Definitions
| Term | Definition |
|---|---|
| Offer Details | means the prices and related terms and conditions applicable to a Subscription Offer, as published in the Dashboard, on Ziber's website or on an order form |
| Subscription | means an enrollment for Services for a defined Term as specified in the Dashboard or on the Offer Details. The Ziber Customer Terms and Conditions apply to every purchased Subscription. |
| Subscription Offers | the range of different Subscriptions that Ziber offers Ziber to you |
| Subscription Renewal | renewing a Subscription for a Term |
| GDPR | the General Data Protection Regulation (Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of Personal Data and on the free movement of such data, and repealing Directive 95/46/EC) |
| Payer | a person who makes a payment through the Ziber Pay functionality |
| Beta Versions | means preview, beta or other preliminary versions or features of the Services or software that Ziber offers to obtain customer feedback. |
| Data Subject, Third Party, Personal Data Processing of Personal Data | the terms as defined in the GDPR |
| Dashboard | means the respective websites where you can purchase and modify your Subscriptions to Services. In addition, you can find all kinds of other administrative matters in the Dashboard regarding the Services you have purchased from Ziber. |
| Data Breach | a personal data breach, as referred to in Article 4(12) of the GDPR |
| Third Party | a party other than you, Ziber and/or Ziber Affiliates |
| Service (or Services) | means any of the Services made available by Ziber as described in the Terms of Use. |
| Third-Party Service(s) | services, products, software, embeddings, or applications provided or manufactured by a Third Party or by yourself |
| Service Credit(s) | is the percentage of the Applicable Service Fees that will be paid to you upon Ziber's approval of a claim. |
| Digital Educational Tool | a digital product and/or digital service in which Personal Data of Education Participants is Processed for the purpose of providing education, including preparing, implementing, evaluating and supporting the education (process) and guiding and monitoring Education Participants (in their learning process) |
| DNS | The Domain Name System (DNS) is a system that converts domain names into IP addresses that computers use to identify each other on the network. |
| Target area | The area (country or region) covered by the cooperation |
| Domain Name | A domain name is a legible and unique name used to identify a website or a network resource on the internet. A domain name typically consists of two main parts: the name itself and a top-level domain (TLD), such as .com, .org, .net, etc. For example, in "example.com", "example" is the name and ".com" is the TLD. |
| Domain Name Registration | A domain name that is unique within its top-level domain (TLD) and that is assigned to an entity for a specified period of time, usually one year, with the option to renew. |
| Downtime | is defined for each Service in the Ziber SLA. Planned Downtime is not included in Downtime. |
| Ownership | means, for the purposes of this definition, control of more than 50% of the interests in an entity. |
| End Users | means any person you authorize to use the Service, use Customer Data hosted in the Services, or otherwise use the Services. |
| External Connectivity | is bi-directional network traffic over supported protocols, such as HTTP and HTTPS, that can be sent and received on a public IP address |
| Feedback | suggestions, comments, ideas or knowledge, in any form whatsoever that a user gives to Ziber regarding the Services |
| Error Code | means an indication that an operation failed, such as an HTTP status code in the 5xx range |
| User Minutes | means the total number of minutes per Applicable Period, less all Scheduled Downtime, multiplied by the total number of users. |
| Terms of Use | general terms and conditions that apply to all users if they (want to) use the Ziber Services |
| Usage Rules | rules that Customers of the Ziber Services must adhere to if they want to use the Services as described in the Ziber Customer Terms and Conditions |
| Code of Conduct | rules that users of the Ziber Services must comply with if they wish to use the Services as described in the Terms of Use |
| Data | information we collect relating to you and your devices that may be personally identifiable, as described in our Privacy Policy |
| Affiliates | means any legal entity owned by a party, owned by a party, or jointly owned with a party. |
| Scheduled Downtime | means periods of Downtime associated with maintenance or upgrades of networks, hardware or Services. At least five (5) days prior to the onset of such Downtime, we will post a notice or notify you. |
| Incident | means (i) a single event or (ii) a series of events, causing Downtime. |
| Instructions | written or electronically controlled designation of the Educational Institution in its capacity as Controller to the Processor in the context of its powers as formulated in this Data Processing Agreement or in the Underlying Agreement |
| Your Data | personal profile information, your correspondence with others, messages submitted by you to Ziber through the Services, and the files, photos, documents, and other digital data that you upload, store, broadcast, or share through the Services, as described in the Terms of Use |
| Customer | party that has purchased a Subscription, paid or unpaid, from Ziber on Ziber Services |
| Customer Data | Content and all data of the Customer provided by the Customer |
| Underlying Agreement | the agreement between (schools that fall under the) Educational Institution and the Processor, as described in "Consideration a" of the Data Processing Agreement. including an agreement concluded on the basis of that agreement between an Education Participant and the Processor for the relevant product or service |
| Support Window | means the period of time within which a provision of a Service or compatibility with a given product or service is supported. |
| Education Participant | a child, pupil or student in childcare, primary education, secondary education or secondary vocational education, including childcare, special education and secondary special education |
| Educational Institution | the organisation or body responsible for the management of a school and/or childcare organisation. |
| Receiver | a person who receives a payment through the Ziber Pay functionality |
| Partner | an entity that has entered into a Partner Agreement with Ziber for the provision and support of Ziber Services to Customers |
| Partner Management | assigning a Partner to your Subscription, so that this Partner can support you with the implementation and use of the Services you have purchased from your Subscription |
| Partner Data | Partner Data provided by Partner |
| Partner Costs | Annual Fees Charged to Partner |
