Personal data protection policy
As a customer or visitor to our website, we want to inform you, respect your rights, and allow you to control what happens to your personal data, in accordance with GDPR 2016/679 of April 27, 2016 relating to the protection of natural persons with regard to the processing of personal data (hereinafter, the "GDPR").
The purpose of this Privacy Protection Policy (hereinafter, the “Privacy Protection Policy” or the “Policy”) is therefore to inform all the persons concerned (hereinafter referred to as “ you ”or“ your ”), on the way in which BEMOOV (hereinafter referred to as“ we ”or“ our / our ”) collects and uses personal data in the course of its activities and on the means by which the person concerned has to control this use.
The concept of personal data (hereinafter, “Personal Data” or “Data”) means any information relating to an identified or identifiable person. A person is "identifiable" when he/she can be identified, directly or indirectly, in particular by reference to one or more elements specific to him/her.
2. Who is responsible for your data?
The entity responsible for processing your data is BEMOOV, commercial name of Roll&Co srl, whose registered office is at 15 Rue des Phlox 5100 Naninne – Belgium, registered under the company number VAT (BE)07453.808.866 RPM Namur and contactable via the website www.bemoov-bikes.com or by e-mail at email@example.com
4. What do we mean by “processing of Personal Data”?
By "processing of Personal Data", we mean any processing of data that can identify you as a natural person, namely:
- Your first name and last name
- Your address for delivery and/or billing of your orders for items sold by BEMOOV
- Your telephone number
- Your email address
- Your IP address, the name of cookies stored in your browser and the security information for your user account (with the understanding that we do not know your secure password)
By "processing" we mean the collection, recording, organization, storage, updating, modification, consultation, use, archiving, erasure, or permanent destruction of this data.
5. What personal data can we process?
5.1. PERSONAL DATA THAT YOU SHARE WITH US
We collect the Data that you transmit to us in the context of our activities, following the use of or subscription to our Services, the placing of an order, the subscription to a newsletter, the sending of a contact, the creation of a user account or simply voluntarily. Can this be done by telephone, in writing by post or electronically (for example, when you send us a letter or an e-mail)?
5.2. PERSONAL DATA OF NON-CUSTOMERS
Through various channels, for example contests, promotions/sales, our website or social networks, we may collect Personal Data about people who are not (yet) customers in order to offer these people the most relevant offer possible of our Services. In this context, we guarantee your right to information, and we contractually impose it - insofar as it is applicable - with your possible authorization required by law on third parties who would collect your data (for us) in this context.
6. For what purposes do we use this Personal Data?
6.1. PROPORTIONAL PROCESSING
We process personal data for different types of purposes. In each case, we only process data that is essential to achieve the intended processing purpose. Thus, we use Personal Data only when necessary:
- in connection with the preparation, execution or termination of our services;
- to comply with the legal or regulatory provisions to which we are subject; and/or
- to defend our legitimate interests, in which case we always take care to maintain a balance between these interests and respect for your privacy, in particular when dealing with a minor.
If the processing of your Personal Data is not essential for one of these three purposes, we always ask for your authorization to be able to process this data.
6.2. OUR PROCESSING ACTIVITIES
More specifically, we collect personal data for the following purposes:
- execution and management of contracts and customers, namely their administration, including accounting and tax, management of orders, monitoring of contracts and invoicing, response to customer requests (including those made using the online contact form);
- carrying out studies, statistics, maintenance and continuous improvement of our products, services, website, as well as personalization, creation of user profiles, optimization of general, commercial and marketing strategies, including the creation and management of user accounts, loyalty programs, targeted promotions, and others;
- navigation, user-friendliness and optimization of the website, its functionality and its space reserved for holders of user accounts;
- prospecting (direct marketing), such as sending advertisements, newsletters and information, invitations, in a targeted and/or non-targeted manner, by electronic means, sms, social networks and/or post, both on offers, promotions and / or activities of the company, with your consent and / or in the legitimate interest of the Company to promote its services to its customers;
- securing our products, services, website, and other applications ;
- compliance with any legislation applicable to our company;
7. How do we protect your Personal Data?
7.1. OUR TECHNICAL AND ORGANIZATIONAL MEASURES
We do everything to protect your personal data and your confidentiality against destruction, loss, unintentional modification, damage, accidental or unauthorized access or any other unauthorized processing of Personal Data.
Our employees have been trained to manage confidential data properly. In addition, we apply various technical measures to protect your personal data against unauthorized access and use, loss or theft, namely: password protection, hard disk encryption software, firewalls, antivirus, detection of intrusions and anomalies and access controls for our employees. In the event of a data leak with harmful consequences for your Personal Data, you are personally notified as a customer under the circumstances provided for by law.
Data management and storage software is continuously updated.
The number of BEMOOV employees with access to your personal information is limited and our employees are carefully selected. They only have access to your Personal Data to the extent that they need this information to perform their tasks properly.
7.2. WHERE IS YOUR PERSONAL DATA STORED
Your Personal Data is stored on computer servers located at our head office and on the hosting of the BEMOOV websites, in Belgium for the e-commerce site (Combell – data center in Brussels).
