Terms & Conditions

This website and/or the app is made available by Yacht Group Nederland bv (hereinafter: ‘Yacht’). Yacht Group Nederland bv has its registered office in Amsterdam and has its principal place of business in Diemen at Diemermere 25. Yacht Group Nederland bv is registered with the Amsterdam Chamber of Commerce under number 33183177.

The purpose of the website is to offer a wide range of freelance assignments at leading organisations to highly skilled self-employed entrepreneurs (‘self-employed professionals’). We inform about new assignments in the fields and areas of expertise by means of freelance pools. Hours can be registered both via the (secure) website and/or app. Users may only use the website and app for this purpose.

By using the website and/or the app, you agree to these General Conditions of Use. Yacht reserves the right to change the content of these conditions. When using the website, the applicable conditions listed on the website and/or app shall apply at all times.

Dutch law is applicable to the access, use and operation of our website, and/or the app and the Conditions of Use (the general part and the specific conditions of Yacht Freelance and My Yacht), our services and all disputes that (may) relate thereto. Only the Dutch courts shall have jurisdiction to hear such disputes.

All intellectual property rights on the website and/or the app, including the (collection of) texts, visual material, sound material, brands, data files, database rights, software and all other works to which you gain access via the website and/or the app, belong exclusively to Yacht or its licensors. Yacht will grant you a temporary, personal, non-transferable and non-exclusive right to use the website and/or app subject to legislation and the Conditions of Use. Without Yacht's prior written permission, it is prohibited to collect, copy, sell and/or offer and/or use (on behalf of third parties) the information, data and/or files that Yacht makes available via the website and/or app, such as profiles of professionals, vacancies, assignments, whether or not in combination with the user’s own services. Contrary to this, it is permitted to show vacancies and assignments posted on the Yacht website and/or the app on the user’s own vacancy site if it is stated that Yacht is offering the vacancy or assignment and a link to the Yacht website is included.

Considerable attention is paid to the content and composition of this website and/or app. However, Yacht cannot guarantee that the information on the website and/or the app is always correct and complete. Nor can Yacht guarantee the continuous availability and trouble-free operation of the website and/or app. Any related liability is explicitly excluded by Yacht, unless there is evidence of intent or gross negligence on the part of Yacht.

Yacht is entitled to suspend the availability of the website and/or the app, for example in connection with modifications or maintenance. Yacht also reserves the right to remove, change or cease to offer the information and services offered on the website and/or app without prior notice.

This website and/or app may contain links to third-party websites. Yacht is not responsible for the operation and content of these websites.

Yacht treats your personal data confidentially. More information can be found in our Privacy Statement.

It is not permitted to use this website and/or the app, or the data and information on this website and/or the app, for a purpose other than as stipulated in these Conditions of Use, or in a manner that is unlawful vis-à-vis Yacht, other users of the website and/or the app or other third parties. Nor is it permitted to obstruct Yacht, other users of the website and/or the app or other third parties in any way, and/or otherwise affect the proper functioning of the website and/or the app, and/or the underlying software.

Without prejudice to its other rights, Yacht reserves the right to deny users access to (the restricted area of) the website and/or the app and the services offered on them without prior notice if a user fails to comply with the Conditions of Use or otherwise acts unlawfully vis-à-vis Yacht or third parties.

The websites contain a restricted area (hereinafter: ‘Yacht Freelance’, ‘My Yacht’,). This area is intended exclusively for persons lawfully in possession of the login details required for the use of (part of) the restricted area. It is forbidden for other users to unlawfully access (any part of) this restricted area. Including, but not restricted to, by using a false name and/or bypassing security measures.

Yacht Freelance/My Yacht

The lawful use of Yacht Freelance/My Yacht is subject - in addition to the general part of the Conditions of Use - to the following specific conditions:

Conditions of Use of Yacht Freelance/ My Yacht for self-employed professionals

Introduction

Yacht offers highly skilled self-employed entrepreneurs (‘self-employed professionals’) direct access to a wide range of freelance assignments at leading organisations via Yacht Freelance. You can also use our freelance pools in different fields and areas of expertise to quickly and efficiently find assignments that suit your ambition and needs.

