PRIVACY POLICY

 PRIVACY POLICY – THE CELLO COMPANY 

  1. GENERAL  

The website https://thecellocompany.com (hereinafter, the “website”) is provided by: The Cello Company, Gentsesteenweg 486, 1080 Sint-Jans-Molenbeek  company registration number: BE0735.885.253,  hereinafter referred to as The Cello Company.  

The Cello Company respects the privacy of its customers, prospects and users of the website (hereinafter: “you” and “your”). 

The Cello Company processes personal data transmitted in accordance with the legislation in force, and in particular Regulation 2016/679 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, applicable as of 25 May 2018 (hereinafter the “GDPR”). 

Personal data are all data that can be traced back to a person, a so-called data subject. A data subject can be a prospect, a customer, a website visitor, a business partner (hereafter a “partner”), a supplier or any other person whose personal data are processed. 

Access to the Website and/or the purchase of the Products (as defined below) implies your acceptance of this Privacy Policy (hereinafter the “Privacy Policy”) and the Cookie Declaration (hereinafter the “Cookie Declaration”). You allow The Cello Company, in accordance with the provisions of the Privacy Policy, to process your personal data that The Cello Company receives from you through the website, social media, during contact moments or otherwise in connection with the sale of The Cello Company’s products (hereinafter the “Cello’s” or the “Products”). In principle, The Cello Company obtains your personal data directly from you. However, if you choose to register via a social media account (e.g. Facebook), these data are collected via your social media profile. In that case, The Cello Company advises you to consult the privacy policy of your social media service provider to find out which data are processed by them when you use the social media registration function. 

The Privacy Policy applies to all pages hosted on the website and all company pages managed by The Cello Company on social networks. The website may contain links to other third party websites. Although The Cello Company only attempts to provide links to websites that share its high data protection standards, The Cello Company is not responsible for the content and data protection policies of these websites. When you click on links to third party websites, it is advisable to read the privacy statements of the websites concerned before disclosing any personal data. 

Any questions or requests regarding the processing of these data may be directed to the following address: info@thecellocompany.com. 

2.CONTROLLER OF PERSONAL DATA 

The Cello Company is the controller for processing your personal data and determines which personal data are collected, as well as the purpose and means of processing these personal data.  

You are not obliged to disclose your personal data, but please note that certain services may not be provided and/or certain functionalities on the website may not be available if you do not disclose your personal data or refuse the use of certain cookies. 

3.COLLECTION EN PROCESSING OF PERSONAL DATA, THE PURPOSES OF PROCESSING AND THE LEGAL GROUNDS 

3.1 Processing of personal data of website users  

3.1.1 When you visit the website, non-directly identifying information is processed, collected and recorded by means of cookies, pixel tags or similar technology, such as :  

  • Your browser preferences; 
  • Your IP address; 
  • The date and time of access to the Website and other traffic data; 
  • The pages visited; 
  • Location data or other data related to the communication; 
  • The platform and/or operating system used; 
  • The search engine and keywords used to find the Website; 
  • Demographic data (such as gender, age category, categories of interests). 

3.1.2 The Cello Company processes these personal data for the following purposes: 

  • Analysing, adapting and improving the content and use of the website, monitoring the actions of website users, measuring the success of marketing campaigns, and including personal data in statistics after making the personal data anonymous so that the identity of specific individuals or companies cannot be traced, with your explicit, prior consent as the legal basis; 
  • Personalizing your experience on the website and facilitating navigation through cookieswith  your explicit, prior consent as legal basis. 

3.1.3 For further information regarding “cookies”, and their duration, reference is made to the Cookie Declaration.     

3.2Processing of personal data of partners and (potential) customers with a view to purchase Products  

3.2.1 When you purchase Cello’s, or request information about these, or when you are a partner of The Cello Company, The Cello Company may collect and process the following personal data about you:  

  • Contact details (such as first and last name, function, title, company address, email address, telephone number); 
  • Date of birth; 
  • Payment information (bank account number, IBAN and BIC /SWIFT, credit card number, expiration date); 
  • Invoice information, including company registration number; 
  • Communication content between you and The Cello Company; 
  • Additional information necessary to identify you and/or to sell Cello’s. 

