1.Who we are
1.1“We”, “us” or “our” means Prospect – Die Stijl Comm.V., with its registered office at Nachtegaalstraat 5, 9040 Gent, Belgium and with company number BE 0644.755.238. We act as controller for the personal data we gather through your use of our website.
(a) Via-mail: email@example.com, to the attention of our Privacy Officer;
(b) By post: to Privacy Officer, Nachtegaalstraat 5, 9040 Gent, Belgium.
2.How we use and collect your personal data
2.1Personal data is defined as any information relating to an identified or identifiable natural person. Identifiable refers to identifiers (such as name, identification number, location data, etc.), that can be used to directly or indirectly identify a natural person.
2.2The personal data we collect, is collected and used for the purposes as listed hereunder:
(a)In the event you contact us via our e-mail address firstname.lastname@example.org, as provided on our website, we will use your personal data in order to reply to your query, via e-mail.
(b)In the event you create a profile on our website or you provide us with transaction data, we collect your personal information in order to save such information, to make a payment for the purchase of your goods and/or services, to provide you with our services and permit us to send you your orders or to contact you. In such case, we may transfer your personal data to a third party for the sole purpose of the order and delivery of the products.
(c)In the event you register for our newsletter, your e-mail address will be used in order to send you our newsletters, including information relating to events, promotions etc. that we have and that might be of interest to you.
(d)We process your personal data for the purpose of supporting the website and enhancing your user experience, which includes ensuring the security, availability, performance, capacity and health of the website.
(e)We process your personal data to enforce or exercise any rights that are available to us based on the applicable law, such as use for the establishment, exercise or defense of legal claims. We may also use your personal data to fulfil our obligations as set out by the applicable law.
2.3 The following categories of personal data can be distinguished:
(a)Profile data: If you create an account on our website, we collect the following personal data: name, telephone number, e-mail address, address, payment information (such as credit or debit card number or pay pal information). This is information that is provided directly by you.
(b)Newsletter or e-mail query: If you register for our newsletter or you send us a question via e-mail, you will be asked to provide your e-mail address. If you send us an e-mail, this e-mail may also contain personal data, e.g. profile data in relation to an order. Please do not provide any credit or debit card numbers in the e-mail. This is information provided directly by you.
(d)Transaction data: We collect personal data relating to transactions that you make through the website, including your “profile data” and the goods and/or services purchased. This is personal data provided directly by you.
2.4The legal basis for processing of personal data pursuant to clause 2.2(a) may be that it is necessary for the performance of the contract, in case the e-mail query pertains to an order, or our legitimate interest, in case it pertains to something other than an order.
2.5The legal basis for the processing of your profile and transaction data is that we need such personal data in order to deliver the products to you (necessary for the performance of a contract), as set out in clause 2.2(b).
2.6The legal basis for the processing of your personal data is your active consent with regard to your subscription to our newsletter and communications, as set out in clause 2.2(c).
2.7The legal basis for the processing of usage data and personal data relating to enforcement or exercise of rights is our legitimate interest, namely ensuring that our website works properly and securely and that your user-experience is optimized, as set out in clause 2.2(d) and 2.2(e).
2.8In the event the legal basis for the processing of your personal data is consent, you will, at all times, have the right to withdraw your consent. This will, however, not affect the lawfulness of any processing done prior to the withdrawal of consent.
2.10Your personal information will solely be used for the purposes as set out in article 2.2.
3.Retention of your data and deletion
3.1Your personal information will not be kept for longer than is necessary for a specific purpose.
3.2In the event you withdraw your consent or you object to our use of your personal data, and such objection is successful, we will remove your personal data from our databases. Please note that we will retain the personal data necessary to ensure your preferences are respected in the future.
3.3The foregoing will, however, not prevent us from retaining any personal data if this is necessary to comply with our legal obligations, in order to file a legal claim or defend ourselves against a legal claim, or for evidential purposes.
4.1This article lists your principal rights under data protection law. We have tried to summarize them for you in a clear and legible way.
The right to access
4.4You have the right to receive from us a copy of your personal data we have in our possession, provided that this does not adversely affect the rights and freedoms of others. The first copy will be provided free of charge, but we reserve the right to charge a reasonable fee if you request further copies.
The right to rectification
4.5 If the personal data we hold about you is inaccurate or incomplete, you have the right to have this information rectified or, taking into account the purposes of the processing, completed.
