly rate with the client, Fortrisk is entitled to increase this fee or hourly rate annually by way of an annual rate indexation.
Fortrisk will notify the client in writing of its intention to increase the fee or rate. Fortrisk will state the extent of the increase and the date on which it will take effect.

If the client does not wish to accept an increase in the fee or rate as communicated by Fortrisk, the client is entitled to terminate the agreement in writing, or to cancel the assignment, within 7 working days of the notification concerned, effective as of the date stated in Fortrisk's notification on which the price or rate adjustment would take effect.

Article 8 Payment

Payment must be made within 14 days of the invoice date, in a manner specified by Fortrisk, in the currency in which the invoice was issued. Objections to the amount of an invoice do not suspend the payment obligation.
If the client fails to pay within the 14-day period, the client is in default by operation of law. The client will then owe interest of 1% per month, unless the statutory interest rate is higher, in which case the statutory interest rate applies. Interest on the amount due will be calculated from the moment the client is in default until the moment the full amount has been paid.
In the event of liquidation, bankruptcy, attachment or suspension of payment on the part of the client, Fortrisk's claims against the client are immediately due and payable.
Fortrisk has the right to apply payments made by the client first to reduce costs, then to reduce accrued interest, and finally to reduce the principal sum and current interest. Fortrisk may, without thereby being in default, refuse an offer of payment if the client designates a different order of allocation. Fortrisk may refuse full repayment of the principal sum if this does not also settle the accrued and current interest as well as the costs.

Article 9 Retention of title

All goods delivered by Fortrisk, including but not limited to designs, sketches, drawings, films, software and (electronic) files, remain the property of Fortrisk until the client has fulfilled all obligations arising from all agreements concluded with Fortrisk.
The client is not authorised to pledge or otherwise encumber the goods subject to retention of title.
If third parties seize the goods delivered under retention of title, or wish to establish or assert rights to them, the client is obliged to notify Fortrisk of this as soon as may reasonably be expected.
In the event that Fortrisk wishes to exercise its ownership rights referred to in this article, the client hereby grants unconditional and irrevocable permission to Fortrisk, or to third parties designated by Fortrisk, to enter all locations where Fortrisk's property is located and to repossess those goods.

Article 10 Collection costs

If the client fails or is in default in the (timely) performance of its obligations, all reasonable costs incurred in obtaining out-of-court satisfaction shall be borne by the client. In any case, in the event of a monetary claim, the client owes collection costs. Collection costs are calculated in accordance with the collection rate recommended by the Netherlands Bar Association in collection matters.
If Fortrisk has incurred higher costs which were reasonably necessary, these will also be eligible for reimbursement.
Any reasonable judicial and enforcement costs incurred shall also be borne by the client.

Article 11 Inspection, complaints

Complaints about the work performed must be reported to Fortrisk in writing by the client within 8 days of discovery, and no later than 14 days after completion of the relevant work. The notice of default must contain as detailed a description as possible of the alleged shortcoming, so that Fortrisk is able to respond adequately.

If a complaint is found to be justified, Fortrisk will still perform the work as agreed, unless this has demonstrably become pointless for the client in the meantime. The latter must be communicated to Fortrisk in writing by the client.
If it is no longer possible or meaningful to still perform the agreed work, Fortrisk will only be liable within the limits of Article 15.

Article 12 Termination

Both parties may terminate the agreement in writing at any time, unless otherwise agreed in the agreement.
If the agreement is terminated prematurely by the client, Fortrisk is entitled to compensation for the resulting and reasonably demonstrable loss of capacity utilisation, unless the termination is based on facts and circumstances attributable to Fortrisk. The client is furthermore obliged to pay the invoices for work performed up to that point. The provisional results of the work performed up to that point will accordingly be made available to the client, subject to reservation.
If the agreement is terminated prematurely by Fortrisk, Fortrisk will, in consultation with the client, arrange for the transfer of work still to be performed to third parties, unless the termination is based on facts and circumstances attributable to the client.

Article 13 Suspension and dissolution

The parties are authorised to suspend performance of their obligations or to dissolve the agreement if: 1.1 the other party fails to fulfil its obligations under the agreement, or fails to do so in full; 1.2 circumstances become known to a party after the conclusion of the agreement giving good grounds to fear that the other party will not fulfil its obligations. Where there are good grounds to fear that the other party will only partially or improperly fulfil its obligations, suspension is only permitted to the extent justified by the shortcoming.
The parties are furthermore authorised to dissolve the agreement if circumstances arise of such a nature that performance of the agreement is impossible, or can no longer reasonably be required in accordance with standards of reasonableness and fairness, or if other circumstances of such a nature arise that unchanged continuation of the agreement cannot reasonably be expected.
If the agreement is dissolved, Fortrisk's claims against the client become immediately due and payable. If Fortrisk suspends performance of its obligations, it retains its rights under the law and the agreement.
Fortrisk always retains the right to claim damages.

