These terms apply to every individual who is placed by A&H Transport en Logistiek B.V. to perform work at or on behalf of WWDS B.V. By submitting the intake form and ticking the consent boxes, you declare that you have read, understood and accepted these terms.
2.1 You are employed by A&H Transport en Logistiek B.V.; A&H is and remains your sole formal employer in legal terms (wages, pension, holiday, sickness, dismissal, employment contract).
2.2 WWDS is solely your hirer within the meaning of the Dutch Placement of Personnel by Intermediaries Act (WAADI). WWDS does not provide you with an employment contract, wages, holiday allowance or pension — those obligations rest entirely with A&H.
2.3 WWDS is responsible for the operational direction on the Site (instructions, quality, safety rules) and, in cooperation with A&H, for compliance with the Dutch Working Conditions Act on site.
2.4 WWDS may impose additional quality, safety and conduct standards on the Site, with which you are required to comply.
3.1 You expressly declare that all data entered on the intake form — including name, date of birth, place of birth, nationality, BSN, address, postcode, place of residence, email address, telephone number, emergency contact, type of identity document, document number, expiry date, and where applicable TWV number and TWV expiry date — are complete, current and truthful.
3.2 You declare that the uploaded photographs of your identity document (front and back) and your selfie are authentic and unedited, relate to yourself, and show your own valid identity document.
3.3 You confirm that the bank account number you provide to A&H is in your own name. Salary payments to a third party or to an account in a name different from that on your identity document will be refused.
4.1 You are required to present a valid and original identity document, in accordance with article 1 of the Dutch Compulsory Identification Act. A driving licence is not permitted in this context; required is a passport, Dutch identity card, EU/EEA passport, residence permit (types I to V), W-document or another legally valid variant.
4.2 WWDS retains a digital copy of your identity document as part of the verification file that A&H, as the employer, must keep under article 28 of the Dutch Wages Tax Act 1964, and for the purposes of inspections by the Netherlands Labour Authority and the Dutch Tax Administration.
4.3 You warrant that the identity document presented is valid at the time of registration and during your work, and is not registered as stolen, missing or forged.
5.1 You declare that, at the time of registration, you are entitled to perform work in the Netherlands, on one of the following grounds:
5.2 If a TWV is required for you, you declare that A&H holds a current TWV and that you will inform WWDS without delay if that TWV is withdrawn, amended or expires.
5.3 You declare that you will never perform work on the WWDS Site unless one of the grounds referred to in paragraph 5.1 is satisfied. WWDS is entitled to deny you access to the Site immediately if this paragraph is not complied with.
6.1 You are required to inform WWDS — through A&H — without delay and in any case within 24 hours, in writing or by email, of any change in:
6.2 No later than 30 days before the expiry date of your identity document or TWV, you will notify WWDS of the upcoming expiry, so that timely renewal can be arranged. Any work interruption resulting from late notification is at your own expense and risk.
WWDS B.V. is the data controller for the data collected via this intake form, in so far as that data is processed in its hire file. A&H is the controller for the data in the personnel file. Purposes of processing are: (a) verification of your identity and your right to work, (b) compliance with the Dutch Foreign Nationals Employment Act (Wav) and the Wages Tax Act, (c) operations and planning on the Site, (d) compliance with statutory retention periods.
Legal obligation (article 6(1)(c) GDPR) under the Wav, the Wages Tax Act, the Dutch Aliens Act and the Working Conditions Act; legitimate interest (article 6(1)(f) GDPR) regarding operations and fraud prevention; performance of the contract between you and A&H (article 6(1)(b) GDPR).
Identification data, BSN, contact details, copy of identity document including MRZ, photograph, data relating to residence and employment status, hours worked, and any incident records.
Your data may be shared with: (a) A&H Transport en Logistiek B.V. as employer; (b) WWDS internal HR on a need-to-know basis; (c) WWDS principals only in so far as necessary for access registration on the Site; (d) the Dutch Tax Administration, UWV, IND, Netherlands Labour Authority and police/judiciary where legally required; (e) WWDS' own accountants and legal advisors under confidentiality; (f) Formsubmit.co as technical sub-processor for (i) forwarding the completed form by email to WWDS and (ii) sending the automatic confirmation email to your email address (established in the United States, with appropriate safeguards by means of standard contractual clauses under chapter V GDPR). The automatic confirmation email contains no BSN, no ID photographs and no document numbers; only a general acknowledgement of receipt, the version number of these terms and a confirmation link.
Your citizen-service number (BSN) is processed on the basis of article 46 of the Dutch GDPR Implementation Act (UAVG), to fulfil the tax, social-security and identification obligations resting on A&H as employer and on WWDS as hirer. The photograph of your identity document is retained for verification purposes (article 30 UAVG) and no longer than strictly necessary.