The right to erasure (right to be forgotten)
4.6In some circumstances, you have the right to the erasure of your personal data without undue delay. Those circumstances include:
(a) The personal data are no longer needed in relation to the purposes for which they were collected or otherwise processed;
(b) You withdraw your consent, and no other lawful ground exists;
(c) The processing is for direct marketing purposes;
(d) The personal data have been unlawfully processed; or,
(e) Erasure is necessary for compliance with EU law or Belgian law.
4.7There are certain exclusions to the right to erasure. Those exclusions include where processing is necessary,
(a) for exercising the right of freedom of expression and information;
(b) for compliance with a legal obligation; or,
(c) for the establishment, exercise or defense of legal claims.
The right to restrict processing;
4.8 You have the right to restrict the processing of your personal data (meaning that the personal data may only be stored by us and may only be used for limited purposes), if:
(a) You contest the accuracy of the personal data (and only for as long as it takes to verify that accuracy);
(b) The processing is unlawful and you request restriction (as opposed to exercising the right to erasure);
(c) We no longer need the personal data for the purposes of our processing, but you require personal data for the establishment, exercise or defense of legal claims; or,
(d)You have objected to processing, pending the verification of that objection.
4.9In addition to our right to store your personal data, we may still otherwise process it but only:
(a) with your consent;
(b) for the establishment, exercise or defense of legal claims;
(c) for the protection of the rights of another natural or legal person; or,
(d) for reasons of important public interest.
4.10We will inform you before we lift the restriction of processing.
The right to data portability
4.11 To the extent that the legal basis for our processing of your personal data is consent, and such processing is carried out by automated means, you have the right to receive your personal data from us in a structured, commonly used and machine-readable format. However, this right does not apply where it would adversely affect the rights and freedoms of others.
4.12You also have the right to have your personal data transferred directly to another company, if this is technically possible, and/or to store your personal data for further personal use on a private device.
The right to object to processing
4.13You have the right to object to the processing of your personal data on grounds relating to your particular situation, but only to the extent that the legal basis for the processing is that the processing is necessary for:
(a) The performance of a task carried out in the public interest or in the exercise of any official authority vested in us;
(b)The purposes of the legitimate interests pursued by us or by a third party.
4.14If you make such an objection, we will cease to process the personal information unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing is for the establishment, exercise or defense of legal claims.
4.15You have the right to object to our processing of your personal data for direct marketing purposes (including profiling for direct marketing purposes). If you make such an objection, we will cease to process your personal data for this purpose.
The right to complain to a supervisory authority
4.16If you consider that our processing of your personal information infringes data protection laws, you have a legal right to lodge a complaint with a supervisory authority responsible for data protection. You may do so in the EU member state of your habitual residence, your place of work or the place of the alleged infringement. In Belgium, you can submit a complaint to the Privacy Commission, Drukpersstraat 35, 1000 Brussel (email@example.com),https://www.privacycommission.be/nl/contact.
5.Providing your personal data to others
5.1 In order to provide you with our website, we work with service providers to process and store your personal information. We use the following categories of service providers:
(a)Service providers that help us operate our website (e.g. financial partners, our hosting and maintenance partner).
(b)Service providers that we enlist to execute your order and deliver the products to you.
5.3We may also disclose your personal data in the event such disclosure is required or necessary in order to fulfil a legal obligation. We may also disclose personal data in order to protect your vital interests or the vital interest of another natural person.
5.4As such, we do not disclose your personal data to our social media partners. We do, however, make use of social media plugins to direct you to our social media channels and to allow you to interact with our content. These social media channels are Facebook and Instagram. In the event you click such link, such social media service provider may collect personal data about you and may link this information to your existing profile on such social media.
5.5We are not responsible for the use of your personal data by such social media service provider. In such case, the social media service provider will act as controller. For your information only, we have included the relevant links (these may be changed from time to time by the relevant service provider):
(a) Facebook: http://facebook.com/about/privacy;
(b) Instagram: https://help.instagram.com/155833707900388;
6.1As we make use of Shopify, your personal data is processed by Shopify International Ltd. (Ireland) and is stored within the European Economic Area. It is, however, possible that personal data may be transferred to other regions, such as Canada and the United States.
6.2Shopify makes use of the EU-U.S. Privacy Shield for the transfer of personal data between the European Economic Area and the US and has closed several inter-company agreements between the various affiliates to ensure that your personal information is processed safely.
6.3We also transfer your profile data (name, address) to suppliers outside of the European Economic Area in order for such suppliers to send you your order. We have concluded Standard Contractual Clauses with such suppliers in order to properly safeguard your personal data.