v. 25 May 2020
1. Introduction and field of application
This privacy statement (the “Statement”) applies to the personal data collected on the website https://www.4gold.be (the “Website”), offered, owned and provided by:
|Company number: 0674.721.904|
hereinafter “4Gold”, “we” or “us”
4Gold considers the protection of personal privacy extremely important and wants to inform you – as a visitor to its Website – as much as possible, respect and give you control over what happens to your Personal Data and your privacy.
All capitalized names not defined in this Declaration have the meaning as defined in Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (“GDPR“).
Your Personal Data and your privacy are protected by 4Gold in accordance with Belgian and European regulations on the protection of privacy. Please read this Statement very carefully. It describes not only your rights, but also the way in which you can exercise these rights.
By accessing the Website, sharing your Personal Data and agreeing to this Statement, you expressly consent to the manner in which 4Gold collects and processes your Personal Data as described in this Statement.
2. Who processes your Personal Data and how can you reach us?
4Gold is responsible for the Processing of your Personal Data that you make available through the Website and has the role of Processing Responsible for your Personal Data processed through the Website.
4Gold has appointed a Privacy Officer, to whom you can always turn for questions regarding your privacy and the processing of your Personal Data. The Data Protection Officer can be reached via:
|Nutribam BV||Privacy Responsible|
E-mail: [email protected]
Telephone: +32477 76 29 23
3. What Personal Data are collected and processed?
4Gold processes different types of Personal Data, depending on the services you use on the Website. It is possible that (amongst others) the Personal Data below will be processed by 4Gold when you visit the Website:
|Profile information||First name, surname, address, e-mail address, telephone number, VAT number, company name, etc.|
|History and logs||Surfing behaviour, date and time when the Website was visited, date and time of registration on the Website, information about the shopping basket, etc.|
|Technical information||Data from computers, phones or other devices with which you use the Website, your IP address, browser type, etc.|
When Personal Data of a third party is disclosed through the Website or for the purpose of visiting the Website, the person communicating the Personal Data guarantees that he or she had informed that third party and that he or she has obtained all necessary consents to share the Personal Data of that third party through the Website.
4. What is the purpose and basis of the processing of your Personal Data?
The purpose and basis of the processing of your Personal Data depends primarily on the category of Personal Data concerned. Below you will find an overview of the purpose and basis of the various Personal Data we process.
|Profile information is collected when you create a profile on the Website, to process orders you place on the Website, to ensure the proper functioning of the Website and to send emails regarding promotions, offers, products, etc.|
|Basis||Implementation of the agreement and legitimate interest|
|History and logs||Purpose||Data relating to history and logs are collected to ensure the proper functioning and personalization of the Website, for analysis and to send you emails to ‘continue shopping’ when certain products remain in your shopping basket.|
|Technical information||Purpose||Technical information is collected to personalize the Website and for location based services.|
Below we describe in detail each applicable basis for Processing:
The legitimate interest as a basis is justified with respect to technical information and history and logs since it is important for 4Gold to adapt and improve its Website on the basis of that information. The fact that 4Gold processes this information will ultimately also benefit the users. In any case, in view of the data that is collected, there can be no violation of the users’ fundamental rights and/or freedoms.
We ask your permission for some specific processing activities. The consent you give is free in all times and you have the right to revoke it at any time. A withdrawal of consent does not affect the processing of Personal Data (i) prior to such withdrawal, (ii) on the basis of any legitimate reason for processing Personal Data (iii) in the event of a legitimate interest in the processing.
The foregoing reasons may not be exhaustive and 4Gold is at all times entitled to process your Personal Data for any other legitimate reason. In such cases 4Gold will inform you as soon as possible of that reason. An update of this Statement may constitute such notice.
5. Receiving and Sharing of Personal Data
4Gold will receive your Personal Information, including when:
- You visit the Website;
- You register on the Webiste;
- You contact 4Gold via the Website;
4Gold will always share your Personal Data in a minimal way. However, in order for the Website to function properly, it is sometimes necessary for 4Gold to share Personal Data with third parties.
Processors and subprocessors of 4Gold always act under the responsibility of 4Gold. If 4Gold uses processors or subprocessors, this will always be done under a processor agreement that meets the requirements of the GTC and protects your Personal Data as much as possible.
4Gold may also disclose your Personal Data to third parties for the purpose of storing and processing your Personal Data, responding to your requests, sending you information, hosting the Website, and optimizing its Website.
Your Personal Data may be shared or transferred to the following entity:
|Google Analytics||The Personal Data is transferred in order to optimize the Website.|
|Jetpack Analytics||The Personal Data is transferred in order to optimize the Website.|
|Mailchimp||The Personal Data is transferred in order to send direct marketing messages.|
|BME NV||The Personal Data is transferred in order to process your order via the Website.|
This list will evolve and will be updated regularly.
If you are redirected to another website, platform or application through the Website, other terms, privacy and cookie policies may apply. You should take into account the terms, privacy and cookie policies of those other applications, websites or platforms. We encourage you to read these terms, privacy and cookie policies of the other applications, platforms and websites you visit.
6. Direct Marketing
4Gold may use your Personal Data for direct marketing purposes. This way, 4Gold can keep you informed about its products, updates, events, etc. You give your explicit consent, but you can at all times revoke your consent or object free of charge to the processing of your Personal Data for such marketing purposes.