3.2.2 The Cello Company processes these personal data for the following purposes: 

  • The management of your account for the purpose of selling Cello’s such as handling enquiries, requests and complaints, quotation requests, customer administration, order management, deliveries, invoicing, verification of the registration of company, control of creditworthiness, age verification, support, with as legal basis the performance of a contract requested by you (if a customer or partner), or the legitimate interests of The Cello Company to process your requests (if not a customer or partner); 
  • Entering into and performing the contractual relationship with you (if customer or partner), with as legal basis the performance of a contract requested by you and a legal obligation incumbent upon The Cello Company (in particular, tax and accounting obligations and age verification). 

3.2.3.  The Cello Company retains your personal data in view of the purposes set out above 

  • If you are a customer or partner : 10 years after the internal closing of the relationship. 
  • If you are a potential customer and you ask for information : 36 months after the last contact.  

3.3 Processing of personal data of (potential) customers and partners in order to send relevant business information and updates about The Cello Company and its Products 

3.3.1 If you are a customer, prospect or partner of The Cello Company, The Cello Company may collect and process the following contact information: first and last name, function, title, profession, company address, email address, telephone number, opt-in/opt-out for marketing and other material, the opening (or not) of the mailings and/or clicking through links in the mailing. 

3.3.2The Cello Company processes these personal data for the purposes of offering newsletters and updates on its Products, as well as any other news about it, and to invite you to its events, on the legal basis of your explicit prior consent (if not customer or a partner) or the legitimate interests of The Cello Company to serve its customer relationship (if customer or partner). 

3.3.3The Cello Company retains your personal data, in view of the purposes set out above, until such time as you inform The Cello Company that you no longer wish to receive such information, updates or invitations.  

3.4Processing of personal data of customers and partners to obtain feedback and for promotional purposes 

3.4.1 The Cello Company collects customer’s and partner’s feedback, including information you share about your experience with The Cello Company and its Products. This information includes, in addition to your surname, first name, address, telephone number and email, your comments and suggestions, testimonials, quotes, photographs and other feedback. 

3.4.2 The Cello Company processes these personal data for the following purposes:  

  • To improve its Products, based on the legitimate interests of The Cello Company in order to optimise its Products; 
  • To promote its business with reference to the customer’s or partner’s name and testimonials (e.g. on the website or in leaflets), with the customer’s or partner’s express consent as the legal basis.  

3.4.3.  The Cello Company retains your personal data, in view of the purposes set out above, 10 years after the internal closure of the relationship, or, if earlier, until you inform The Cello Company that you no longer wish The Cello Company to refer to your name and/or testimonials.  

3.5 Processing of personal data of (potential) customers and partners for direct marketing purposes  

3.5.1When you visit the website, non-directly identifying information as listed in section 3.1.1 is automatically collected and recorded by means of cookies, pixel tags or similar technology. The Cello Company also collects contact information as listed in section 3.3.1.  

3.5.2 The Cello Company also processes these personal data for the following purposes: 

  • To offer advertisements tailored to your interests via targeted advertising, also known as remarketing, via cookies or similar technologies, based on your explicit prior consent. 
  • Sending (online and offline) direct marketing, actions and promotions, based on your explicit, prior consent, or the legitimate interests of The Cello Company to promote its Products and retain the established relationship (if customer or partner). 

3.5.3 Your personal data will not be used for direct marketing purposes with respect to products that are not similar to those for which you have already made use of The Cello Company, unless you have previously explicitly consented to this.  

3.5.4 If you have given your consent for the use of your personal data for direct marketing purposes, you reserve the right to object to such use at any time, free of charge. All that is required is that you forward your request to the following address: info@thecellocompany.com. 

