This policy sets out:
- what is considered personal information;
- what personal information we collect and hold;
- how we collect, hold, use or disclose personal information;
- the purposes for which we collect personal information;
- what happens if we are not able to collect personal information;
- how to seek access to and correct your personal information;
- whether we disclose personal information outside Belgium; and
- how to contact us.
ValCUN respects the rights and privacy of all individuals and is committed to complying with the Belgian privacy Act & Principles of September 5, 2018 (the Act) and protecting the personal information we hold.
We may, from time to time, review and update this policy, including taking account of new or amended laws, new technology and/or changes to our operations. All personal information held by us will be governed by the most recently updated policy and we will give you notice of our revised policy by posting to our Website.
2. WHAT IS PERSONAL INFORMATION?
When used in this policy, the term “personal information” has the meaning given to it in the Act. In general terms, it is any information that can be used to personally identify you. This may include (but is not limited to) your name, age, gender, postcode and contact details (including phone numbers and email addresses) and possibly financial information, including your credit card or direct debit account information. If the information we collect personally identifies you, or you are reasonably identifiable from it, the information will be considered personal information.
3. WHAT PERSONAL INFORMATION DOES ValCUN COLLECT AND HOLD?
We collect the type of personal information required to assist with providing ValCUN’s products and services and informing you about them.
This may include personal information such as:
- personal or company name;
- mailing or street address;
- email address;
- telephone number;
- age or birth date;
- details of what you have purchased from us or which of our services you have enquired about, together with any additional information necessary to deliver those services and to respond to your enquiries;
- financial information, including your credit card, direct debit or PayPal account information; and
- any additional information relating to you that you provide to us directly through our website, by phone or in person, or information you have provided indirectly through use of our website or online presence through our representatives or otherwise;
4. HOW AND WHY DOES ValCUN COLLECT PERSONAL INFORMATION?
We collect your personal information directly from you unless it is unreasonable or impractical to do so. We do this in ways including:
- via your access and use of our website;
- when you make any online purchases via our website;
- when you enter a competition operated by us;
- via someone else who has provided us with your information;
- during conversations between you and us via phone.
We may also collect personal information from third parties including third party companies such as law enforcement agencies and other government entities, e-commerce platforms, data suppliers, advertisers, mailing lists and contractors and business partners.
We may also provide your information to third parties engaged by ValCUN to perform functions on its behalf, such as processing credit card information, order fulfilment, mailouts, shipping, debt collection, marketing, research and advertising; and third parties authorised by you to receive information held by ValCUN.
We may collect and disclose personal information to third parties for the purposes described in this policy. These purposes include but are not limited to:
- efficient communications between you and ValCUN;
- secure storage and management of your files to allow ValCUN to deliver services to you;
- notifying you of promotional material which may be suited to you.
The primary purpose for which we collect information about you is to enable us to perform our business activities and functions, to communicate with you and to provide you with the best customer experience.
Other purposes for which we will collect or use your personal information are:
- (consent) where you have consented to our use of your personal information;
- (contract performance) where we are required to collect and handle your personal information in order to provide you with the services we have contractually agreed to provide to you;
- (legal obligations) where we need to use your personal information to comply with our legal obligations (including establishing, exercising or defending legal claims);
- (legitimate interests) where we have a legitimate interest in using your personal information. For example, if we consider that our interest in using your personal information for the specific purpose is not outweighed by interests you have or prejudice you may suffer from the use of the information; or
- (substantial public interest) where we need to process your personal information for reasons of substantial public interest as set out in EU law or the laws of the state in which you are based.
- We generally collect personal information as part of providing you with access to our products and services, informing you about them, complying with our contractual and other legal obligations, running promotions and other marketing activities or administering our relationship with you by responding to your enquiries and providing you with information about ValCUN events, products and services that may be of interest to you.
- We may use your personal information for those purposes, for any other purpose listed on a collection statement at the point of collection, or in any other way if we ask for your consent first.