8. On what legal basis do we collect and process your Personal Data?
Personal Data is collected with your consent and because the execution of the contractual relationship that we have with you, or, where applicable, on the basis of the agreement given by any person who has completed one or more forms appearing on the site.
When said processing is not necessary for this contractual performance, it is then based on the legitimate interests of BEMOOV as a professional, that of information and monitoring of your files, management and prevention of fraud, ensuring efficiency to execute our contracts, provide our Services and comply with our legal obligations, identify the means allowing us to improve the services to our customers, protect our commercial, financial and economic interests.
9. Do we sell your Data to third parties or pass on your Data?
9.1. DATA TRANSFERS
We do not sell any Personal Data to third parties. We also do not transfer them to third parties, unless (if):
- This is necessary for the proper performance of the BEMOOV Services. We may be required to transmit certain personal data to third parties processing the data in the name and on behalf of BEMOOV (such as a database manager, an advertising agency, or any other service provider), to parties involved in your contract (such as suppliers, sub-contractors in connection with the performance of the Services), etc. Your Data is only transmitted for the sole purpose of achieving the purpose(s) declared by BEMOOV. Said Data is then transmitted to third parties for the sole purpose of carrying out the mission delegated to them by BEMOOV.
- There is a legal obligation, particularly with regard to the fight against money laundering.
- There is a legitimate interest for BEMOOV or the third party concerned.
- We will only pass on your personal data if your interest or your fundamental rights and freedoms do not override, and you will always be informed of this in full transparency (except in the case of legal exceptions). Thus, your personal data may, for example, be transmitted to partners, collection agencies and legal service providers, as well as to partners with whom we collaborate within the framework of a specific action.
9.2. INTERNATIONAL PROCESSING OF YOUR PERSONAL DATA
To the extent to which and whether Personal Data is processed outside the European Union, we ensure through contractual or other measures that such data enjoys an appropriate level of protection there, comparable to the protection it would enjoy in the European Union in accordance with European regulations.
10. Security measures in case of subcontracting
When Data processing must be carried out on our behalf, BEMOOV uses only subcontractors who offer sufficient guarantees as to the implementation of appropriate technical and organizational measures in such a way that the processing meets the requirements of this Policy and guarantees the protection of your rights.
11. How do you determine what Personal Data we may use for general information purposes and how?
11.1. BEMOOV PRIVACY SETTINGS
You have the option of determining the privacy settings for your Personal Data, by contacting us or via your personal user account available on our Site.
If technically you have the ability to determine the purposes for which we can collect and process your Data, in order to avoid any misunderstanding, we would like to specify that this limitation must nevertheless be assessed with regard to our legal obligations as well as the need to perform the BEMOOV Services.
11.2. UNSUBSCRIBE TO MARKETING COMMUNICATIONS
If you no longer wish to receive any form of commercial communication, you have the right to object, at any time, without reason, in whole or in part, to the use by BEMOOV of your Personal Data for direct marketing purposes. For this purpose, you just need to contact us:
- Either online, via your user account, or at the foot of the marketing notifications sent to you, by clicking on the "unsubscribe" link and/or by modifying your "preferences";
- Either by email at the address; Do we create a specific one, or firstname.lastname@example.org?
Please note: the fact that you no longer wish to receive communications of this type from us obviously does not prejudice our right to contact you electronically in the context of the performance of the Services or if the law obliges us to do so.
12. How long do we keep your Personal Data?
We cannot retain your Personal Data beyond the time necessary to fulfill the purpose of the initial collection. The retention period may therefore differ depending on the intended purpose:
- Compliance with our legal obligations: to meet our accounting and tax obligations, we are for example required to keep your billing data for a maximum of 7 years;
- Legal necessity: to keep certain data (in particular your contract, your invoices and your correspondence concerning complaints on this subject) as proof in the event of disputes, up to a maximum of 10 years after the termination of the BEMOOV Services.
However, this archived data has very limited access.
At the end of the applicable retention periods, the Personal Data is deleted or made anonymous.
13. What are your privacy rights and how can you exercise them?
13.1. OVERVIEW OF YOUR PRIVACY RIGHTS
YOUR RIGHT OF ACCESS
You have the right to ask us at any time whether we are processing your Personal Data and, if we are processing it, to access such Data and to receive additional information concerning:
- the purposes for which we process it;
- the relevant categories of personal data ;
- recipients or categories of recipients (including recipients in third countries);
- if possible, the retention period or, if not possible, the criteria for determining this period;
- the existence of your privacy rights;
- the right to lodge a complaint with the supervisory authority;
- the information we have about the source of the data if we obtain personal data via a third party; and
- the existence of an automatic tacit agreement process.
You also have the right to obtain a free copy of the processed data, in an understandable form.
YOUR RIGHT TO RECTIFICATION OF YOUR PERSONAL DATA
You have the right to have incomplete, erroneous, inadequate or outdated Personal Data corrected immediately, either online via your user account by making the necessary changes yourself, or by contacting us directly at the e-mail address email@example.com.
