Privacy policy

The website http://www.jellyjazz.be (hereafter: the “Website”) is an initiative of:

BVBA JELLY JAZZ LEUVEN (hereafter: “JELLY JAZZ ”, “We” and “Us”)

Steenstraat 45

8000 Brugge

Belgium

VAT BE 0889.879.384

E-mail: [email protected]

Phone: 0032 3 353 89 67

Feel free to contact us should you have any privacy-related questions. We promise to reply soon!

1. Why this Privacy Policy?

Every person who visits the Website (hereafter: the “Visitor”) as well as every person who relies on our services (hereafter: the “Customer”) will in most cases disclose a certain amount of personal data. The personal data is information which allows JELLY JAZZ to identify you as a natural person, regardless of whether we actually do this. You are identifiable as soon as it is possible to create a direct or indirect link between one or more personal data and you as a natural person. The Visitor and the Customer are hereinafter also jointly referred to as the "Data Subject".

We only use and process your personal data in accordance with the GDPR and any replacement legislation, or any similar regulation under any applicable law, and any regulatory requirements or codes of practice governing the use, storage or transmission of personal data. Every reference in this Privacy Policy to the ‘GDPR’ is a reference to the Regulation of 27 April 2016 on the Protection of Natural Persons with regard to the Processing of Personal Data and on the Free Movement of such Data (General Data Protection Regulation).

Through this Privacy Policy, every Data Subject is informed of the processing activities JELLY JAZZ may carry out with his or her personal data. JELLY JAZZ reserves the right to modify this Privacy Policy at all times. Every substantial change will be clearly communicated towards the Data Subject. We advise the Data Subject to consult this document regularly.

2. Who is responsible for the processing of personal data?

2.1. Controller

JELLY JAZZ decides alone or in cooperation with others which personal data is being collected as well as the purposes and the technical and organisational means with regard to the processing of this personal data.  Consequently, JELLY JAZZ is a "data controller" within the meaning of the GDPR.

JELLY JAZZ has taken appropriate technical and organizational measures to protect the personal data of its Visitors and Customers. JELLY JAZZ uses various adequate security technologies and procedures to protect your personal data against unauthorized access, use or disclosure. JELLY JAZZ ensures that your personal data is stored safely in a controlled environment.

2.2. Processor(s)

JELLY JAZZ relies on carefully selected data processors for the processing of personal data of Visitors and Customers. A processor is a natural or legal person who processes personal data upon request and on behalf of the data controller. The processor is required to ensure the security and confidentiality of the data. The processor always acts on the instructions of the data controller.

JELLY JAZZ relies on the following categories of "processors":

• Companies we have engaged for ICT technical support and hosting purposes;
• Companies we have engaged for logistic purposes (e.g. delivery);
• Companies we have engaged for payment purposes.

3. On what legal grounds is your personal data processed?

In accordance with the GDPR we process personal data on the following legal grounds:

• On the basis of the execution of the contract agreed upon with the Customer or the execution of pre-contractual steps taken at the request of the Data Subject; or
• On the basis of compliance with legal or regulatory provisions with regard to the management of the contractual relationship with the Customer, invoicing in particular;
• On the basis of our legitimate interest in responding to information requests from Visitors and Customers;
• On the basis of our legitimate interest in sending promotional offers (direct marketing) to our Customers.

4. Which personal data is processed?

JELLY JAZZ commits to only collect and process your personal data in a way that is adequate, relevant and limited to what is necessary for the purposes for which they are processed.

How much and what personal information JELLY JAZZ collects about you depends on your use of the Website and/or of our services. The collection of personal data will be further expanded as more intensive use is made of our Website and our services. In general, Customers will provide more personal data than Visitors. The following categories of personal data are processed by JELLY JAZZ:

• Customers:
  • Personal identification data (name, first name, address, login details);
  • Contact details (telephone number and e-mail address);
  • Financial identification data (bank details);

This personal data is collected when the Customer places an order via our Website. Other personal data may be collected at a later date, for example in the context of our after-sales service.

• Visitors:
  • Personal identification data (name, first name, address, login details);
  • Contact details (telephone number and e-mail address);
  • Electronic identification data (cookies and IP address).

This personal data is collected when you visit our Website and, in particular, when you fill out and submit our contact form.

5. For which purposes is your personal data used?

The processing of your personal data is essential for the proper functioning of the Website and the provision of associated services. The collection of personal data becomes more extensive as the User makes more intensive use of our Website and our online services.