For these direct marketing purposes, including profiling related to direct marketing, you have the right to object free of charge at any time by sending an e-mail to [email protected].
7. Transfer of Personal Data to countries outside the European Economic Area (EEA)
In principle, 4Gold does not transfer your Personal Data to countries outside the EEA. However, it is possible that 4Gold – via its subprocessors or processors – does transfer your Personal Data to countries outside the EEA. In this case, 4Gold will only transfer your Personal Data outside the EEA in accordance with applicable law (such as Chapter V of the GDPR) (e.g. model contract clauses, binding corporate rules, codes of conduct, decisions declaring the level of protection appropriate, etc.).
8. How will my Personal Data be stored?
4Gold uses the following retention periods for your Personal Data:
|Profile information||Maximum 5 years after you made your Personal Data available on your Website, or a longer retention period if and as long as you do not delete your profile or 4Gold has a legitimate interest.|
|History and logs||Maximum 5 years after you made your Personal Data available on your Website, or a longer retention period if and as long as you do not delete your profile or 4Gold has a legitimate interest.|
|Technical information||Maximum 5 years after you made your Personal Data available on your Website, or a longer retention period if and as long as you do not delete your profile or 4Gold has a legitimate interest.|
9. How will my Personal Information be protected?
4Gold has put in place appropriate technical and organizational measures, safeguards and guarantees to process your Personal Data in accordance with applicable Belgian and European regulations, and in particular, without limitation, to protect your Personal Data against loss, misuse or unauthorized alteration. 4Gold uses a team of technicians, automated systems and advanced technology such as:
- secure Socket Layer (SSL) technology protects information through the use of server authentication and data encryption;
- data is stored in a secure data centre;
- all passwords are encrypted;
- credit card or bank account details will not be processed;
- All transactions are processed through a gateway provider and are not stored or processed on our servers;
- concluding processing agreements with suppliers;
4Gold makes all reasonable and appropriate efforts to maintain the confidentiality of your Personal Information.
Despite the aforementioned measures of 4Gold, you should be aware that there are always risks associated with sending Personal Data over the Internet. The safety and protection of your Personal Data can never be fully guaranteed.
10. What rights do I have?
If and to the extent provided for in the applicable Belgian and European regulations, you have the right:
- on a confirmation whether or not 4Gold processes your Personal Data and, if applicable, on the access to the Personal Data that 4Gold processes;
- on correction by 4Gold, without undue delay, of inaccurate or imcomplete Personal Data;
- to have your Personal Data erased by 4Gold;
- to obtain your Personal Information and transfer it to another Responsible Person or Processor;
- in order to obtain from 4Gold the limitation of the processing of your Personal Data, to the extent this is possible;
- to be sent your Personal Data in a structured, commonly used and machine-readable format;
- to oppose the processing of your Personal Data and the use of your Personal Data and the use of your Personal Data for direct marketing purposes.
You can exercise these rights by contacting the Privacy Officer and providing him/her with a copy of your identity card (no national registration number may be visible).
If and to the extent provided for in the applicable Belgian and European regulations, you have the right to lodge a complaint with the competent supervisory authority if the processing of your Personal Data violates the applicable regulations. In Belgium, this is the Data Protection Authority www.dataprotectionauthority.be.
11. Amendments to the Declaration
4Gold may change this Statement at any time. The date of the last modified version is shown at the top right of the Declaration. Changes will be posted on the Website so that you are always aware of the information that 4Gold collects, how 4Gold uses this information and how 4Gold shares this information.
Modified versions of this Statement will take effect ten (10) days after its publication on the Website and will, if necessary, always be submitted for approval.
12. Permission to release
You expressly acknowledge, confirm and consent to 4Gold disclosing your Personal Information if required to do so by law or if 4Gold determines in good faith that such disclosure is required to:
- comply with an ongoing judicial investigation, court order or legal process relating to the Website;
- to respond to claims against 4Gold regarding Personal Data that violate the rights of third parties;
- safeguard the rights, property and safety of 4Gold, its employees, users and the public.
4Gold may disclose your Personal Information to competent police or judicial authorities or other official government bodies if 4Gold, in its sole discretion, deems it necessary or useful in connection with an investigation of fraud, intellectual property infringement or any other harmful activity, or if 4Gold reasonably suspects that such activity may expose 4Gold or yourself to liability.
If 4Gold has lawfully provided your Personal Data to a third party (other than a Processor or Subprocessor), 4Gold will not be liable for any unlawful processing or use by that third party.
Under no circumstances will 4Gold accept responsibility or liability for any direct or indirect damages resulting from any error or unlawful use of Personal Data by a third party (other than a Processor or Subprocessor).
Neither is 4Gold liable if third parties unlawfully process or use your Personal Data and 4Gold has taken appropriate technical and organizational measures to prevent such unlawful processing or use.
4Gold is only liable for damages caused by the processing of Personal Data if it did not meet the specific obligations of the GDPR. 4Gold will in no event be liable for any special, incidental, indirect or consequential damages or losses.
14. Applicable law and jurisdiction clause
This Declaration will be governed, interpreted and implemented in accordance with Belgian law, which is exclusively applicable in the event of any dispute.
The Belgian courts of the Antwerp jurisdiction, Antwerp Section, have exclusive jurisdiction to adjudicate any dispute that may arise from the interpretation or implementation of this Declaration, subject to the consumer’s right to bring a dispute before the competent court on the basis of a mandatory provision of law.