3.5.5.  The Cello Company stores your personal data, in view of the purposes set out above, until the moment you inform The Cello Company that you withdraw your consent or until such time that  you have deleted or refused the cookies (see the Cookie Declaration on this subject).  

3.6 Processing of personal data of suppliers  

3.6.1 If you are a supplier to The Cello Company, The Cello Company may collect and process the following personal data about you:  

  • Contact details (such as first and last name, company address, email address, telephone number); 
  • Payment information (bank account number, IBAN and BIC /SWIFT, credit card number, expiry date); 
  • Invoice information, including company registration number; 
  • Communication content between you and The Cello Company; 
  • Additional information needed to identify you and/or required in the context of purchasing products or services.  

3.6.2 The Cello Company processes these personal data for the following purpose: 

  • The management of your account with a view to purchase products or services from you within the framework of the production and sale of the Cello’s, such as supplier administration, invoicing, control of the capacity of “company”, control over creditworthiness, with as legal basis the legitimate interests of The Cello Company to select and pay you as the supplier. 

3.6.3.  The Cello Company retains your personal data, in view of the purpose set out above, 10 years after the last invoicing.  

3.7In addition to the personal data mentioned above, The Cello Company may have additional personal data, insofar as these are communicated by you.  

THE MANNER IN WHICH PERSONAL DATA ARE OBTAINED 

  • Via the website: by filling in the contact form on the website;  
  • By telephone: when you provide your personal details to The Cello Company by telephone; 
  • By e-mail: when you send an e-mail to info@thecellocompany.com; 
  • Through the use of cookies, as explained above and further detailed in the Cookie Declaration 
  • Through the use of pixel tags or similar technology; 
  • Through offline communication channels (such as correspondence or during a contact moment); 
  • Through publicly available sources such as LinkedIn. 

COMMUNICATION TO THIRD PARTIES 

The Cello Company treats personal data as confidential information. The Cello Company may provide your personal data to the following categories of third parties to the extent that this information is necessary for the purposes listed above:  

  • Service providers of IT-related services (such as for data analysis, statistical purposes, communication purposes, messaging services, website maintenance, hosting purposes, support in protecting and securing the systems and services, cloud storage purposes); 
  • Marketing technology platforms; 
  • Consultants, financial, legal and tax advisors, accountants; 
  • Government agencies and authorities in connection with legal obligations; 
  • Service providers who support the fulfilment of the sale (e.g., payment service providers, parcel service);   
  • Insurers, suppliers, manufacturers, service providers and experts to the extent necessary for the performance of the contract in individual cases or for the fulfilment of specific tasks. 

The communication of this information to the aforementioned persons shall in all circumstances be limited to what is strictly necessary or required by applicable law. 

In exceptional cases, The Cello Company may have to disclose your personal data pursuant to a court order, which The Cello Company considers necessary to protect its rights, or in order to comply with legal proceedings, an injunction, a request from a regulator or any other legal procedure in which The Cello Company is involved. 

YOUR RIGHTS 

The Cello Company does not subject you to automated decisions. 

You have the following rights under the GDPR:  

  • Right to information regarding the purposes of the processing and the identity of the data controller (see paragraph 1 above); 
  • Right of access: you may at any time have access to the personal data that The Cello Company processes about you, or check whether these are included in the database; 
  • Right of rectification: The Cello Company will take all reasonable measures to keep your data up to date; if data is incorrect or incomplete, you have the right to request The Cello Company to rectify it; 
  • Right of objection: you can object at any time to the processing of your data for serious and legitimate reasons; 
  • Right of erasure: you may at any time request the erasure of your personal data, with the exception of those that The Cello Company is legally obliged to keep; 
  • Right to restriction of processing: you can also request a restriction of processing if, among other things, you have objected to the processing, if you dispute the accuracy of the data or if the processing of personal data is unlawful; 
  • Right to free data portability: you have the right to receive your personal data processed by The Cello Company in a structured, commonly used and machine-readable form and/or to transmit them to another data controllers;  
  • Right to withdraw consent: insofar as the processing is based on your prior consent, you have the right to withdraw such consent without affecting the lawfulness of processing based on your consent before such withdrawal. 

