– PRIVACY AND COOKIE POLICY –

 

Object

 

The present Charter has been prepared by Company 13 bvba, with registered offices at Moeistraat 20G, 9830 St-Martens-Latem, registered with the Crossroads Bank for Enterprises under the number BE0839.481.946 (hereinafter referred to as the “Processor”).

 

The object of the present Charter is to inform visitors to the website at the address www.gold-estates.be (hereinafter referred to as the “Website”) regarding the way in which data is collected and processed by the Processing Controller.

 

This Charter is based on the desire of the Processing Controller to act in full transparency, this in accordance with the Law of 8 December 1992 on the protection of privacy in relation to the processing of personal data and in accordance with the 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 and repealing Directive 95/46/EC (hereinafter referred to as the “General Data Protection Regulation”).

 

The Processing Controller is particularly attentive to the protection of the private life of its users and consequently undertakes to take all necessary and reasonable measures to protect the personal data of these individuals from loss, theft, dissemination or unauthorized use.

 

If the User wishes to respond to any of the provisions listed below, the User may contact the Processing Controller at the postal address or email address shown in the “contact information” section of the present Charter.

Permission

 

By accessing and using the Website, the user declares that he has read the information provided below and accepts the present Charter. This also implies that the user expressly agrees that the Data Controller collects and processes the personal data communicated by the user through the Website and/or when using the services offered through the Website, for the purposes set out below, in accordance with the terms and principles set out in this Charter.

 

The user has the right to withdraw his consent at any time. The withdrawal of such consent shall not affect the lawfulness of the processing that has already taken place on the basis of the prior consent.

What data do we collect?

 

By visiting and using the Website, the User expressly agrees that the Processing Controller, according to the modalities and principles described below, collects and processes the following personal data:

 

• The domain of the user (automatically picked up by the server of the Processing Controller), including the dynamic IP address;
• the user’s email address if the user has entered it in advance, for example by posting messages or asking questions on the Website, by communicating with the Processing Manager via email, by participating in discussion forums, by obtaining identification access to a restricted area of the Website, etc;
• The set of information related to the pages visited by the user on the Website;
• any information voluntarily communicated by the user, for example in the context of surveys and/or subscriptions to the Website, or by gaining identification access to a restricted area of the Website.

 

It is possible that the Processing Agent may also collect data that is not of a personal nature. These data are qualified as non-personal data and do not allow for the direct or indirect identification of any particular person. Consequently, this data can be used for any purpose, for example, to improve the Website, to improve the products and services offered or to improve publications of the Processor.

 

In the hypothesis where personal data are combined with data without personal character, so that it is possible to identify the individuals concerned, these data will be processed as personal data until the individuals concerned can no longer be identified on the basis of the data in question.

Ways of data collection

 

The Processing Agent collects the data in the following ways:

 

– Fill-in form on the website

– Manual recording via an entry form at events (trade fairs, open days, information sessions, etc.)

– Contact via our toll-free number 0800/900 11 or our VIP Service

– PR and networking events where bussinesscards are exchanged

The purposes of processing

 

Personal data is collected and processed for the purposes listed below:

 

• Ensure management and control in terms of the implementation of the services offered;
• Sending and following up on orders and invoices;
• Sending promotional information related to the products and services by the Processor;
• possibly sending free samples or offering services at more favorable terms;
• Answering questions from users;
• realizing statistics;
• Improving the quality of the Website and its products and/or services by the Processor;
• Forward information regarding new products and/or services by the Processor;
• direct marketing purposes;
• Allow for better identification of user interests.

 

The Processor may be led to carry out processing operations that were not yet included/foreseen in the present Charter. In such a case, the Processing Controller will contact the User before using his/her personal data in order to inform the User of the changes and to give him/her the opportunity to refuse, as the case may be, such use.

Duration of preservation

 

The Processing Controller shall only retain the personal data for the period reasonably necessary to achieve the intended purposes and in accordance with legal and regulatory requirements.

 

A customer’s personal data will be kept for a maximum of 3 years after the termination of the contractual relationship that binds the customer to the Controller.

 

Shorter retention periods will apply for certain categories of data, such as traffic data that will only be retained for a period of 12 months.

 

Upon expiration of the retention period, the Processing Controller will make every effort to ensure that the personal data was made unavailable.

