Purpose

Present Charter was established by the Lavafields S.A. company, with registered office at 86, Rue de Hainaut 6180 Courcelles, Belgium, and enterprise number BE0422.446.381 « the processing manager ».

The purpose of present Charter is informing the visitors of her website and all owned websites (hereinafter « website ») of the way data is collected and processed by the processing manager.

Present Charter is part of the desire of the processing manager to act in all transparency, with respect of the national legislation and of the 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/CE (hereinafter « general regulation on data protection »).

The processing manager pays special attention to the protection of the privacy of its users and therefore undertakes required reasonable precautions in order to protect the collected personal data against loss, theft, disclosure or non-authorised use.

Should the user want to react to one of the actions as described hereafter, he or she can contact the processing manager by postal address or by email address as stated under  “contact details” of present Charter.

Consent

By visiting and using the website, the user declares he or she is aware of the information below, accepts present Charter and expressly consents to the collection and processing by the processing manager, according to the terms and principles described in this Charter, of his or her personal data which he or she communicates through the website and/or through services proposed on the website, for purposes as mentioned below.

The user has the right to withdraw his or her consent at any time. Withdrawal of the consent doesn’t compromise the legitimacy of the processing based on the previously given consent.

Which data do we collect?

By using the website, the user explicitly consents to the collection and processing, according the terms and principles described below, of following personal data by the processing manager:

• His or her domain (automatically detected by the server of the processing manager), dynamic IP address included ;
• His or her electronic mail address if the user previously revealed it, for example by sending messages or questions on the website, by communicating with the processing manager by e-mail, by acceding the restricted part of the website with identification, etc. ;
• All of the information regarding the pages the user has viewed on the website
• All information the user voluntarily provided, for example as part of information surveys and/or subscription to the website, or by acceding the restricted part of the website, or by making a purchase on the website.

The processing manager may also be required to collect non-personal data.  This data is categorized as non-personal because it doesn’t allow to identify directly or indirectly a particular individual. Therefore, it can be used for any purpose whatsoever, for example, improving the website, the proposed products or services or advertisement of the processing manager.

In the event that the non-personal data would be combined with personal data, in such way that identification of individuals would be possible, this data will be processed as personal data until connection to a particular individual is rendered impossible.

Collection methods

The processing manager collects personal data as follows:

• When visiting the website through the cookies, see “Cookies” section
• At the creation of a customer account on the website

Processing purposes

The personal data is collected and processed only for below purposes:

• Ensure management and control of the execution of provided services
• Shipment and follow-up of the orders and invoicing;
• Sending promotional information on the products and services of the processing manager;
• Shipment, if any, of free samples or service offers at preferential conditions
• Answer the user’s questions;
• Compile statistics;
• Improve quality of the website and products and/or services proposed by the processing manager;
• Provide information on the new products and/or services of the processing manager
• With the aim of direct marketing actions;
• Ensure a better identification of the user’s areas of interests.

The processing manager may be required to perform processing that is not yet provided for in this charter. In this case, the processing manager will contact the user before using his or her personal data, in order to inform him or her of the changes and to give him or her the possibility, if required, to refuse this repurposing.

Storage time

The processing manager will store the personal data for no longer than the reasonable period of time needed for the intended purposes and in accordance to the legal and regulatory requirements.

Personal data of a customer is stored for a maximum of 3 years after the contractual relation that ties this customer to the processing manager.

Shorter storage times are applicable for some categories of data, such as the traffic data, which is only stored for 12 months.

Upon expiry of the storage time, the processing manager will exert every effort to ensure that the personal data are made unavailable.

Access to data and copy

The user can, through a written and signed request sent to the processing manager at the address as stated under  “contact details” of present Charter, after justifying his or her identity (by adding a copy of his or her identity card), receive the written communication or a copy of the collected personal data concerning him or her, for free.

The processing manager can request payment of reasonable costs based on administrative costs for every additional copy requested by the user.

When the user submits this request electronically, the information will be sent in a common format, unless if the user asks otherwise.

The copy of the data will be communicated to the user at the latest one month after reception of the request.