JELLY JAZZ commits to solely process your personal data for the following purposes:

• Customers:
  • Customer management: customer administration, order management, deliveries, invoicingsupport and complaint monitoring.
  • Marketing and advertising. In that case, the Customer is always entitled to unsubscribe.
• Visitors:
  • Answering requests for information submitted via the contact form on the Website;

The Data Subject's personal data may also be used for the following purposes:

• Dispute management.
• Protection against fraud and criminal offences.

We also use cookies in order to recognise the (IP address of) Visitors and to offer them a personalised user experience, to remember technical choices and to detect and correct any errors which might be present on the Website. For more information concerning the use of cookies, we kindly refer you to our Cookie Policy.

When visiting the Website, some data is being collected for statistical purposes. Such data is necessary to optimise your user experience. It concerns the following data: probable location of consultation, hour and day of the consultation and the pages which are being consulted, etc. In order to protect your privacy in the best possible way, this data is always anonymized.

Under no circumstances do we collect sensitive personal data, such as data about your race, political opinions, health, religious and other beliefs, sexual orientation or the like.

The Data Subject provides the personal data to JELLY JAZZ himself and therefore retains a certain degree of control. JELLY JAZZ reserves the right to suspend or cancel certain operations if the required personal data is missing, incorrect or incomplete.

6. Who receives your personal data?

Your personal data will only be processed for internal use within JELLY JAZZ. Your personal data will not be sold, passed on or communicated to third parties, unless you have given us your explicit consent beforehand, or if the transmission is necessary for the execution of the agreement or is legally required.

7. How long do we store your personal data?

The personal data of the Data Subject is stored as long as necessary to achieve the purposes pursued. The personal data the Data Subject will be erased from our database as soon as it is no longer necessary for the purposes pursued or if the Data Subject validly exercises his/her right to erasure.

8. What are your rights?

8.1 Guarantee of a legitimate and secure process of your personal data

Your personal data is solely processed for the legitimate purposes explained in point 5. Your personal is collected and processed in an appropriate, relevant and non-excessive manner, and is not kept longer than necessary to achieve the intended purposes.

8.2 Right to access

If you can prove your identity, you have the right to obtain information about the processing of your personal data. Thus, you have the right to know the purposes of the processing, the categories of personal data concerned, the categories of recipients to whom the personal data is transmitted, the criteria used to determine the data retention period, and the rights that you can exercise on your personal data.

8.3 Right to rectification of your personal data

Inaccurate or incomplete personal data may be corrected. You can always request us in writing to do so.

8.4 Right to erasure (or “right to be forgotten”)

You also have the right to obtain the erasure of your personal data under the following assumptions:

• Your personal data is no longer necessary for the intended purposes;
• You withdraw your consent to the processing and there is no other legal ground for processing;
• You have validly exercised your right of opposition;
• Your personal data has been illegally processed;
• Your personal data must be deleted to comply with a legal obligation.

The deletion of personal data is mainly related to visibility; it is possible that the deleted data is still temporarily stored.

8.5 Right to limitation of processing

In certain cases, you have the right to request the limitation of the processing of your personal data, especially in case of dispute as to the accuracy of the data, if the personal data is necessary in the context of legal proceedings or the time required to JELLY JAZZ to verify that you can validly exercise your right to erasure.

8.6 Right to object

You have the right to object at any time to the processing of your personal data for 'direct marketing', profiling or other purposes arising from our legitimate interest as a data controller. JELLY JAZZ will stop processing your personal data unless it can demonstrate that there are compelling legitimate reasons for the processing which prevail over your right to object.

8.7 Right to data portability

You have the right to obtain any personal data which you have provided us in a structured, commonly used and machine readable format. At your request, this data may be transferred to another provider unless it is technically impossible.

9. How to exercise your rights?

If you wish to exercise your rights, you must send a written request and proof of identity by registered mail to JELLY JAZZ, Jelly Jazz Leuven BVBA, Steenstraat 45, 8000 Brugge, Belgium or by email to [email protected]. We will respond as soon as possible, and no later than one (1) month after receipt of the request.

10. Possibility to lodge a complaint

If you have any comments or complaints about the way in which we handle your personal data, we ask you to report them to us first. In this way, we can reach an amicable solution by mutual agreement.

If, after this notification, you are still not satisfied with the processing of your personal data by JELLY JAZZ, you have the right to lodge a complaint with the competent Data Protection Authority (for Belgium: https://www.dataprotectionauthority.be/).

© 2018 deJuristen IT law and Intellectual Property (http://www.ictrecht.be). The offered information is protected under copyright legislation, which means that this information may not be reproduced or distributed without the previous and written permission of deJuristen ([email protected]). deJuristen thus retains all relevant intellectual property rights.