To keep your data up to date, we kindly ask you to notify us of any changes, such as change of address, changing your e-mail address or changing your identity card.
YOUR RIGHT TO ERASE DATA (THE “RIGHT TO BE FORGOTTEN”)
You have the right, in the following cases, to have your Personal Data erased/deleted:
- your Personal Data is no longer necessary to achieve the purposes for which it was collected or otherwise processed by BEMOOV;
- you have withdrawn your consent to the processing and there is no other legal basis for the processing on the part of BEMOOV;
- you have validly exercised your right to object and there is no other legal basis for the processing on the part of BEMOOV which overrides;
- your Personal Data has been unlawfully processed;
- your Personal Data must be erased to comply with a legal obligation;
- your Personal Data was collected while you were still a minor.
Please take into account that we cannot always delete all the Personal Data requested, for example when their processing is essential for the establishment, exercise or defense of legal claims or because we are legally obliged to do so. We will provide you with more information about this in our response to your request.
YOUR RIGHT TO RESTRICT PROCESSING
You have the right to restrict the processing of your Personal Data if one of the following applies:
- you contest the accuracy of the Personal Data: its use is then limited for a period allowing BEMOOV to check the accuracy of the Data;
- the processing of your Data is unlawful: instead of requesting the deletion of your Data, you request that its use be limited;
- BEMOOV no longer needs your Data for the initial purposes of the processing, but you need it for the recognition, exercise or defense of legal rights: instead of requesting the deletion of the Data, its use is limited to the establishment, exercise or defense of legal rights;
- as long as no decision has been taken regarding the exercise of your right to object to processing, you request the limitation of the use of your Personal Data.
YOUR RIGHT TO DATA PORTABILITY
You have the right to "recover" your Personal Data, for example to be able to change providers more easily. This is only possible for Personal Data that you have provided to BEMOOV yourself, having given an authorization or entrusted the Service to BEMOOV. In all other cases, you cannot therefore benefit from this right (for example, when the processing of your data occurs on the basis of a legal obligation).
Two aspects are linked to this right:
- you can ask BEMOOV to retrieve the Personal Data concerned in a structured, commonly used and machine-readable format; and
- you can ask BEMOOV to transmit the Personal Data concerned directly to another controller. In this context, you are personally responsible for the accuracy and security of the (e-mail) address you provide for the transfer. BEMOOV has the right to refuse your request if the transfer is technically impossible.
YOUR RIGHT TO OBJECT TO THE PROCESSING OF YOUR PERSONAL DATA
You have the right to oppose the processing of your Personal Data when the processing falls within the framework of the legitimate interest of BEMOOV or within the framework of the general interest. BEMOOV will suspend the processing of your Personal Data, unless BEMOOV can demonstrate that there are legitimate and compelling reasons for the processing which prevail over yours or if the processing of the Personal Data is linked to the observation, exercise, or defense of legal rights (for example, filing a claim in court).
YOUR RIGHT TO WITHDRAW YOUR CONSENT
You can withdraw your consent to the processing of your Personal Data at any time. The withdrawal of your consent does not affect the validity of the processing operations prior to the withdrawal.
13.2. In practice
HOW CAN I EXERCISE MY PRIVACY RIGHTS?
You can send us an e-mail at firstname.lastname@example.org.
In order to exercise your right of access and to avoid any unlawful publication of your Personal Data, we need to verify your identity. In case of doubt or inaccuracy, we will first ask you for additional information (preferably a copy of the front of your identity card).
ARE THERE ANY FEES?
You can exercise your privacy rights free of charge, unless your request is manifestly unfounded or exaggerated, in particular because of its repetitive nature. In this case, we have the right and the choice - in accordance with the legislation relating to the protection of privacy - (i) to charge you reasonable compensation (taking into account the administrative costs associated with the provision of the information or the communication requested and the costs associated with taking the requested action), or (ii) to refuse to comply with your request.
IN WHAT FORMAT WILL I RECEIVE A RESPONSE?
If you submit your request electronically, the information will be transmitted electronically, if possible, unless your request stipulates otherwise. In any case, we will send you a concise, transparent, understandable, and easily accessible answer.
WHEN WILL I RECEIVE A RESPONSE?
We will respond as soon as possible to your request, and in any case within one month of receiving your request. Depending on the complexity of the requests and their number, this period may, if necessary, be extended by two months. In the event of an extension of the deadline, we will inform you within one month of receipt of the request.
WHAT CAN I DO IF BEMOOV DOES NOT ACCEPT MY REQUEST?
We will always inform you in our response about the possibility of lodging a complaint with the supervisory authority and of appealing to a legal authority.
14. Ask BEMOOV questions
15. Stay informed regarding updates
In such cases, we will voluntarily notify you of any changes to this Policy and/or (new) processing activities.
16. Supervisory authority
For complaints relating to the processing of your personal data, you can contact the Data Protection Authority, rue de la Presse 35, 1000 Brussels / +32 (0)2 274 48 00 / contact@apd-gba .be / www.dataprotectionauthority.be