Right of rectification

The user can, through a written and signed request sent to the processing manager at the address as stated under  “contact details” of present Charter, after justifying his or her identity (by adding a copy of his or her identity card), receive rectification of his or her allegedly inaccurate, incomplete or irrelevant personal data, as well as complete it if it is not complete, as soon as possible and within one month, for free.

Right to object to processing

The user can, through a written and signed request sent to the processing manager at the address as stated under  “contact details” of present Charter, at any time, for reasons related to his or her particular situation, after justifying his or her identity (by adding a copy of his or her identity card), object to the processing of his or her personal data, for free, when:

• Processing is necessary for the execution of a public interest mission or a mission that falls under public authority with which the processing manager is invested;
• Processing is necessary for legitimate interests pursued by the processing manager or by a third party, unless interests or human rights and fundamental freedoms of the concerned individual that request a protection of the personal data (including when the concerned individual is a child) prevail.

The processing manager can refuse to enforce the right to object of the user when he establishes the existence of compelling and legitimate grounds to justify the processing, that override the interests or human rights and fundamental freedoms of the user, or for the statement, exercise or defence of legal claims. In case of dispute, the user can lodge an appeal as explained in the section  « claims and complaints » of present Charter.

The user can, through a written and signed request sent to the processing manager at the address as stated under  “contact details” of present Charter, at any time and after justifying his or her identity (by adding a copy of his or her identity card), without justification and for free, object to the processing of his or her personal data when this data is collected for purposes of direct marketing (including profiling).

When personal data is processed for purposes of scientific or historical research or for purposes of statistics, in accordance with the general regulation on data protection, the user has the right to object, on grounds relating to his or her particular situation, to the processing of personal data concerning him/her, except if the processing is necessary for the execution of a public mission interest.

The processing manager is bound to respond to the request of the user as soon as possible, and no later than within one month, and must motivate his answer when he intends not to comply to such a request.

Right to limitation of processing

The user can, through a written and signed request sent to the processing manager at the address as stated under  “contact details” of present Charter, at any time, for reasons related to his or her particular situation, after justifying his or her identity (by adding a copy of his or her identity card), obtain the limitation of processing of his or her personal data in the cases mentioned below:

• When the user contests the accuracy of the data and only for the time the processing manager can control it
• When the processing is illegal and the user would prefer a limitation to an erasure
• When, although not necessary anymore for the pursuit of the purposes of processing, the user needs it for establishment, exercise or defence of legal claims
• During the time required for the examination whether the request to object of the user is justified, in other words, the time the processing manager needs to verify the balance of interests between the legal interests of the processing manager and those of the user.

The processing manager will inform the user when the limitation of the processing is resolved.

Right to erasure (right to be forgotten)

The user can, through a written and signed request sent to the processing manager at the address as stated under  “contact details” of present Charter, at any time, for reasons related to his or her particular situation, after justifying his or her identity (by adding a copy of his or her identity card), obtain the erasure of the personal data concerning him/her, when

• The data isn’t necessary anymore with regard to the purposes of the processing
• The user has withdrawn his or her consent for the processing his or her data and that there is no other legal ground for processing
• The user objects to the processing and if there are no overriding legitimate grounds for the processing and/or the user exercises the right to object to direct marketing (including profiling) ;
• The personal data that is the object of an unlawful processing
• The personal data must be erased to comply with a legal obligation (Union Law or Law of the Member State) to which the processing manager is submitted
• The personal data was collected in the context of the offer of service of the company that addresses children.

However, the erasure of the data is not applicable in the 5 following cases:

• When the processing is necessary for the exercise of the right to freedom of expression and information
• When the processing is necessary to comply with a legal obligation which requires the processing foreseen by the Union Law or Law of the Member State to which the processing manager is submitted
• When the processing is necessary for public interest grounds in the field of public health
• When the processing is necessary for archival purposes in the field of public interest, for the purposes of scientific or historical research or for statistical purposes and as long as the right to erasure is subject to make realisation of the processing objectives impossible or to seriously compromise them;
• When the processing is necessary for the statement, exercise or defence of legal claims.

