1. In these terms:
a) “Candidate” means anyone who is referred or about whom information is supplied to a Client. It includes someone who may have been known or referred to that Client before Instructions are given, or the Introduction is made.
b) “Client” means the person or persons to whom an Introduction is made. It includes anyone who asks Strategic for an Introduction, gives Instructions or interviews a Candidate on behalf of a Client.
c) “Engages” or “Engagement” means any contract under which (directly or indirectly) the Candidate of Strategic agrees to provide services to or for the Client or at the Client’s direction.
d) “Fee(s)” means a sum equivalent to a percentage of the Remuneration Package, calculated at the rates set out above. It includes any additional fees that may have to be charged under Clauses 6(b)(2) and 6(b)(4). The Fee is exclusive of any VAT, which must be paid by the Client at the prevailing rate.
e) “Instructions” means information about the Engagement, the Remuneration Package or the Client’s requirements concerning a Candidate’s qualifications or experience.
f) “Introduction” means the referral of a Candidate or the provision of any information about a Candidate to the Client by Strategic or any associate, subsidiary or agent of Strategic.
g) “Losses” means any kind of loss, cost, expense, charge, damage, liability or claim whatsoever other than liability for death or personal injury caused by negligence.
h) “Remuneration Package” means without limitation, all salary, payments and any other taxable emoluments payable to or receivable by the Candidate for services provided to or on behalf of the Client, including, but not limited to, the provision of a company motor car which is calculated at €7,000 Euro salary equivalent, or car allowance.
i) “Strategic” means the employment agency as defined by Kamer van Koophandel (KvK),the Dutch Chamber of Commerce (KVK number: 75915383).
j) “Data Protection Legislation (GDPR)” means the European Union’s General Data Protection Regulation (2016/679), the Privacy and Electronic Communications (EC Directive) Regulations 2003 (SI 2003/2426) and all applicable laws and regulations relating to the Processing of Personal Data and privacy as amended, re-enacted, replaced or superseded from time to time, including where applicable the guidance and codes of practice issued by the United Kingdom’s Information Commissioner.
k) “Data Subject”, “Personal Data”, “controller”, “processor” has the meaning given to that term in the Data Protection Laws and refers to a Candidate that is submitted by Strategic to a Client for the purpose of providing the recruitment services.