Article 1 – GENERAL TERMS
Your privacy is very important to us. The collection and processing of personal data is governed by strict conditions, enforced by the law.
Guylian, as a Belgian company, applies the “law of December 8, 1992 on Privacy Protection in relation to the Processing of Personal Data” as modified by the “law of December 11, 1998” and by the “law of June 13, 2005 on electronic communications”.
Guylian takes responsibility for the processing of your personal data as “data controller”.
Article 2 – WHO IS RESPONSIBLE FOR THE DATA PROCESSING?
The webshop www.guylian.com is an initiative of:
Chocolaterie Guylian NV (hereafter ‘Guylian)
B- 9100 Sint-Niklaas
VAT number 0405.986.273
All online orders are the sole responsibility of Distrimedia nv
(hereafter ‘Distrimedia nv ’ or ‘we’)
VAT number: 0453.473.614
For any questions or comments you can contact us through the link ‘Contact us’ on the Website.
Article 3 – COLLECTED PERSONAL DATA
3.1. Data you communicate to us:
- Category 1: without registration: your IP-address;
- Category 2: your user ID, profile name, password, e-mail address, country;
- Category 3: your address details provided when placing an order;
- Category 4: upon registration for the newsletter: your e-mail address;
- Category 5: telephone number when you file a complaint via social media;
- Category 6: other social media information: like your social media username(s), etc.;
- Category 7: data obtained by placing cookies
3.2. GUYLIAN can obtain personal data through different means:
a. by placing cookies;
b. during your registration and use of the Website;
c. by filling out questionnaires (for instance when you give us feedback on our website);
d. via social media (for instance when you like or contact us on Facebook)
Article 4 – TO WHICH ENDS WILL MY PERSONAL DATA BE USED?
We collect and process your personal information for one overarching goal, i.e. to offer you a safe, comfortable and personalized experience each time you visit the website. Dependent on whether the user makes intensive use of the website or relies on certain services, the collection of personal data may be more extensive.
The information we collect about you is primarily processed to help us ensure the proper technical functioning of our website and the related services. Your personal data will only be processed for the following (internal) purposes:
4.1. General purposes:
Category 1: your IP-address for maintaining and improving the Website and the creation of anonymous statistics based on the “legitimate interest” of Guylian to improve her service; for instance:
- To detect and offer protection against all fraud, errors and criminal behaviors on the website.
- Our website collects personal data for statistical purposes.
Category 2: profile name, login, password, etc. to manage your account on the Website and to use the forum, based on the execution of the agreement which you requested
- More simply put: To allow you to access to a user account and to make a purchase via our webshop.
Category 3: the delivery and invoice-details of the products you ordered, based on the delivery of a service which you requested
Category 4: your e-mail address to send you direct marketing mailings, newsletters, promotions, based on your explicit and preliminary consent, for instance:
- To provide and improve our (standard and customized) services, including billing and invoicing, offering information, newsletters and useful or necessary offers, collecting and processing users’ opinions, as well as providing support.
- To offer and improve our range of products; to offer personal and specific products based on the delivered information.
Category 5: telephone number when you file a complaint via social media, in order to contact you via other means.
Category 6: other social media information: like your social media username(s), etc. in order to keep track of the requests you made towards us via those channels, or your support..
You are not obliged to provide us with your personal data, however you must understand that the delivery of certain services is not possible in case you refuse to provide us with certain personal data.
4.2. Direct marketing:
Your personal data will only be used for direct marketing purposes if you give your explicit and preliminary consent. (“opt-in”).
In case you have given your consent and you are added to Guylian’s direct mailing list, Guylian may use your personal data to send you marketing material as well as other material relating to Guylian, her products and/or services.
Guylian can also transfer your personal data to her partners, for direct marketing purposes.
This consent can be revoked always, for free and without motivation by clicking the unsubscribe button below every promotional e-mail.
4.3. Transfer to third parties:
In order to process your personal data we provide access to your personal data to our employees.
Guylian will also appeal to third parties in executing the agreement, to provide the requested service
- In order to send you newsletters
- In order to capture your opinion on our products and services
- In order to be easily addressed we work with social media channels
- In order to optimize your experience on our website and webshop
Yet, personal data is primarily processed for internal purposes within Guylian and Distrimedia. This is why we can assure you that your personal data will not be sold, rent or otherwise transferred to any third party related to us. Guylian and Distrimedia have taken all legal and technical precautions to prevent unauthorized access and use.