- We will not knowingly collect personal information from a child under the age of 12 without the consent of their parent or guardian (in accordance with the Children’s Online Privacy Protection Act of 1998 (COPPA).
We may disclose your personal information to:
- our employees, contractors, licensees or external service providers for the operation of our website or our business, fulfilling requests by you, including without limitation IT systems administrators or payment processors;
- specific third parties authorised by you to receive information held by us;
- the police, any relevant authority or enforcement body, or your Internet Service Provider or network administrator, for example, if we have reason to suspect that you have committed a breach of any of our terms and conditions, or have otherwise been engaged in any unlawful activity, and we reasonably believe that disclosure is necessary;
- as required or permitted by any law (including the Privacy Act).
5. WHAT HAPPENS IF WE CAN’T COLLECT YOUR PERSONAL INFORMATION?
Where practical, you may choose not to identify yourself, deal with us on an anonymous basis or use a pseudonym.
In some instances, if you do not provide us with required personal information described in this policy, we may not be able to provide you with the services you requested, either to the same standard, or at all.
As a result, ValCUN may need to suspend, cancel, decline, or renew the supply of goods and services (subject to our terms and conditions and relevant laws).
6. USE OF FINANCIAL INFORMATION
If you use our website to make purchases or other financial transactions (such as payment of invoices through the website for products you purchase offline), we collect information about the purchase or transaction. This includes payment information, such as your credit card or debit card number,
billing details and other account and contact information (Financial Information).
We will only collect Financial Information from you with your prior knowledge and consent. You can access and browse our website without disclosing Financial Information.
We use your Financial Information solely to process payments for products or services you request through the use of our website. We only use and retain your Financial Information to complete payments you initiate, any Financial Information that is collected is solely for the purpose of transaction approval and the transfer of funds.
We provide data encryption throughout the payment process and only share your Financial Information with your credit card provider, third party payment processor or financial institution to process payments. The Financial Information we collect from you is strictly confidential and held on secured servers in controlled facilities.
We do not retain your Financial Information after the transaction is complete, unless you check a box through which you ask us to save your Financial Information for future product purchases or payments. If you do check that box, we will retain your Financial Information until you contact us and ask that we remove it from our databases.
We may use third party agents to manage online payment processing. These agents are not permitted to store, retain, or use your Financial Information or other personally identifiable information, except for the sole purpose of payment processing on our behalf. Any third party agent used by us is not authorized to use your Financial Information in any way other than to process payments and is required to keep any Financial Information it uses or collects confidential.
7. DIRECT MARKETING MATERIALS
We may send you direct marketing communications and information about services that we consider may be of interest to you. These communications may be sent in various forms, including mail, SMS or email, in accordance with applicable marketing laws, such as the EU Spam Law 2003. If you indicate a preference for a method of communication, we will endeavour to use that method whenever practical to do so.
In addition, at any time, you may opt-out of receiving marketing communications from us by contacting us (details below) or by using the opt-out facilities provided (e.g. an unsubscribe link). We will then ensure that your name is removed from our mailing list. We do not provide your personal information to other organisations for the purposes of direct marketing unless expressly authorised by you.
Even if you do opt out of receiving marketing communications from us, you agree that we may still send you information relevant to the supply of any services arranged by us.
If you receive communications from us that you believe have been sent to you other than in accordance with this policy, or in breach of any law, please contact us using the details provided below.
8. THIRD PARTY LINKS AND WEBSITES
Our website contains links to other websites operated by third parties.
In order for ValCUN to deliver the services you request, we at times may allow access to personal information to third parties.
We make no representations or warranties in relation to the privacy practices of any third party website and we are not responsible for the privacy policies or the content of any third party website.
9. WILL YOUR INFORMATION BE DISCLOSED OUTSIDE OF BELGIUM?
Your personal information will be accessed by ValCUN, our staff or suppliers and will be stored in Belgium.