Identity documents and TWV records: 5 years after the end of the work, in accordance with article 28 of the Wages Tax Act 1964 and article 15(2) of the Wav. Payroll administration and tax-relevant documents: 7 years (article 52 of the General Tax Act). Other non-essential data and non-tax-relevant photographs are deleted earlier, normally within 6 months after the end of the work.
You have the right to (a) access, (b) rectification, (c) erasure — in so far as statutory retention obligations permit, (d) restriction of processing, (e) data portability, (f) objection to processing on the basis of legitimate interest, and (g) withdrawal of consent previously given — without affecting the lawfulness of processing prior to such withdrawal.
You may submit requests to WWDS at lee@svdepot.nl. WWDS will respond within one month. If you are not satisfied with the handling, you have the right to lodge a complaint with the Dutch Data Protection Authority (Autoriteit Persoonsgegevens, P.O. Box 93374, 2509 AJ The Hague, autoriteitpersoonsgegevens.nl).
WWDS takes appropriate technical and organisational measures to protect your data, including encrypted storage, access management on a need-to-know basis, and periodic evaluation of security measures.
8.1 You are required to observe strict confidentiality regarding all information you obtain about WWDS, A&H, their customers, principals, suppliers, work processes, IT systems, prices, planning, personal data of colleagues and end-customers, and any other information that you may reasonably suspect to be confidential.
8.2 Confidentiality applies both during the work and for a period of 3 (three) years after termination thereof.
8.3 You are expressly prohibited from taking photographs or video recordings on the Site without prior written consent from WWDS, and from sharing them with third parties or posting them on social media.
8.4 In case of breach of this article, you forfeit, without need for notice of default or judicial intervention, an immediately payable penalty of € 2,500 per breach, increased by € 250 for each day the breach continues. The penalty proceeds accrue to WWDS B.V. The penalty is without prejudice to WWDS' right to claim full damages in addition; the parties expressly derogate from article 6:92(2) of the Dutch Civil Code in this respect. The parties are aware of article 7:650 of the Dutch Civil Code and — in so far as that provision has reflexive effect on this hire relationship — expressly derogate from it, given WWDS' weighty interest in protecting Confidential Information. The court retains the power to mitigate the penalty under article 6:94 of the Dutch Civil Code if equity manifestly so requires.
9.1 You must strictly observe all safety instructions, house rules and directions from WWDS and A&H, as well as the on-site house rules of the location holder.
9.2 During working hours you are required to wear the prescribed personal protective equipment (PPE), including in any event:
9.3 Pursuant to article 8(1) and article 44 of the Dutch Working Conditions Act, the duty to provide, replace and maintain the PPE referred to in paragraph 9.2 free of charge rests on A&H as employer; A&H provides this PPE in accordance with its own employment terms (provision of work clothing and footwear) and ensures timely replacement in case of wear or damage. WWDS is responsible for the operational supervision of correct use on the Site and may — in consultation with A&H — set additional requirements regarding the specific implementation of the PPE, in so far as this follows from the risk inventory and evaluation or from requirements of the location holder.
9.4 You are required to (a) keep the PPE issued to you available, (b) use it only for the agreed work, (c) report defects or wear to A&H without delay, and (d) return the PPE to A&H upon termination of the work. You may not commence or continue work on the Site without the prescribed PPE; WWDS is entitled in that case to deny access to the Site until the PPE obligation is met.
9.5 Performing work under the influence of alcohol, drugs or psychoactive substances, or possessing and/or using such substances on the Site, leads to immediate denial of access to the Site and notification to A&H for summary dismissal.
9.6 You report incidents, near-misses and unsafe situations directly to WWDS' operational management.
9.7 Smoking is permitted only in designated smoking areas.
9.8 Granting unauthorised persons access to the Site is prohibited.
10.1 All resources made available to you — including scanners, keys, badges, vests, vehicles, tools, telephones and IT access — are and remain the property of WWDS, A&H or the location holder of the Site.
10.2 You will treat these resources with due care and use them only for the agreed work.
10.3 In case of loss or damage caused by intent or gross negligence, WWDS may recover the repair or replacement costs from you, without prejudice to A&H's right to set off such costs against your wages on the basis of your employment contract.
10.4 Upon termination of the work you will return all resources immediately, clean and in good condition.
11.1 WWDS is liable only for direct damage resulting from intent or wilful recklessness on the part of WWDS itself or its managers. Liability for indirect damage — consequential damage, lost income, immaterial damage — is excluded.