Article 14 Return of goods made available

If Fortrisk has made goods available to the client in the performance of the agreement, the client is obliged to return the delivered goods within 14 days, in their original condition, free of defects and complete. If the client fails to fulfil this obligation, all resulting costs shall be borne by the client.
If the client, for whatever reason, remains in default of the obligation referred to under paragraph 1 after having been given notice to comply, Fortrisk has the right to recover the resulting damage and costs, including replacement costs, from the client.
Article 15 Liability

Fortrisk is only liable for shortcomings in the performance of the assignment to the extent that these result from a failure by Fortrisk to observe the due care, expertise and professionalism that may be relied upon when providing advice in connection with the relevant assignment. Liability for damage caused by such shortcomings is limited to the amount of the fee received by Fortrisk for its work in connection with that assignment, up to a maximum of the amount paid out under Fortrisk's professional indemnity insurance in the relevant case, increased by the applicable deductible. For assignments with a duration of longer than six months, this liability is further limited to a maximum of the amount invoiced over the last six months.
Any liability of Fortrisk for indirect damage, including but not limited to consequential damage, loss of profit, missed savings, reputational damage and damage due to business interruption, is excluded.
The exclusions and limitations set out in this article do not apply insofar as the damage is the result of intent or deliberate recklessness on the part of Fortrisk or its management.
Any claims by the client as referred to in this article must be submitted within six months of discovery of the damage, and no later than one year after completion of the assignment, failing which the client forfeits its rights.

Article 16 Processing of personal data

Insofar as Fortrisk processes personal data on behalf of and under instruction of the client in the performance of the agreement, Fortrisk qualifies as a processor within the meaning of the General Data Protection Regulation (GDPR), and the client as controller.
In that case, the parties will enter into a separate data processing agreement prior to or at the start of the work, in which agreements are laid down regarding, among other things, the purpose and nature of the processing, security measures, confidentiality, the engagement of sub-processors, and the handling of data breaches.
Fortrisk processes personal data only for the duration and purpose of the assignment, and not longer or more broadly than necessary for proper performance thereof.
For the processing of personal data of the client itself (contact persons, billing details, etc.) where Fortrisk acts as controller, Fortrisk refers to its privacy statement, available at fortrisk.nl.

Article 17 Indemnification

The parties indemnify each other against claims by third parties relating to intellectual property rights on materials or data provided by the other party and used in the performance of the agreement.
If the client provides Fortrisk with data carriers, electronic files, software, etc., the client guarantees that these data carriers, electronic files or software are free of viruses and defects.

Article 18 Transfer of risk

The risk of loss or damage to goods that are the subject of the agreement passes to the client at the moment these are legally and/or actually delivered to the client, thereby coming under the control of the client or of a third party designated by the client.

Article 19 Force majeure

The parties are not obliged to fulfil any obligation if prevented from doing so as a result of a circumstance not attributable to fault, and which is not for their account under the law, a legal act, or generally accepted standards.
Force majeure within the meaning of these general terms and conditions includes, in addition to what is understood as such under law and case law, all external causes, whether foreseen or unforeseen, over which the parties have no influence, but as a result of which the parties are unable to fulfil their obligations. This includes strikes.
The parties also have the right to invoke force majeure if the circumstance preventing (further) performance arises after the parties should have fulfilled their obligations.
During the period that the force majeure continues, the parties may suspend their obligations under the agreement. If this period lasts longer than two months, either party is entitled to dissolve the agreement, without any obligation to pay damages to the other party.
To the extent that Fortrisk has, at the time force majeure occurs, already partially fulfilled its obligations under the agreement, or will be able to fulfil them, and the part fulfilled or to be fulfilled has independent value, Fortrisk is entitled to invoice the part already fulfilled or to be fulfilled separately. The client is obliged to pay this invoice as if it were a separate agreement.

Article 20 Confidentiality

Both parties are obliged to maintain the confidentiality of all confidential information that they have obtained from each other or from another source in connection with their agreement. Information is considered confidential if this has been communicated by the other party, or if this follows from the nature of the information.

If Fortrisk is obliged, pursuant to a statutory provision or a court ruling, to disclose confidential information to third parties designated by law or by the competent court, and Fortrisk cannot invoke a legal or judicially recognised or permitted right of non-disclosure in this respect, Fortrisk is not obliged to pay damages or compensation, and the other party is not entitled to dissolve the agreement on the basis of any damage arising as a result.

Article 21 Intellectual property and copyright

Without prejudice to the other provisions of these general terms and conditions, Fortrisk reserves the rights and powers to which it is entitled under the Copyright Act.
All documents provided by Fortrisk, such as reports, advice, agreements, designs, sketches, drawings, software, etc., are intended exclusively for use by the client.
Fortrisk retains the right to use the knowledge gained through the performance of the work for other purposes, insofar as no confidential information is thereby disclosed to third parties.
Without the express consent of Fortrisk, elaborated quotations, ideas, models, advice, course materials and other intellectual output of Fortrisk may not be reproduced in any way, made available to third parties for inspection, and/or used in violation of any other intellectual property right.

Article 22 Non-solicitation of personnel/professionals

During the term of the agreement and for one year after its termination, the client shall not, in any way, except after proper business consultation has taken place with Fortrisk in this regard, employ or otherwise, directly or indirectly, engage the services of employees of Fortrisk or of undertakings which Fortrisk has engaged for the performance of this agreement and which are or have been involved in the performance of the agreement.

Article 23 Disputes

The court in the place of business of Fortrisk has exclusive jurisdiction to hear disputes, unless the cantonal court has jurisdiction. Nevertheless, Fortrisk has the right to submit the dispute to the court with jurisdiction under the law.
The parties will only resort to the courts after having made every effort to resolve a dispute in mutual consultation.

Article 24 Applicable law

Dutch law applies to every agreement between Fortrisk and the client.

Article 25 Amendment and location of the terms and conditions

These terms and conditions are provided with every quotation and/or order confirmation.
The most recently filed version, or the version applicable at the time the agreement was concluded, shall always apply.