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General Terms and Conditions (ToS) & Data Processing Agreement (DPA)

PART A: General Provisions & Commercial TermsDEEL B: Verwerkersovereenkomst (DPA)

PART A: General Provisions & Commercial Terms


Article 1. Definitions

In these General Terms and Conditions (hereinafter: the "Terms"), the following definitions apply:

  • TalloRes: The private limited company TalloRes BV, established at Borchtstraat 30 bus 401, 2800 Mechelen, with KBO/VAT number BE1026905544. Phone: [To be completed later - Placeholder], Email: info@tallores.com.
  • Client: Any legal or natural person acting in the course of a profession or business (Restaurant), established in Belgium or abroad, who enters into an Agreement with TalloRes.
  • Service(s): The online reservation and management platform for restaurants, including the gift voucher module, supplied by TalloRes.
    Agreement: The agreement between TalloRes and the Client regarding the use of the Services.
Article 2. Applicability and Formation of the Agreement
  1. These Terms apply to every offer, every quotation, and every Agreement between TalloRes and the Client. The Client declares, upon entering into the Agreement, that it acts exclusively in the course of a profession or business (B2B).
  2. Acceptance: The Client accepts these Terms and the inseparable Data Processing Agreement (Part C) by checking the acceptance checkbox during the online ordering process.
Article 3. The Service, License and Use
  1. TalloRes grants the Client a non-exclusive, non-transferable, and revocable right of use (license) to the Services for the duration of the Agreement.
  2. Availability: TalloRes will strive to make the Services available and maintain them to the best of its efforts, but does not guarantee any minimum availability ("uptime").
  3. The Client is entitled to use the name and logo of TalloRes on its own website or in communication to indicate that it uses the Services.
Article 4. Prices, Payment and Duration
  1. The fee is paid via a Subscription, monthly or annually, and must be paid in advance.
  2. The Agreement is entered into for the period for which the Subscription has been paid (monthly or annually).
  3. Paid Subscription fees are not refundable. The Agreement is automatically terminated after the paid period if the Client fails to pay for the next Subscription period.
Article 5. Intellectual Property (IP)
  1. All IP rights relating to the Services, the software, the code, the website, and the content contained therein, rest exclusively with TalloRes BV.
Article 6. Liability
  1. The total liability of TalloRes is limited to compensation for direct damages up to the maximum amount of the fees paid by the Client during the three (3) months preceding the occurrence of the damage.
  2. The liability of TalloRes for indirect damages (including, but not limited to, loss of profit, loss of turnover, and damage to reputation) is fully excluded.
  3. The limitations do not apply in case of intent or gross negligence on the part of TalloRes.
Article 7. Governing Law and Jurisdiction (International)
  1. These Terms and every Agreement are governed exclusively by Belgian law.
  2. All disputes arising out of or related to these Terms shall be submitted exclusively to the competent courts of Antwerp, section Mechelen, Belgium.
  3. Language: Should translations of these Terms be provided, the Dutch text shall prevail in case of disputes concerning interpretation.

PART B: Data Processing Agreement (DPA)

This section is the Data Processing Agreement (DPA) within the meaning of Article 28 of the GDPR and is inseparably linked to the Main Agreement.

Article 8. Roles and Instructions
  1. Roles: The Client acts as the Controller for the personal data of its Guests. TalloRes acts as the Processor.
  2. Instruction Binding: TalloRes processes the data exclusively in accordance with the written instructions of the Client. Acceptance of this DPA constitutes the written instruction to process the data for the purposes described in Article 9.
  3. Confidentiality: TalloRes guarantees that the persons processing the data under its authority have committed in writing to confidentiality.
Article 9. Subject Matter, Categories, and Purpose
  1. Purpose: To enable Clients to receive online reservations, manage Guest data (incl. history), and handle the sale of gift vouchers via the Service.
  2. Types of Personal Data: Name, Gender, Email, Phone Number, Reservation Frequency, Notes left by the Guest, and Marketing Preferences.
  3. Exclusion of Special Categories: TalloRes does not process any special categories of personal data.
Article 10. Security (Technical and Organisational Measures – TOMs)

TalloRes implements appropriate TOMs, including: Access Control (strong passwords), Encryption (SSL/TLS), and Data Separation/Backups.

Article 11. Engagement of Sub-processors
  1. Current Sub-processors: The Client consents to the use of: Microsoft Azure (Hosting), Mollie (Payments), SendGrid / Twilio (Communication), and Odoo (Customer Management).
  2. Objection Procedure: TalloRes will inform the Client of the intention to engage a new Sub-processor. The Client has the right to object within 14 days of the notification.
Article 12. Data Breaches and Assistance
  1. Data Breach Notification: TalloRes shall inform the Client without undue delay after becoming aware of a Data Breach and shall provide the necessary information for notifications to the authorities and/or the Data Subjects.
  2. Assistance with Data Subject Rights: TalloRes shall provide assistance to the Client in fulfilling the rights of the Data Subject, primarily by making the functionality available within the TalloRes platform.
Article 13. Compliance with Client’s Local Legislation
  1. The Client guarantees that the personal data has been collected and processed in accordance with the applicable data protection legislation in the Client's country of establishment and the countries where the Guests reside.
  2. The Client indemnifies TalloRes against all claims, fines, and costs arising from the Client's non-compliance with its local legal obligations regarding the processing of personal data.
Article 14. Termination and Retention Period
  1. Expiry Period and Storage upon Inactivity: TalloRes will retain the personal data after termination of the Main Agreement for a standard period of two (2) years in an inactive mode, for the purpose of reactivation by the Client without data loss.
  2. Definitive Deletion: If the Client does not reactivate the Service within this two (2) year period, TalloRes will definitively and irreversibly delete all personal data.
  3. Early Deletion: The Client retains the right at all times to instruct TalloRes in writing to immediately delete the data after termination.