| Partner Compensation | During a calendar year, the Partner may accrue a percentage fee on the periodic amounts of Subscriptions over which the Partner has Partner Management |
| Recurring Revenu | That part of the invoice of the Customer's Subscription that is invoiced periodically over a certain Term |
| Performance Level | means the performance figures set forth in the Ziber SLA, which Ziber will comply with in the provision of the Services. |
| Privacy Policy | a document that describes how Ziber handles the processing of personal data. It explains what data is collected, for what purpose, on what basis, how it is protected, and how long it is kept. In addition, it informs data subjects about their rights and how they can exercise them. |
| Registrar | A Registrar is a company or organization that manages and facilitates the registration of domain names. Registrars are accredited by organizations such as the Internet Corporation for Assigned Names and Numbers (ICANN) for generic top-level domains (gTLDs) or by national registration authorities for country-specific top-level domains (ccTLDs). |
| Written | handwritten or printed texts, both in digital and analogue form |
| Software | means Ziber software that we provide for installation on your device as part of your Subscription or for use with the Service to enable certain functionality. |
| Sub-processor | Organisations engaged by Ziber as Processors for the Processing of Personal Data in the context of the Data Processing Agreement and the Underlying Agreement |
| Sub-processing agreement | an agreement or other legal act by which the Processor imposes at least the same data protection obligations on the Subprocessor engaged by the Processor as have been imposed on the Processor in this Data Processing Agreement |
| Success Code | means an indication that an operation was successful, such as an HTTP status code in the 2xx range. |
| Team Member | Person with a Ziber ID linked to the organization with its own Ziber Zone |
| Term | means the duration of a Subscription (e.g. 30 days or 12 months) |
| Applicable Service Fees | means the total amount of charges actually paid by you for a Service that has been applied to the applicable period in which a Service Credit is due. |
| Applicable Period | means, for the 30 days prior to and including the last day of the Incident for which a Service Credit is due, the number of days you have subscribed to a Service. |
| Applicable Data Protection Laws and Regulations | the laws and regulations of Union and Member State law and/or (further) treaties, regulations, directives, decisions, policies, instructions and/or recommendations of a competent public authority concerning the Processing of Personal Data, including future amendments thereto and/or additions thereto, including Member State law implementing laws of the GDPR and the Telecommunications Act |
| Supervisory Authority | supervisory authority within the meaning of Article 51 of the GDPR. |
| Transaction | a successful payment from a Payor to you via Ziber Pay, the balance of which will be added to Stripe |
| Transaction Amount | the total amount transferred by Payor to Recipient in the Transaction |
| Transaction Fees | fees deducted by Ziber from the Transaction Amount |
| Usage Offer, Commitment Offer, Limited Offer | categories of Subscription Offers and are defined in the Ziber Customer Terms and Conditions |
| Processor | the supplier (Ziber), including the distributor, who Processes Personal Data on behalf of the Educational Institution in the context of the supply and use of a Digital Education Resource |
| Data Processing Agreement | is a contract between a Controller and a Processor that sets out how the Processor processes personal data on behalf of the Controller. The document complies with the requirements of the General Data Protection Regulation (GDPR) and describes, among other things, the purposes, security measures, retention periods, and rights and obligations of both parties with regard to the processing of personal data. |
| Data Controller | is the organisation (Ziber) that determines which personal data is processed, for what purpose, and in what way. This party is responsible for compliance with the General Data Protection Regulation (GDPR) and must ensure that the processing of personal data is lawful, transparent and secure. |
| Ziber | means Ziber BV, Zijperweg 4 J in Schagen, The Netherlands (EU), Registered with the Chamber of Commerce in Alkmaar under number 37088655 and validly represented by its director J. Alkemade |
| Ziber Api | the online application of Ziber that allows organizations to have an API at their disposal to exchange information to other digital platforms and share information from Ziber Team with it |
| Ziber Cloud | Online software where Partner can access Customer Services via a Ziber ID from which Partner Management has been obtained by Customer. |
| Ziber Connect | When a Ziber Zone is connected to another Ziber Zone, so that users of one Zone can publish information to the other Zone, we call it Ziber Connect |
| Ziber DS | is online Design Software (DS) with which a Service purchased by the Customer can be designed and set up in terms of corporate identity and operation for optimal operation according to the Customer's needs |
| Ziber ID | a personal login account that gives you access to information and functionalities of the Services on the Ziber platform |
| Ziber Kwieb | Ziber's online application (also known as the school app) to which Parents can log in to communicate with people from their child's (or children's) school team |
| Ziber Newsletter | Ziber's online application that provides Customer with its own email newsletter and allows it to share information from Ziber Team via the Newsletter with the registered email addresses |
| Ziber Pay | Ziber Pay is a part of the Services that allows you to easily collect money from a user ("Payor") and/or you to make a payment to "Payee" in a simple manner. |
| Ziber Platform | digital platform that education and care organisations can use to organise their communication with parents |
| Ziber SenseView | Ziber's online application, which gives Customer access to its own TV channel and allows it to publish information on it via Ziber Team |
| Ziber SLA (or SLA) | Ziber's SLA (or Service Level Agreement) describes which commitments and warranties Ziber provides with regard to the delivery and/or performance of a Service purchased by Customer through a Subscription |
| Ziber Team | the online application of Ziber with which people of a school and childcare organization can manage their information at Ziber and send it to various presentation channels, such as Ziber Website, Ziber Kwieb, Ziber API, Ziber Senseview |
| Ziber Website | the online application of Ziber that gives organizations their own website access and can also change its content through the Ziber Team app |
| Ziber Zone | A Ziber Zone is a protected environment of an organization in which multiple users can be active with their Ziber ID and manage information with each other |