Legal terms
Privacy Policy - Product
Revised 3 February 2020
1. Introduction
This Privacy Statement (the “Statement”) applies to the products, software and platform (the “Software”), owned, operated and/or provided by:
Datylon BV
Lange Gasthuisstraat 29-31, box 6
2000 Antwerp, Belgium
Enterprise number: 0521.941.360
hereinafter “Datylon”, “we” or “us”
Datylon deems the protection of privacy of the utmost importance and wishes to enable you – as user of its Software – to maintain full control over what happens to your Personal Data and your privacy and to inform you accordingly.
All capitalized terms that are not defined in this Statement shall have the meanings as ascribed to them in Regulation (EU) 2016/679 of the European Parliament and of the Council 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 (“GDPR”).
Your Personal Data and your privacy are protected by Datylon in accordance with Belgian and European legislation on data protection. Please read this Statement very carefully. The following describes not only your rights, but also the way in which you can exercise these rights.
By using our Software, disclosing your Personal Data, or accepting this Statement, you acknowledge the manner in which Datylon collects and Processes your Personal Data as described in this Statement.
2. Who Processes your Personal Data and how can you contact us?
Datylon shall as the case may be act as a Data Controller or Data Processor in respect of your Personal Data processed through the Software.
Datylon has appointed a Privacy Officer, whom you can always contact for questions about your privacy and the Processing of your Personal Data. The Privacy Officer can be reached at:
Datylon BV
Lange Gasthuisstraat 29,
B-2000 Antwerp
Belgium
Privacy Officer: Peter Coppens (DPO@datylon.com)
3. What Personal Data are collected and Processed?
Datylon Processes different types of Personal Data, depending on the services you use on the Software and as relevant. The following Personal Data might be Processed by Datylon when using the Software:
Account information: name, email address, avatar/profile picture
Cookies: Via Cookies we might process information related to browsing behavior, date when the Software was visited, surfing behavior etc. For more information, reference is made to our Cookie Policy.
4. What are the purposes and principles of the Processing of your Personal Data?
Where Personal Data of a third party are disclosed via the Software or with a view to use the Software, the person communicating the Personal Data guarantees that he or she has informed that third party and that he or she has received all necessary consents to communicate the third party's Personal Data.
The purpose and principles of the Processing of your Personal Data mainly depends on the category of Personal Data concerned. Below you will find an overview of the purpose and principles of the various Personal Data that we Process.
Account Information
Purpose: Personal Data is being processed to be able to create your personal account on the Software and for sending you updates related to our services
Grounds for Processing: Execution of the agreement, legitimate interest
Cookies
For more information, reference is made to our Cookie Policy.
Below we describe the applicable legal grounds on which Datylon processes Personal Data in detail:
Execution of the agreement as a legal basis for the lawfulness of Processing is justified in respect to the Account Information we are processing as we use this information to activate your user account and to make sure you can properly use our Software.
Legitimate interest as a legal basis for the lawfulness of Processing is justified with regard to the Cookies Datylon is using. The data is collected to improve your user experience, the Software and Datylon’s products and services. The fact that Datylon Processes such Personal Data also benefits you as a user of the Software. Moreover, such Processing of Personal Data shall not create a risk to the fundamental rights and freedoms of you as a user of the Software or any other users of the Software.
The above reasons may not be exhaustive, and Datylon may at any time Process your Personal Data for any other legitimate reason. In such cases, Datylon will notify you as soon as possible of the reason. Updates of this Statement may constitute such a notification.
5. Receiving and sharing Personal Data
Datylon receives your Personal Data in cases as and when:
- when you use the Software;
- when you visit the Software
- when you visit content hosted by the Software but embedded in 3rd party websites or applications
Datylon will always share your Personal Data in a minimal way. However, to be able to follow through on your request or action on our Software, Datylon may sometimes need to share Personal Data with third parties.
Processors and Subprocessors of Datylon always act under the responsibility of Datylon. If Datylon contracts Processors or Subprocessors, this will always be done in accordance with a Data Processing Agreement that meets the requirements of the GDPR and that protects your Personal Data as well as possible.
Datylon may share your Personal Data with third parties and subprocessors, for storing and Processing your Personal Data, responding to your queries, sending content to you, host the Software, and for optimizing our Software.