Access to data and copies

 

By means of a written, dated and signed request addressed to the Processing Manager at the address indicated under the point “contact details” of the present Charter, the user may, after his/her identity has been verified (by attaching a copy of his/her identity card), obtain the written communication or a copy of the personal data acquired free of charge.

 

The Processing Controller may demand payment from the user of all reasonable costs, based on administrative costs for each additional copy requested by the user.

 

As soon as the user submits this question electronically, the information will also be delivered electronically, unless the user requests otherwise.

 

The copy of his data will be communicated to the user no later than one month after receipt of his request.

Right to Improvement

 

By means of a written, dated and signed request addressed to the Processing Manager at the address indicated in the point “contact details” of the present Charter, the User may, after verification of his/her identity (by attaching a copy of his/her identity card), within a reasonable period and at the latest within the period of one month, request, free of charge, the correction of his/her personal data if they contain errors, are incomplete or irrelevant, as well as request that his/her data be completed if they are incomplete.

The right to oppose processing

 

By means of a written, dated and signed request addressed to the Processing Manager at the address indicated under the point “contact details” of the present Charter, the User may, at any time, for reasons relating to his or her personal situation and after verification of his or her identity (by attaching a copy of his or her identity card), object to the processing of his or her personal data free of charge:

 

• when the processing is necessary for the performance of a task with public interest or when the processing is part of the exercise of public authority entrusted to the Processing Controller;
• when the processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority;
• when the processing is necessary for the purposes of pursuing the legitimate interests of the Processing Controller, provided that the interest or fundamental rights and freedoms of the data subject do not prevail over that interest (in particular when the data subject is a child).

 

The Processing Controller may refuse to carry out the User’s opposition if it establishes the existence of compelling and legitimate motives justifying the processing, which prevail over the interests or the rights and freedoms of the User, or when it is used for a legal dispute, the conduct of a legal defense or for the exercise of rights. In the event of a dispute, the user may appeal in accordance with the provisions of the point “Objections and complaints” of the present Charter.

 

By means of a written, dated and signed request addressed to the Processing Manager at the address indicated in the point “contact details” of the present Charter, the user may, at any time and after verification of his or her identity (by attaching a copy of his or her identity card), object, without justification and free of charge, to the processing of his or her personal data if this data is collected for direct marketing purposes (including profiling).

 

If the personal data is used in the context of scientific or historical research or with statistical purposes in accordance with the General Data Protection Regulation, the user has the right to oppose the processing of his personal data for reasons relating to his personal situation, unless the processing would be necessary for a task in the exercise of public authority.

 

The Processing Controller is required to respond to the User’s request within a reasonable period of time and no later than one month, and must justify its response if it intends not to give a favorable response to the User’s request.

The right to restrict processing

 

By means of a written, dated and signed request addressed to the Processing Controller at the address indicated under the point “contact details” of the present Charter, the User may, after verifying his identity (by attaching a copy of his identity card), obtain the restriction of the processing of his personal data, in the following cases:

 

• when the user disputes the accuracy of a piece of data and only for the period of time needed by the Processing Agent to verify it;
• when the use is unauthorized or when the user prefers the limitation of operation to the exchange of the data;
• when the user needs this restriction for a challenge, exercise or defense in court, although it is no longer necessary for the continuation of the purposes of the processing;
• during the period necessary to examine the merits of an objection request, in other words, the period required by the Processing Controller to balance the legitimate interests of the Processing Controller and those of the User.

 

The Processing Controller will notify the User as soon as the restriction on operation is lifted.

The right to erasure (right to be forgotten)

 

By means of a written, dated and signed request addressed to the Processing Manager at the address indicated under the point “contact details” of the present Charter, the User may, after verifying his identity (by attaching a copy of his identity card), obtain the erasure of the personal data relating to him if one of the reasons set out below applies:

 

• the data is no longer necessary in relation to the purposes of the processing;

 

• the user has withdrawn his consent to the processing of his data and there is no legal basis for further processing;
• the user opposes the processing and there is no compelling legitimate motive for further processing and/or the user exercises his special right to object with regard to direct marketing purposes (including profiling);
• the personal data has been the subject of an unauthorized use;
• the personal data must be erased in order to comply with a legal obligation (of the law of the European Union or the law of a Member State) to which the Processing Controller is subject;
• the personal data was collected in the context of an offer to provide services directed to children.