In case of whole or partial reorganization or cession of Guylian’s activities, whereby Guylian reorganizes, transfers, ceases her business activity or in case Guylian goes bankrupt, your personal data may be transferred to new entities or third parties.
Guylian will try, if reasonably possible, to inform you on beforehand of the fact that Guylian transfers your personal data to a third person, but you must be aware that this is not always possible technically, nor commercially.
Guylian won’t sell, let, hand out your personal data nor place them at disposal of third parties, except in the situations provided for in this policy or unless your explicit and preliminary consent.
4.4. Legal requirements:
In extraordinary circumstances it may occur that Guylian is obliged to transfer your personal data following a court order or to comply with imperative laws and/or regulations. Guylian will, if reasonably possible, try to inform you on beforehand, unless revealing this information is subject to legal constraints
You are responsible for the provision of personal data to Guylian and Distrimedia, and can exercise a degree of control. If certain information is incomplete or seemingly incorrect, Guylian and Distrimedia reserve the right to, temporarily or permanently, postpone certain actions or orders.
Article 5 – HOW LONG WILL WE HOLD YOUR DATA?
We only process your personal information for as long as necessary. We do keep a record of your data as long as your account is active, or if your personal data is necessary to offer you a particular service. We promise to delete your personal data as soon as this data is no longer required for the aforementioned purposes. The deletion is comparable to deleting files on your computer using the ‘trash bin’, allowing us to recover the data to a certain extent for some time.
We will store and process your personal data during the period necessary, depending on the purposes of the processing as well as the contractual relationship between you and Guylian.
Article 6 – MY RIGHTS AS A DATA SUBJECT.
6.1. Right of access and right to obtain a copy
You have the right to freely obtain at any moment access to your personal data, as well as to be informed about the purpose of the processing by Guylian.
6.2. Right to rectification, erasure or restriction
You have the choice to share your personal data with Guylian. You also have the right to request Guylian to rectify or erase your personal data. You acknowledge that a refusal to share data or a request to erase these data will make the delivery of certain services and/or products impossible.
You can also request the processing of your personal data to be restricted.
6.3. Right to object:
You have the right to object to the processing of your personal data when you have serious and legitimate reasons to do so.
You also have the right to object to the use of your personal data for purposes of direct marketing. In such case specific reasoning will not be requested.
6.4. Right to data portability:
You have the right to obtain your personal data which is processed by Guylian in a structured, commonly used and machine-readable format and/or to transfer this data to another data controller.
6.5. Right to withdraw consent:
When the processing is based on prior consent you have the right to withdraw this consent.
6.6. Exercising your rights:
You can exercise your rights by contacting us, either through the link ‘Contact us’ on the Website, or by regular mail to Guylian, Europark-Oost 1, 9100 Sint-Niklaas.
6.7. Automated decisions and profiling:
The processing of your personal data does not include profiling, nor shall you be subjected to automated decisions.
6.8. Right to file a complaint:
You have the right to file a complaint with the Belgian Privacy commission: Commission for protection of personal life, Drukpersstraat 35, 1000 Brussels,
Tel +32 (0)2 274 48 00, Fax +32 (0)2 274 48 35, e-mail: firstname.lastname@example.org.
This does not affect a procedure before the civil court.
If you have suffered damages caused by the processing of your personal data, you can file a claim for damages.
Each user can be assured that his personal data will be processed in a fair and lawful manner. This means that the data will only be processed for the above mentioned explicit and legitimate purposes. Guylian and Distrimedia also ensure that the personal data are always adequate, relevant and not excessive in relation to the purposes for which they are processed.
Article 7 – SAFETY AND CONFIDENTIALITY
We have adopted safety measures which are suited on both a technical and an organisational level to avoid the destruction, the loss, the forgery, the adjustment, the non-authorised access or the notification of the personal data by accident to a third party, as well as the non-authorised processing of these data.
Guylian shall not be liable in any way for direct or indirect damages caused by a wrongfully or improper use of the personal data by a third party.
At all times you shall comply with safety standards, for instance by avoiding all non- authorised access to your login and access code. You are solely responsible for the use of the Website on your computer, IP-address and identification data, as well as for its confidentiality.
Article 8 – APPLICABLE LAW AND JURISDICTION