We will take reasonable steps to ensure that the foreign recipients of your personal information do not breach the privacy obligations relating to your personal information. If you are located in the EU, we must comply with specific rules when we transfer personal information from inside the EU to outside the EU. When we do this, we will use appropriate safeguards to protect any personal information being transferred.
If you are located in the EU, you should note that your personal information will be stored and accessed in countries that have a lower level of data protections than under EU law.
10. HOW CAN YOU ACCESS AND CORRECT YOUR PERSONAL INFORMATION?
You may request access to any personal information we hold about you at any time by contacting us at firstname.lastname@example.org
Where we hold information that you are entitled to access, we will try to provide you with suitable means of accessing it (for example, by mailing or emailing it to you). We will not charge for simply making a request and will not charge for making any corrections to your personal information. If you make an access request, we will ask you to verify your identity. There may be instances where we cannot grant you access to the personal information we hold. For example, we may need to refuse access if granting access would interfere with the privacy of others, or if it would result in a breach of confidentiality. If that happens, we will give you written reasons for any refusal.
If you believe that personal information we hold about you is incorrect, incomplete or inaccurate, then you may request us to amend it. We will consider if the information requires amendment. If we do not agree that there are grounds for amendment, then we will add a note to the personal information stating that you disagree with it.
We request that you keep your information as current as possible so that we may continue to improve our service to you.
11. HOW WILL ValCUN MAKE SURE YOUR PERSONAL INFORMATION IS SECURE?
We will take all reasonable steps to protect the personal information that we hold from misuse, loss, or unauthorised access, including by means of firewalls, password access, secure servers and encryption of credit card transactions.
If you suspect any misuse or loss of, or unauthorised access to, your personal information, please let us know immediately.
If we suspect any misuse or loss of, or unauthorised access to, your personal information we may inform you of that suspicion and take immediate steps to limit any further access to, or distribution of, your personal information. If we determine that the breach is likely to result in serious harm to you and we are unable to prevent the likely risk of serious harm with remedial action, we will take action in accordance with the Act.
12. DOES ValCUN USE “COOKIES”
When you use our Website, products or services, ValCUN or our service providers may obtain information using technologies such as cookies, tags, web beacons, and navigational data collection (log files, server logs, and clickstream data) to better understand your user experience. For example, ValCUN or our service providers may collect information like the date, time and duration of visits and which webpages are accessed.
When you access our website, we may send a “cookie” (which is a small summary file containing a unique ID number) to your computer. This enables us to recognise your computer and greet you each time you visit our website, without bothering you with a request to register or log-in. It also helps us keep track of products or services you view, so that we can send you news about those products or services.
We may also log IP addresses (the electronic addresses of computers connected to the internet) to analyse trends, administer the website, track user movements, and gather broad demographic information.
This information is generally not linked to your identity, except where it is accessed via links in ValCUN emails or where you have identified yourself. We may also collect anonymous data (which is not personal information) relating to your activity on our website (including IP addresses) via cookies. We generally use this information to report statistics, analyse trends, administer our services, diagnose problems and target and improve the quality of our services. To the extent this information does not constitute personal information because it does not identify you or anyone else, the Australian Privacy Principles do not apply and we may use this information for any purpose and by any means whatsoever.
13. HOW CAN YOU COMPLAIN ABOUT PRIVACY BREACHES?
We will treat your requests or complaints confidentially. Our representative will contact you within a reasonable time after receipt of your complaint to discuss your concerns and outline options regarding how they may be resolved. We will aim to ensure that your complaint is resolved in a timely and appropriate manner.
If you are not satisfied with the outcome of our investigation, then you may request that an independent person (usually the Commonwealth Privacy Officer) investigate your complaint.
14. WHO CAN YOU CONTACT ABOUT YOUR PERSONAL INFORMATION?
To contact ValCUN about your personal information, concerns or complaints, email email@example.com or alternatively, write to ValCUN at Langerbruggestraat 33, 9041 Oostakker, Belgium.
Jan De Pauw