You may exercise your rights by sending a written request, accompanied by a copy of your identity card or passport, to the controller by e-mail: info@thecellocompany.com or by using the “contact” section of the website. The Cello Company will take the necessary steps to process any request within the shortest possible time and in any case within one month of receipt of the request. If necessary, this period may be extended by two months in view of the complexity and number of requests. In the context of direct marketing by electronic means, this means that you can unsubscribe from the newsletter and other commercial communications at any time, free of charge and without justification. You can unsubscribe by sending an email to the following address: thecellocy@outlook.com or by clicking on the ‘unsubscribe’ link as shown at the bottom of each email. 

You have the right to lodge a complaint to the Data Protection Authority, rue de la Press 35, 1000 Brussels, Tel +32 (0)2 274 48 00, Fax +32 (0)2 274 48 35, e-mail: contact@apd-gba.be. If you should suffer damage as a result of the processing of your personal data, you can also file a claim for damages before the Belgian civil courts. 

SECURITY 

The Cello Company has implemented the appropriate technical and organizational measures, in order to avoid as much as possible the destruction, loss, falsification, alteration, unauthorized access by third parties of personal data collected as well as any other unauthorized processing of these data. 

The Cello Company takes all reasonably possible measures to ensure the confidentiality of the personal data provided by you. However, you acknowledge that the transmission of personal data via the website, or more generally via the internet, is never without risk. As far as permitted by applicable law, you agree that The Cello Company cannot be held liable for any direct or indirect damages that you would suffer as a result of an unlawful or faulty use of your personal data by third parties who would not have permission to do so. 

TRANSFER TO A COUNTRY OUTSIDE THE EUROPEAN ECONOMIC AREA 

In the context of the purposes listed above, The Cello Company may share your personal data with third parties located in a non-EEA country. In such case, The Cello Company will only transfer such data in compliance with the applicable data protection laws and within the limits allowed, for example by ensuring the transfer is based on an adequacy decision by the European Commission, or by providing appropriate safeguards through the standard data protection clauses (known as the “standard contractual clauses) adopted by the European Commission.  

You may contact The Cello Company at the following address: info@thecellocompany.com if you wish to obtain a copy of the standard contractual clauses that may have been entered into or information about other appropriate measures taken. 

UPDATES AND CHANGES TO THE PRIVACY POLICY 

The Cello Company may amend and modify this Privacy Policy by providing this information to you via the website, email or any other means, in particular to comply with any new applicable laws and/or regulations (such as the GDPR), the recommendations of the Data Protection Authority, the guidelines and recommendations of the European Data Protection Authority and the decisions of the courts and tribunals in this area. It is recommended to consult the Privacy Policy on a regular basis by reference to the date of the last modification as shown at the bottom of this document. If you do not agree to any change to the Privacy Policy, please stop using the website immediately, and ask the data controller to delete your personal data as described above. 

10 VALIDITY OF CONTRACTUAL CLAUSES 

Failure by The Cello Company to invoke any of the provisions of this Privacy Policy, may not be interpreted as a waiver to subsequently make use of its rights under said provision Policy.  

The invalidity, nullity or unenforceability of any or all of the foregoing or following provisions shall not give raise to the invalidity of the entire Privacy Policy. Any provision that is invalid, void or unenforceable in whole or in part shall be deemed unwritten. The Cello Company undertakes to replace this provision with another that, to the extent possible, fulfils the same objective. 

11 APPLICABLE LAW AND COMPETENT COURT 

The validity, interpretation and/or implementation of the Privacy Policy are subject to Belgian law. In the event of a dispute concerning the validity, interpretation or implementation of the Privacy Policy, the courts and tribunals of Brussels shall have exclusive jurisdiction. Before taking any step towards a judicial resolution of a dispute, you agree that both parties undertake to attempt to resolve it amicably, and where appropriate, through mediation. 

 Privacy policy last issued on 2020 – 01 – 30