 

However, the exchange of data does not apply in the 5 following cases:

 

• as soon as the processing is necessary for the exercise of the right to freedom of expression and et right to information;
• as soon as the processing is necessary for compliance with a legal provision requiring processing as provided for by European Union law or by the law of one of the Member States to which the Processing Controller is subject, or when the processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority;
• of once the processing is necessary for reasons of public interest in the area of public health;
• as soon as the processing is necessary for archiving purposes of public interest, for scientific or historical research or for statistical reasons, and provided that the right to erasure may make the realization of the purposes of the processing impossible or seriously jeopardize the conduct;
• as soon as the processing is necessary for the contestation, exercise or defense in court.

 

The Processing Manager is required to respond to the User’s request for exchange within a reasonable period of time, and at the latest within one month, and to provide reasons for its response if it intends not to give a favourable response to the User’s request.

 

The user also has the right to obtain, free of charge, within the same modalities, the abolition or prohibition of use of any personal data relating to him which, taking into account the purpose of the processing, are incomplete or irrelevant or whose registration, communication or retention is prohibited or which have been retained for a longer period than necessary and permitted.

 

The right to ” data portability “

 

By means of a written, dated and signed request addressed to the Processing Manager at the address indicated under the point “contact details” of the present Charter, the User may, at any time and after verification of his or her identity (by attaching a copy of his or her identity card), request that his or her personal data be provided free of charge in a structured and commonly used machine-readable format, with a view to transferring it to another Processing Manager:

 

• if the processing of the data is carried out using automated processes; and
• If the processing is based on the consent of the user or on an agreement concluded between the latter and the Processing Controller.

 

Under the same conditions and following the same modalities, the User also has the right to demand from the Processing Controller that the personal data relating to him would be transferred directly to another data controller, insofar as this is technically possible.

 

The right to data portability does not apply to processing that is necessary for a task of general interest or that is part of the exercise of public authority entrusted to the Processing Controller.

Assignments of data and disclosure to third parties

 

The recipients of the data collected and processed, in addition to the Controller itself, its employees or other subcontractors, are carefully selected commercial partners, located in Belgium or the European Union, who cooperate with the Controller in the context of marketing products or providing services.

 

In the event that the data is disclosed to third parties for direct marketing or canvassing purposes, the user will be informed in advance in order to allow him to decide whether or not to accept the processing of his data by third parties.

 

By means of a written, dated and signed request addressed to the Processing Manager at the address indicated under the point “contact details” of the present Charter, the User may, at any time and after verification of his/her identity (by attaching a copy of his/her identity card), object to the transfer of his/her data to third parties free of charge.

 

The Controller shall comply with all applicable legal and regulatory provisions and shall in any event ensure that its partners, staff members, subcontractors and other third parties who have access to the personal data comply with the present Charter.

 

The Processing Controller reserves the right to disclose the User’s personal data if a law, a legal proceeding or an order of a public authority would make such disclosure necessary.

No transfer of personal data will take place outside the European Union.

Use and management of ” cookies “

General principles. Current article provides information regarding the use of cookies on the Website.

 

The current policy regarding the management of cookies applies to the Website. These are managed by the Processing Agent.

 

The Website uses cookies in order to make navigation more accurate and reliable. Some of these cookies are indispensable for the proper functioning of the Website, others allow to improve the user’s experience.

 

Most web browsers are configured to accept cookies automatically. If the user wishes to personalize its management, he should change the settings of his web browser. He will find more information related to this topic under the “management of cookies” section of the current provision.

 

By visiting and using the Website, the user expressly gives his consent with the management of cookies described below.

Definition of cookies. A ” cookie ” is a data or text file that the server of a Website will temporarily or permanently store on the user’s device (hard drive of his computer, tablet, smartphone or any other similar device) by using the user’s browser. Cookies may also be installed by third parties with whom the Processing Agent cooperates.

 

The cookies store certain information, such as visitors’ language preferences or the contents of the shopping cart. Other cookies store statistics related to the users of the Website or ensure that graphics are displayed correctly and that applications on the Website work properly. Still other cookies allow the content and/or publicity of the Website to be adapted to the user.