Your Personal Data may be shared or transferred to the following entities:
Amazon Web Services, Inc USA. Reason: Hosting the Software
Hubspot USA. Reason: Optimizing the Software, statistical purposes, customer communication
Heap Analytics, USA. Reason: Optimizing the Software, statistical purposes
Sendgrid USA. Reason: Statistical purposes, customer communication
Sentry, USA. Reason: Optimizing the Software, statistical purposes
Google Analytics, USA. Reason: Optimizing the Software, statistical purposes
This list will evolve and will be updated from time to time.
If you are directed to another application, platform or website through the Software, other terms and conditions and other privacy and cookie policies may apply. You should take into account any such terms and conditions and privacy and cookie policies of such applications, platforms and websites. We encourage you to read these terms and conditions and privacy and cookie policies of the other applications, platforms and websites you visit.
6. Transfer of Personal Data to countries outside the European Economic Area (EEA)
Your Personal Data can for specific reasons be transferred to countries outside the EEA. Datylon shall 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, adequacy decisions, etc.).
7. How will my Personal Data be retained?
Datylon applies the following retention periods to your Personal Data.
Account information: Until deletion of the account.
Cookies: For more information, reference is made to our Cookie Policy
8. How are my Personal Data safeguarded?
Datylon has developed appropriate technical and organizational measures, safeguards and assurances to Process your Personal Data in accordance with applicable Belgian and European regulations, in particular to protect your Personal Data against loss, misuse, or unauthorized alteration. Datylon maintains a team of technicians, automated systems, and advanced technologies,
- Organizational measures
- Security and risk plan
- Security policy
- Adequate employee awareness and training
- Disclosure procedure
- Information classification
- Disciplinary measures in case of non-compliance of these measures
- Disaster recovery plan
- Business continuity plan
- Technical measures
- Back-up system(s)
- Adequate data encryption
- Physical and logical access control
- Authentication and authorization systems
- Password policy
- Logging & intrusion detection
Datylon makes all reasonable and appropriate efforts to protect the confidentiality of your Personal Data.
Despite the above measures taken by Datylon, you should be aware that there are always risks associated with sending Personal Data over the Internet. The security and protection of your Personal Data can never be fully guaranteed.
9. What rights do I have?
If and in as far as provided for in the applicable Belgian and European legislation, you have the right, when Datylon acts as a Data Controller:
a) to receive confirmation as to whether Datylon Processes your Personal Data and, where this is the case, to access the Personal Data that Datylon Processes;
b) to corrections by Datylon, without undue delay, of any inaccurate or incomplete Personal Data;
c) to have your Personal Data deleted by Datylon;
d) to obtain your Personal Data and to transfer them to another Controller or Processor;
e) to obtain a limitation of the Processing of your Personal Data from Datylon, to the extent possible subject to applicable Belgian and European regulations;
f) to receive your Personal Data in a structured, common and machine-readable format;
g) to prevent the Processing of your Personal Data and the use of your Personal Data for direct marketing purposes.
In case Datylon acts as a Data Processor you can exercise the above mentioned right via the Data Controller.
For more information, please contact our Privacy Officer.
If and to the extent provided for in the applicable Belgian and European legislation, you have the right to file a complaint with the competent supervisory authority should the Processing of your Personal Data violate the applicable regulations. In Belgium, this is the Data Protection Authority (“Gegevensbeschermingsautoriteit”) https://www.dataprotectionauthority.be.
10. Amendments to this Statement
Datylon may amend this Statement at any time. The date of the most recent version is shown in the top right-hand corner of the Statement. Amendments are posted on the Software to keep you informed at all times of the information that Datylon collects and of how it uses and shares this information.
Amended versions of this Statement take effect ten (10) days after their publication on the Software. Where required they will always be submitted for approval.
11. Consent for disclosure
You acknowledge that we may disclose your Personal Data if this is required by law, or if Datylon determines in good faith that such disclosure is required in order:
a) to comply with any pending judicial inquiry, judicial order or litigation pertaining to the Software;
b) to respond to claims against Datylon regarding Personal Data that violate any rights of third parties;
c) to safeguard the rights, property and safety of Datylon, its employees, users, and the general public.
Datylon may disclose your Personal Data to competent police or judicial authorities or other official government authorities if Datylon deems this useful or necessary, in its sole discretion, for the investigation of fraud, intellectual property infringement or any other harmful activity, or if Datylon reasonably suspects that such activity may expose Datylon or you to any liability.