11.2 To the extent permitted by mandatory law and in line with the meaning of article 7:661 of the Dutch Civil Code, you indemnify WWDS against any claims by third parties, administrative fines, additional tax assessments and costs — including reasonable legal-aid costs — that are the direct and immediate result of your intent, wilful recklessness or fraudulent conduct, including in any event:
11.3 Any claims by you against WWDS must be submitted in writing and substantiated within 30 days of discovering the damaging fact, failing which the claim lapses. In any event every claim lapses after 12 months.
12.1 If you act intentionally or with wilful recklessness in breach of article 3 (correctness of data), article 4 (identity documents) or article 5 (right to work), you forfeit — without need for further notice of default or judicial intervention — an immediately payable penalty of € 5,000 per breach. The penalty proceeds accrue to WWDS B.V.
12.2 The penalty is without prejudice to WWDS' right to claim full damages in addition, including any administrative fines actually imposed on WWDS under the Wav, additional tax assessments and legal costs; the parties expressly derogate from article 6:92(2) of the Dutch Civil Code in this respect. The penalty is also without prejudice to A&H's right of summary dismissal or to a dismissal procedure.
12.3 The parties are aware of article 7:650 of the Dutch Civil Code and — in so far as that provision has reflexive effect on this hire relationship — expressly derogate from it, given the weighty interest of WWDS in compliance with the verification duties under the Wav, the Wages Tax Act and the Compulsory Identification Act, and in preventing administrative fines and reputational damage. The court retains the power to mitigate the penalty under article 6:94 of the Dutch Civil Code if equity manifestly so requires.
13.1 WWDS reserves the right, without giving reasons, to refuse or terminate your access to the Site if:
13.2 Refusal of access by WWDS is not a dismissal in the sense of employment law; the decision concerns only the placement on the Site. Any dismissal will be given solely by A&H as employer, with due observance of employment law and any applicable employment terms.
14.1 Your placement on the Site ends by operation of law upon termination of your employment contract with A&H or upon termination of the cooperation between WWDS and A&H.
14.2 WWDS may at any time request A&H to terminate the placement with immediate effect, in which case your work on the Site ends on that same date.
14.3 Upon termination, the provisions of article 8 (confidentiality) and article 10 (resources) continue to apply unaffected.
15.1 These terms are governed exclusively by Dutch law.
15.2 Disputes will, at first instance, be settled exclusively by the competent court in Leeuwarden, in so far as the law does not mandatorily designate another court.
16.1 If a provision of these terms is wholly or partly null and void or voidable, the remaining provisions remain unimpaired; the void provision will, on the basis of article 3:42 of the Dutch Civil Code, be converted into, or replaced by, a valid provision that comes as close as possible to the meaning of the original.
16.2 WWDS is entitled to amend these terms unilaterally, but only if WWDS has a weighty interest in doing so that outweighs your interest in unaltered terms, or if amendment is necessary in connection with (a) changes in legislation, (b) changes in case law or supervisory policy, (c) changes in operations or work processes, or (d) new safety or compliance requirements imposed by third parties — including WWDS' principals. Material amendments will be notified to you at least 30 days before they take effect, through A&H or by email. If you cannot agree to a material amendment, you have the right to terminate your work for WWDS; your employment-law position vis-à-vis A&H remains unaffected.
16.3 These terms are drawn up in Dutch. In case of translation, the Dutch text prevails.
16.4 By ticking the consent boxes on the intake form and submitting it, you confirm that you have read, understood and accepted these terms, and you give them the same legal force as a written signature (article 3:15a of the Dutch Civil Code).
16.5 For the purpose of evidence of your electronic consent, WWDS records the following: the date and time of submission of the intake form, the IP address from which it was submitted, the browser/device characteristics used, the version number of these terms applicable at the time of consent, and a copy of the completed form and the ticked consent boxes. This data — without prejudice to the retention periods in article 7.6 — is retained for as long as is reasonably necessary for evidence and dispute resolution (article 153 Dutch Code of Civil Procedure in conjunction with article 3:15a Dutch Civil Code).
16.6 WWDS retains earlier versions of these terms, so that for each Worker it can be established which version applied at the time of his or her consent.
16.7 Additional confirmation by email (third consent). In addition to (i) ticking the consent boxes on the intake form and (ii) submitting the form, WWDS asks you to confirm your registration once more by email. After submission you will receive, at the email address you provided, an automatic confirmation message containing a confirmation link (mailto button). By clicking that link and sending the resulting email from your own mailbox, you give an additional, independently provable electronic consent (article 3:15a Dutch Civil Code) to these terms, to the correctness of the data you provided, and to the processing of your personal data (GDPR). The additional confirmation should preferably take place within 7 days of receipt of the confirmation message. Failure to give this third confirmation does not affect the legal validity of your earlier consent via the form, but WWDS is then entitled to put your placement on hold until the confirmation has been received.