Legal terms

Privacy Policy - Website

Revised 3 February 2020

1. Introduction and scope

This Privacy Statement (the "Statement") applies to the website https://datylon.com/ (the "Website"), owned and operated by: 

Datylon BV

Lange Gasthuisstraat 29-31, box 6

2000 Antwerp, Belgium

Business Number: 0521.941.360

hereinafter “Datylon”, “we” or “us”

The Website is hosted by: Amazon Web Services, Inc

Datylon deems the protection of privacy of the utmost importance and wishes to enable you – as a visitor of its Website – 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 and repealing Directive 95/46/EC (“General Data Protection Regulation” or “GDPR”).

Your Personal Data and your privacy are protected by Datylon in accordance with Belgian and European regulations on the protection of privacy. 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 visiting our Website, disclosing your Personal Data, or accepting this Statement, you expressly consent to 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 is responsible for the Processing of the Personal Data that you provide through the Website.

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: Leenke De Donder, email: 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 Website and as relevant. The following Personal Data might be Processed by Datylon:

Contact information: Personal Data such as name, address, e-mail address, etc.

History and logs: Personal Data such as searches carried out on the Website, browsing behavior, date and time when the Website was visited, etc.

Technical information: Personal Data such as data from computers, telephones or other devices on which you use the Website, your IP address, browser type, etc.

Cookies: For more information, a reference is made to our Cookie Policy.

Where Personal Data of a third party are disclosed via the Website or with a view to using the Website, the person communicating the Personal Data guarantees that he has informed that third party and that he has received all necessary consents to communicate the third party's Personal Data.

4. What are the purposes and principles of the Processing of your Personal Data?

The purpose and principles of the Processing of your Personal Data mainly depend 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.

Contact information

Purpose: Personal Data is being processed for answering questions when you complete the contact form available on the Website.

Grounds for Processing: Legitimate interest

History and logs

Purpose: Personal Data is being processed for statistical purposes.

Grounds for Processing: Legitimate interest

Technical information

Purpose: Personal Data is being processed for statistical purposes.

Grounds for Processing: Legitimate interest

Cookies

For more information, reference is made to our Cookie Policy.

Legitimate interest as a legal basis for the lawfulness of Processing is justified with regard to the contact information to respond to your questions. Also Legitimate interest as a legal basis for the lawfulness of Processing is justified with regard to the Cookies, history and log data, and technical information Datylon is using. The data is collected to improve your user experience, the Website, and Datylon’s product and services. The fact that Datylon Processes this Personal Data also benefits you as a visitor of the Website. Moreover, such Processing of Personal Data shall not create a risk to the fundamental rights and freedoms of you as a visitor of the Website or any other visitors of the Website.

The consent you provide is always free, and you have the right to withdraw this consent at any time. Withdrawal of consent does not affect the Processing of Personal Data (i) prior to such withdrawal, (ii) based on a legitimate ground for Processing Personal Data, and (iii) in case of a legitimate interest of the Processing.

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:

• You visit the Website;
• You complete the contact form on the Website

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 Website, 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 Processor 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, for storing and Processing your Personal Data, responding to your queries, sending content to you, and for optimizing our Website.

Datylon will never share or sell your Personal Data with or to commercial enterprises.

If you are directed to another application, platform or website through the Website, 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 the privacy and cookie policies of the other applications, platforms and websites you visit.

6. Direct Marketing 

Datylon will use your Personal Data for direct marketing purposes. It is possible that your Personal Data will be subject to profiling for marketing purposes. This enables Datylon to keep you informed about its products, updates, events, etc. You give your explicit consent for this, but you may at any time withdraw this consent and object to the Processing of your Personal Data for direct marketing purposes, including profiling, to the extent that it is related to such direct marketing (free of charge).

7. Transfer of Personal Data to countries outside the European Economic Area (EEA)

Datylon will transfer your Personal Data to countries outside the EEA (e.g. to the USA). Should less strict protection for Personal Data apply in a specific country than within the EEA, Datylon shall take appropriate safeguards to ensure that the same level of protection for your Personal Data is achieved as the level of protection granted by the GDPR (e.g. by concluding an international data transfer agreement with the Processor or Subprocessor located in a country outside the EEA or any other appropriate safeguards).

8. How will my Personal Data be retained?

Datylon applies the following retention periods for your Personal Data 

Contact information

Maximum 3 years after submission of your Personal Data on our Website, or longer retention if and as long as Datylon has a legitimate interest.

History and logs

Maximum 3 years after submission of your Personal Data on our Website, or a longer retention period if and as long as Datylon has a legitimate interest.

Technical information

Maximum 3 years after submission of your Personal Data on our Website, or a longer retention period if and as long as Datylon has a legitimate interest.

Cookies

For more information, reference is made to our Cookie Policy.

Datylon retains your Personal Data in its own databases and/or in the databases of its Processors or Subprocessors. You may ask Datylon to provide a copy of the list of these Processors and Subprocessors at any time.

9. 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, such as:

• Organizational measures
  • Security and risk plan
  • Security policy
  • Adequate employee awareness and training
  • Disclosure procedure
  • Information classification
  • Disciplinary measures in case of non-compliance with 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.

10. What rights do I enjoy?

If and in as far as provided for in the applicable Belgian and European regulations, you have the right:

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 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.

You may exercise these rights by contacting the Privacy Officer and providing him or her with a copy of your identity card (e.g. no identification number may be visible).

If and to the extent provided for in the applicable Belgian and European regulations, 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.

11. 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 Website 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 Website. Where required they will always be submitted for approval.

12. Consent for disclosure

You acknowledge, confirm, and expressly consent 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 Website;

b) to compel observance of the general terms and conditions of Datylon;

c) to respond to claims against Datylon regarding Personal Data that violate any rights of third parties;

d) 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.

13. Liability

If Datylon has legitimately transmitted your Personal Data to a third party (not being a Processor or Subprocessor), Datylon shall not be liable for any unlawful Processing or unlawful use by that third party.

Under no circumstances does Datylon accept responsibility for any direct or indirect damage resulting from faulty or unlawful use of the Personal Data by a third party (not being a Processor or Subprocessor).

Datylon is also not liable when third parties Process or use your Personal Data illegitimately and Datylon has taken the appropriate technical and organizational measures to go against such illegitimate Processing or use.

Datylon is in any case only liable for the damage caused by Processing of Personal Data if it did not comply with its specific obligations of GDPR. Datylon shall in no event be liable for any special, incidental, indirect or consequential losses or damages.

14. Applicable law and competence clause

This Statement shall be governed, interpreted, and implemented in accordance with Belgian law, which applies exclusively in the event of any dispute.

The Courts of Antwerp, division Antwerp are exclusively competent to decide on any dispute that may arise from the interpretation or implementation of this Statement, without prejudice to the consumer’s right to present a dispute before the competent court on the basis of a mandatory statutory provision.