Yacht Freelance/My Yacht (hereinafter referred to as: Yacht Freelance or My Yacht) is the restricted area of Yacht’s website and/or app. An account for Yacht Freelance and/or My Yacht allows you - among other things - to respond to assignments, join freelance pools, manage your (profile)information and provide and access the information required to be contracted.

Before you can actually start an assignment, you must first successfully complete the control measures set by Yacht. You will be asked for additional information for this purpose in the follow-up process. If the assignment is then actually concluded, you will be granted access via My Yacht to the information relevant to you up to two years after the end of your assignment, including the model agreement used, a copy of the extract from the Chamber of Commerce and the insurance certificates.

If you have responded to an assignment, applied for freelance pools or created an account, we assume that you are interested in our services and that we may therefore contact you - orally, in writing and/or digitally - in connection with (possible) assignments and everything related to this, including updating or completing your profile. We may contact you via Yacht Freelance/My Yacht, email and/or telephone (calling, texting and/or Whatsapp).

1. Applicability

1.1

These Conditions of Use and the general part of the Conditions of Use of our website apply to every use of Yacht Freelance/My Yacht by natural persons, being self-employed entrepreneurs (‘self-employed professionals’).

The Conditions of Use form the basis upon which you are granted access to and use of Yacht Freelance/My Yacht solely for the purpose specified in these Conditions of Use. By agreeing to the Conditions of Use of Yacht Freelance/My Yacht for self-employed professionals, you also agree to the general part of the Conditions of Use of our website.

You may print or save these Conditions of Use for your own records.

1.2

Yacht reserves the right to change the content of these Conditions of Use. When using the website, the applicable conditions listed on the website shall apply at all times.

1.3

In addition, terms and conditions specifically agreed, or to be agreed, between you and Yacht may apply.

2. Access to Yacht Freelance/ My Yacht

2.1

After signing up or registering with Yacht Freelance, you will immediately be granted access to a wide range of freelance assignments at leading organisations. You can also use our freelance pools in different fields and areas of expertise to quickly and efficiently find assignments that suit your ambition and needs.

Create a profile

You can create an account by using your Linkedin or Google account or by submitting your personal details manually. To use the account, you need to complete the online registration process by using the activation link in the verification email sent by Yacht Freelance or with the verification code you receive on your telephone. By registering, you declare that you are a natural person, at least 18 years of age and that you are registering in your personal capacity. To register, you need to use a current email address, since we will use this to communicate with you.

After successful registration, you will get an account where you can create your own profile and upload your CV. You can choose to do this manually or automatically. In Yacht Freelance/My Yacht, you can view, add to or edit your profile. Via settings, you can change the selections made in your account at any time.

Freelance pools

By signing up for one or more freelance pools, you will, once you have been accepted, receive updates of new assignments within your field and area of expertise automatically in your email.

Respond to an assignment

If you are responding to an assignment that can be performed independently, we will ask you - if the selection process is completed successfully - to provide further information to initiate the management measure process. Once this has been completed satisfactorily, we will exchange the data necessary for contracting.

Contracting

Final contracting then depends on your ability to meet the administrative requirements and the outcome of the management measures agreed with clients, including the entrepreneurship test, the analysis of the questionnaire, the use of the prescribed Model Agreement and the ability to arrive at a proper assignment description.

Yacht Freelance/My Yacht

If the assignment is then actually concluded, you will be granted access via Yacht Freelance/My Yacht to the information relevant to you up to two years after the end of this assignment, including the model agreement used, a copy of the extract from the Chamber of Commerce and the insurance certificates.

Make sure that the information you provide is accurate and complete. Yacht is not obliged to check the accuracy or completeness of the information provided by you. We conduct our screenings based on the information provided or approved by you. You are liable to Yacht for damages in connection with the information provided by you to Yacht not being correct or complete and shall indemnify Yacht in this regard.

Update the data you enter in Yacht Freelance/My Yacht if necessary, e.g. if you update your CV, there is a new registration in the Chamber of Commerce or updated/renewed certificates of insurance, etc.

The use of Yacht Freelance/My Yacht is strictly personal. Carefully store your account information and do not share it with anyone. You are responsible for all legal and other actions for which your account information is used. If there is reason to believe that third parties are in possession of your account information, immediately change your password.