Use of Cookies on the Website. The Website uses the following types of cookies:

 

• The indispensable or technical cookies: these cookies are indispensable for the operation of the website and ensure the proper communication and facilitate browsing;
• The statistical or analytical cookies: these cookies allow to recognize the visitors and count the number, as well as to keep their browsing habits when they visit the Website. This makes browsing easier for the user and this allows the user to find what they are looking for more easily;
• The functional cookies: these cookies allow to activate specific functions of the Website in order to improve the user-friendliness and the user’s experience, especially as the cookies remember the user’s preferences (for example, the language);
• Cookies related to performance: these cookies store information related to how the Website is used by users. They also allow to evaluate and continuously improve the performance of the Website (for example, by tracking the number of visitors, by identifying the pages and the most popular clicks), and to better tailor the commercial offers to the user’s personal preferences;
• Advertising and commercial cookies: these are files whose purpose is to collect data related to the profile of users and these files may be installed or read by third parties with whom the Processing Agent cooperates in order to measure the effectiveness of an advertisement or of a web page and adapt it to the interests of the user;
• Tracking cookies: the Website uses tracking cookies through Google Analytics in order to help the Controller process the ways in which users respond and interact with the Website content, and which generates anonymous visitor statistics. These statistics allow to improve the Website in a permanent way and to offer the user pertinent content. The Processing Agent uses Google Analytics in order to obtain a picture of website traffic, the origin of this traffic and of the web pages visited. This means that Google acts as a subcontractor. The information collected by Google Analytics is created in an anonymous manner. It is, for example, not possible to identify the individuals who visit the Website. For more specific information, the user should consult Google’s Personal Data Protection Policy, available at the following address: http://www.google.nl/intl/en_uk/policies/privacy/

 

The Controller may also use cookies and beacons to collect information regarding users’ browsing habits on the various websites and applications belonging to its advertising network.

 

A beacon is an invisible graphic file that tracks the user’s browsing on one or more websites and/or applications. In addition, multiple commercial cookies may be installed by the advertisers when distributing their advertisement.

 

Commercial cookies do not contain personal data. The information and beacons collected using commercial cookies are used to measure the effectiveness of the advertising and to better personalize the advertising on the Website, as well as on other websites belonging to the advertising network or for which the Controller provides advertising services.

 

The retention period of cookies varies according to their type: indispensable cookies are generally kept until the browser is closed, while functional cookies remain valid for 1 year and cookies related to performance for 4 years.

 

The Processing Agent authorizes the public search engines to visit the Website through ” spiders “, with the aim of making the access to and the content of the Website accessible through these search engines, without granting the Processing Agent any right to archive the Website. The Processor reserves the right to withdraw such consent at any time.

 

In order to provide offers that could interest the User, the Processing Agent may enter into agreements with Internet advertising agencies.

 

These are authorized by the Processing Agent to place advertising on the Website. From the moment the user visits the Website, these advertising agencies may also collect information.

Managing cookies. The majority of browsers are set to accept cookies automatically, but all browsers allow personalization of the settings according to user preferences.

If the user does not want the Website to place cookies on their computer/mobile device, they can easily manage or delete cookies by changing their browser settings. The user can also program his browser to send him a notification when he receives a cookie, so that the user can decide whether or not to accept it.

 

If the user wishes to block and/or manage certain cookies, he can do so by following the following link, linked to his browser:

 

– Internet Explorer: http://windows.microsoft.com/en-us/windows-vista/block-or-allow-cookies
– Chrome: https://support.google.com/accounts/answer/61416?hl=en
– Firefox: https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences
– Safari: http://support.apple.com/kb/PH5042

 

If the user does not wish to accept Google Analytics cookies, he can indicate this via the message concerning cookies that appears when he uses the website for the first time, or by changing the settings of his browser in such a way that cookies are refused.

 

To no longer be tracked by Google Analytics on any website, the user can use the following website: http://tools.google.com/dlpage/gaoptout

In the hypothesis where the user deactivates certain cookies, it is possible that certain parts of the website are not accessible and/or usable, or that they are only partially accessible and/or usable.