Would you like us to remove your account, and therefore also your profile? Please indicate this in Yacht Freelance/My Yacht. Or contact us via this form. You will no longer have access to your account. All your personal data will be deleted from our systems within three months at the latest. In this protected environment, your data is only available to Yacht under strict conditions in accordance with the corresponding purposes and terms. Upon expiry of these terms, Yacht will permanently delete your data.

Please note: after two years without contact with Yacht, your data will automatically be deleted. We will inform you thereof in a timely manner. If you do not want your account to be deleted after two years, you can prevent this by, for example: logging in, updating your profile, signing up for a freelance pool or by specifically responding to an assignment.

Different retention periods apply if you have worked via Yacht. Your data, hours worked and documents such as the model agreement can be accessed in My Yacht until two years after the end of employment. After this two-year period, we archive this information in a protected environment. In this case, certain personal data will remain in possession of Yacht for a longer period of time. For example for the purpose of claims and audits (5 years after the end of the calendar year) and tax obligations (7 years after the end of the calendar year). Your personal data are only available to Yacht under strict conditions that are in accordance with the established purposes and terms.

See our Privacy Statement.

2.2

Yacht Freelance/My Yacht is not and should not be used as a repository of unique data. Yacht Freelance/My Yacht does not display or store information indefinitely. It is your responsibility to ensure adequate backup of your personal data and compliance with the retention obligations applicable to you under the law, regulations or agreements. Tip: make sure your data is adequately backed up in a timely manner.

2.3

Yacht reserves the right to close your account(s) without prior notice if you fail to comply with the provisions of these Conditions of Use, the general part of the Conditions of Use of our website and/or the app or the applicable laws and regulations. In addition, Yacht is entitled to close your account(s) if you do not use Yacht Freelance/My Yacht for a certain period of time. This also applies when you are no longer working on an assignment through Yacht and/or are no longer registered with Yacht.

3. Use of Yacht Freelance/My Yacht

3.1

When using Yacht Freelance/My Yacht, you are required to comply with all applicable laws and regulations. This includes the applicable Conditions of Use and all instructions on the use of Yacht Freelance/My Yacht made available on Yacht Freelance/My Yacht, by email or otherwise. In addition, you should regularly review the Conditions of Use for any changes or additions.

3.2

Access to and the use of Yacht Freelance/My Yacht is reserved for natural persons as referred to in Article 1.1 who, as a self-employed person (self-employed professional) are looking for or are interested in (other) work for themselves. (The information on) Yacht Freelance/My Yacht is solely intended for personal use within the environment of the Yacht website and in accordance with the Conditions of Use. It is not permitted to create an account on Yacht Freelance/My Yacht under a false name and/or to use Yacht Freelance/My Yacht improperly and/or for commercial purposes. For example to obtain additional information about assignments and our procedures and to use this information, for example, to contact the relevant client without the involvement of Yacht for those assignments or to present your own candidates.

The data shared with you via Yacht Freelance/My Yacht and/or the app is confidential. We take abuse very seriously.

3.3

Yacht Freelance/My Yacht also serves as an electronic record of personal data and exchange of data in relation to any agreements to be concluded with you. This includes any amendments to these agreements, as well as any other information relevant to the performance of such agreement. For instance your availability and the hours during which you perform the assignment and selfbilling. We expect you to regularly update the information in Yacht Freelance/My Yacht and respond in a timely manner where necessary.

4. Operation and availability of Yacht Freelance/My Yacht

4.1

Yacht makes every effort to ensure the availability and quality of Yacht Freelance/My Yacht. However, Yacht cannot guarantee the smooth operation and availability of My Yacht. Yacht is explicitly not responsible for failures or reduced availability of Yacht Freelance/My Yacht due to force majeure (Internet failures, hacking, denial of service attacks) and/or acts or omissions of yourself or third parties engaged by you.

4.2

Immediately report malfunctions in Yacht Freelance to [email]. Immediately report malfunctions in My Yacht to Yacht via www.yacht.nl/contact. You are required to cooperate with any investigation into malfunctions.