Safety

 

The Processing Controller shall provide appropriate technical and organizational measures to guarantee a level of security in the processing of the collected data, in accordance with the risks that may arise in the processing of the data and adapted to the nature of the data to be protected. The Processing Controller shall take into account the state of knowledge, the cost of the works and the nature, scope, context and purpose of the processing, as well as the risks to the rights and freedoms of the users.

The Controller, when receiving or sending data on the Website, always uses encryption technology that has been recognized within the IT sector as being the industry standard.

 

The Controller has implemented the necessary security measures to protect the information obtained through the Website and to prevent its loss, misuse or alteration.

Electronic and telephone communication and communication by mail

Communication by mail. If the user submits his/her postal address to the Processor via the Website, this data will be stored in the Processor’s address file in order to answer his/her questions and to keep the user informed about the products and services offered by the Processor. Unless opposed by the user, the Processing Controller may communicate the data related to the user to third parties (such as groups of companies and commercial partners) with direct marketing purposes. If the user does not want his data to be used for direct marketing purposes, he can indicate this when registering on the Website.

 

The User may at any time access, correct or have his/her data deleted from the Controller’s database. To do so, he will need to contact the Processing Controller at the address listed in the “contact details” section of the present Charter, stating his name and exact address details (correct spelling). The Processor undertakes to remove this data from the list it shares with other companies or organizations.

Telephone communication. If the user provides the Processing Agent with his telephone number through the Website, he may receive a telephone call:

 

• From the Processor in order to provide him with information regarding future products, services or events;
• Of corporate groups and commercial partners with whom the Processor is contractually bound.

 

If the user does not wish to receive telephone calls (anymore), he can contact the Processing Manager at the address mentioned under the point ” contact details ” of the present Charter, stating his name and exact address details (correct spelling). The Processor undertakes to remove this data from the list it shares with other companies or organizations.

 

If the user communicates his GSM number to the Processor through the Website, he will only receive messages (SMS/MMS) from the Processor that are necessary to answer the user’s questions or to inform him about the orders he placed online.

 

Communication via email. If the user communicates to the Processing Agent his email address via the Website:

 

• he may receive emails from the Processor in order to provide him with information regarding future products, services or events (with direct marketing purposes), provided that the user has expressly agreed to this in order for him to already be a customer of the Processor and has communicated his email address to the Processor;
• may receive emails from groups of companies and from companies/organizations with which the Processing Controller is contractually affiliated, with direct marketing purposes, provided the User has expressly agreed to this.

 

If the User does not wish to receive such e-mails (anymore), he can contact the Processing Controller at the address mentioned under the point ” contact details ” of the present Charter, stating his name and exact address details (correct spelling).

 

The Processor undertakes to remove this data from the list it shares with other companies or organizations.

The Robinson List. If the user does not wish to receive e-mails or telephone calls (anymore) from any company registered on the Robinson list, he can use the Robinson service of the Belgian Direct Marketing Association:

 

– www.robinsonlist.be ;
– Toll-free phone number: 0800-91 887 ;
– By post : BDMA, Robinson List, Buro & Design Center, Esplanade du Heysel B46, 1020 Brussels.

Objections and complaints

 

The user may file an objection with the Belgian Commission for the Protection of Privacy at the following address:

Commission for the Protection of Privacy, Rue de la Press, 35, 1000 Brussels. Tel. + 32 2 274 48 00. Fax. + 32 2 274 48 35, commission@privacycommission.be.

 

The user may also file a complaint with the Court of First Instance of his place of residence.

 

For more information regarding complaints and possibilities of redress, the user is invited to consult the following address of the Belgian Commission for the Protection of Privacy:
https://www.privacycommission.be/de/node/19254

 

 

Contact details

 

For any question and/or complaint, in particular regarding the clarity and accessibility of the present Charter, the User may contact the Controller:

 

By email: info@gold-estates.be.
By post: Company 13, Moeistraat 20G in 9830 St-Martens-Latem.

Applicable law and competent courts

 

Current Charter is governed by Belgian law.

 

Any dispute relating to the interpretation or execution of this Charter shall be subject to Belgian law and shall fall under the exclusive jurisdiction of the courts of the judicial district of East Flanders.

Miscellaneous provisions

 

The Controller reserves the right to amend the provisions of the present Charter at any time. The amendments will be published with notification of their entry into force.

 

Present version of the Charter is dated 24/05/2018.