4.3

Yacht is entitled (but not obligated) to make adjustments to Yacht Freelance/My Yacht, inter alia in connection with its business processes or technological developments. In doing so, Yacht may adjust, add or remove existing functions. Where necessary and possible, Yacht will communicate any adjustments that have a substantial impact on your collaboration with Yacht in advance.

4.4

Yacht may provide digital or other support for the use of Yacht Freelance/ My Yacht. However, Yacht is not obliged to do so.

5. Information on Yacht Freelance/My Yacht

5.1

If you submit information to Yacht via the website or by email or the app, you are responsible for ensuring that this information is correct, relevant and complete. In the provision of its services, Yacht may assume that this is the case. Yacht is entitled to remove, amend or supplement any information that is not or no longer correct or complete without prior notice. This also applies to the information of users.

5.2

The data registered in Yacht’s systems are leading and decisive with regard to information sent or uploaded by you. This applies both to the content of the information and the time of its receipt by Yacht.

5.3

It is not permitted to send or post messages and/or upload material with misleading, offensive, discriminatory or otherwise unlawful or - in the opinion of Yacht - inappropriate or unnecessarily offensive content. Yacht reserves the right to refuse posting such messages and/or uploads or to remove or change them without prior notice.

5.4

We may contact you via Yacht Freelance/My Yacht, email and/or telephone (calling, texting and/or Whatsapp).
In Yacht Freelance/My Yacht, you can further complete or edit your profile. Via settings, you can change the selections made or preferences set in your account at any time.

We would like to know whether you are receiving our communications.

Our emails may include a single, campaign-specific ‘web beacon pixels’ to let us know whether our emails are being opened and to measure and/or verify any clicks on links or advertisements in the email.

5.5

Contact via WhatsApp

WhatsApp is not owned by Yacht. Do you use WhatsApp to send us messages? Then these are subject to the conditions of use and the privacy policy of WhatsApp. To this end, you have accepted the general terms and conditions of WhatsApp. WhatsApp processes data in the United States.

Yacht only uses WhatsApp for brief informative messages and only if you have not opted out. Would you like to share personal data with us, such as an bankaccount number or other sensitive information? Do not use WhatsApp for this, but use Yacht Freelance/My Yacht or other protected environments we make available.

We make every effort to protect your data and we have concluded a data processing agreement with WhatsApp for business. The messages you have sent to us will only be used in accordance with these Conditions of Use or other arrangements you have agreed with us. For more information, see our Privacystatement. However, our Privacystatement does not apply to your private use of WhatsApp.

6. The use of My Yacht in the app

6.1
To use the app’s functionalities, your smartphone should have a stable 3G, 4G, 5G or Wi-Fi connection. Without this connection, the correct operation of My Yacht in the app (Yacht app) cannot be guaranteed.

6.2
Your user name and password allow you to log in to My Yacht.

6.3
Devices on which the official operating system has been deliberately manipulated to gain more control over the device and the software on it (rooting/jailbreaking) compromise the proper functioning and security of the Yacht app. The proper functioning and security of the Yacht app are only applicable when the device, on which the Yacht app is installed, is equipped with the official versions of operating systems of Google (Android) and Apple (iOS) supported by us.

This Yacht app gives you insight into part of your My Yacht account. The Yacht app allows you, among other things, to access and manage part of your data, view any payments Yacht makes to you and the corresponding payslips.

7. Security

7.1

Yacht takes appropriate technical and organisational security measures to prevent unauthorised access to, and use of, data in Yacht Freelance/My Yacht and/or the app. Yacht is ISO 27001 certified.

7.2

It is important to understand that it is impossible to completely eliminate the unauthorised and/or unlawful use of your data. This includes the inadvertent corruption or loss of your data. Yacht therefore accepts no liability if one of these scenarios occurs, despite the measures taken by Yacht. Unless this is due to the gross negligence or intent of Yacht.

7.3

Immediately report a data breach or suspected data breach! Use this form to do so. Are you seeing someone else’s data or do you suspect there is something wrong with your account? Close your account and immediately report this to www.yacht.nl/contact.

8. Privacy

Via Yacht Freelance/My Yacht and when creating an account for Yacht Freelance/My Yacht, Yacht processes confidential information, including your personal data. Your privacy is important to us. Yacht treats your personal data with care; see our Privacy Statement for more information.

Version of November 2023

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