The processing manager is bound to respond to the request of the user as soon as possible, and no later than within one month, and must motivate his answer when he intends not to comply to such a request.

The user also has the right, following the same procedure, for free, to obtain the erasure or the prohibition to use all personal date concerning him or her, taking into consideration the purpose of the processing, which is incomplete or irrelevant or of which the registration, communication or conservation should be prohibited or that would be stored beyond the necessary and authorised time.

Right to « data portability »

The user can, through a written and signed request sent to the processing manager at the address as stated under  “contact details” of present Charter, at any time, for reasons related to his or her particular situation, after justifying his or her identity (by adding a copy of his or her identity card), ask to receive for free his or her personal data in a structured, commonly used and machine readable format, in order to transfer to another processing manager, when:

• The processing of the data is performed using automated methods; and
• The processing is based on the user’s consent or on an agreement between the latest and the processing manager.

Under the same conditions and following the same procedure, the user has the right to obtain from the processing manager that the personal data concerning him or her is transferred directly to another processing manager, as long as it is technically feasible.

The right to data portability is not applicable on the processing necessary for the execution of a public interest mission or a mission that falls under public authority with which the processing manager is invested.

Recipients of the data and disclosure to third parties

The recipients of the collected and processed data are, other than de processing manager himself, his representatives or other subcontractors, his commercial partners selected with care, located in Belgium or in the European Union, who cooperate with the processing manager with regard to commercialisation or supply of products.

In the event that the data would be released to a third party for purposes of direct marketing or prospection, the user will previously be informed so that he or she can accept or decline the processing of his or her data by a third party.

The user can, through a written and signed request sent to the processing manager at the address as stated under  “contact details” of present Charter, at any time, for reasons related to his or her particular situation, after justifying his or her identity (by adding a copy of his or her identity card), object free of charge to the transfer of his or her data to a third party.

The processing manager will comply with the prevailing legal and regulatory provisions and will see to it that his partners, representatives, subcontractors or other third parties with access to these personal data respect the present Charter.

The processing manager reserves the right to disclose the personal data of the user in the event that a legislation, judicial proceeding or an order of a public authority should require this disclosure.

There will be no transfer of personal data outside the European Union.

Use and management of the « cookies »

General principles.

The present article provides information about the use of cookies on the website.

The present cookie management policy applies to the website. The cookies are managed by the processing manager.

The website uses cookies to make navigation easier and more reliable. Some of those cookies are required for operating the website, others lead to improvement of the user’s experience.

Most of the web browsers are configured as to automatically accept the cookies. If the user wants to personalise their management, he or she has to change the settings of his or her web browser. He or she will find more information on this topic in the section « management of the cookies » of present Charter.

By visiting and using the website, the user explicitly gives his or her consent to the management of the cookies as described below.

Definition of the cookies.

A « cookie » is a file with data or text that the server of a website saves temporarily or permanently on the user’s equipment (hard disc on the computer, tablet, smartphone, or any other similar device) through its browser. The cookies can also be installed by a third party who works with the processing manager.

The cookies remember a certain quantity of information, such as the user’s language preference or the content of his or her shopping basket.  Other cookies collect statistics about the users of a website or ensure the correct appearance of the graphics and ensure that the applications work correctly on the website. Still others allow to adapt the content and/or the advertisement of a website based on the user.

Use of cookies on the website.

The website uses different types of cookies:

• Essential or technical cookies: these are cookies essential to the website’s functionality, allowing good communication and meaning to improve navigation
• Web analytics and customization cookies: these cookies allow to identify and count the quantity of visitors and to see their browser behaviour when they visit the website. This allows improvement of browsing for the user and allows him or her to find what he or she is looking for easier;
• Functionality cookies: these cookies are used to activate specific functionalities on the website to enhance functionality for the user, by, for example, remembering his or her preferences (for example the language);
• Performance cookies: these cookies collect information related to the way visitors use the website. They allow evaluation and improvement of the content and the performance of the website (for example by counting the number of visitors, by identifying the most popular pages or clicks), and to match commercial proposals to the personal preferences of the user
• Advertising or commercial cookies: these are files to collect data about the user’s profile that can be installed or read by a third party with whom the processing manager works in order to measure the efficiency of an advertisement or a webpage and to adapt them to the user’s areas of interest;
• Tracking cookies: the website uses tracking cookies via Google Analytics, in order to help the processing manager to measure the user’s ways of interaction with the content of the website, they generate visit statistics strictly anonymously. These statistics allow permanent improvement of the website and proposing a relevant content to the user. The processing manager uses Google Analytics to gain insight into the traffic on the website, the origin of this traffic and the visited pages. This means that Google acts as subcontractor. The information collected by Google Analytics is processed in the most anonymous possible way. For example, it is not possible to identify the individuals who visit the website. For more information, the user is invited to check the Google politics related to data protection, available at: http://www.google.nl/intl/en_uk/policies/privacy/

The processing manager may also use cookies and tags to collect information on the browsing behaviour of the users on the different websites and applications belonging to his advertising network.

A tag is an invisible image file which follows the browsing of the user on one or more websites and/or applications. Furthermore, other commercial cookies can be installed by advertisers when diffusing their add.

The commercial cookies don’t contain personal data. The information collected with commercial cookies and tags is used to measure the efficiency of the add and to personalise better the advertisement on the website and on other websites belonging to the advertising network or for which the processing manager provides advertising.

The storage time of the cookies vary depending on their type: in general, the essential cookies are stored till the browser is closed, whereas the functional cookies stay valid for 1 year and the performance cookies 4 years.

The processing manager allows public search engines to visit the website through the  ‘spiders’ with the sole purpose to allow access to the content of the website through their search engines, without consent of the processing manager of archiving the website. The processing manager reserves the right to withdraw at any time the consent as stated in this article.

In order to make offers that could interest the user, the processing manager may make deals with advertising agencies on the internet. They got the authorisation from the processing manager, to put advertisements on the website. When the user visits the website, the advertising agencies can also collect information.

Cookie management.

Most browsers are set up to automatically accept the cookies, but they all allow personalisation of the settings in accordance with the user’s preferences.

If the user doesn’t want the website to put cookies on his or her computer/mobile device, he or she can easily manage or erase them by changing the settings of his or her browser.

If the user doesn’t want to accept the cookies of Google Analytics, he or she can specify this through the message about the cookies which appears when he or she first visits the website or by personalising the settings of his or her browser so that it refuses cookies.

In order to stop being tracked by Google Analytics on any website, the user is invited to consult following website: http://tools.google.com/dlpage/gaoptout

Should the user deactivate some cookies, some parts of the website might not be available and/or usable, or only partially.

Safety

The processing manager implements the proper technical and organizational measures in order to ensure a safety level of the processing of the collected data regarding the risks posed by the processing and the nature of the data to protect, appropriated to the risk. He takes into account the state of knowledge, costs of implementation and the nature, scope, context and purposes of the processing as well as the risks for the rights and freedom of the users.

The processing manager always uses encryption technologies, recognized as industrial standards in the IT sector, when he transfers or receives data on the website.

The processing manager implements proper security measures to protect and avoid loss, misuse or alteration of the information received on the website.

Communications by post, digital or by phone.

Communication by post.

If the user communicates his or her postal address to the processing manager through the website, his or her data is saved in the address file of the manager in order to answer his or her question and to keep him or her informed on the products and services offered by the manager. In absence of any objection from the user, the processing manager can also communicate the user’s data to a third party (such as corporate groups or commercial partners) for direct marketing purposes. If the user doesn’t wish for his or her data to be used for direct marketing, he or she can indicate it upon registration on the website.

At any time, the user can consult, correct or have erased the data in the file of the processing manager. To do so, he or she will have to contact the processing manager at the address as stated under  “contact details” of present Charter, without forgetting to state his or her exact name as well as the exact address (correctly spelled).

The processing manager commits to erase the data from the list which he shares with other companies or organisations.

Communication by phone.

If the user communicates his or her telephone number to the processing manager through the website, he or she can get a phone call:

• Of the processing manager in order to communicate information on products, services or upcoming events
• From corporate groups or commercial partners legally bound to the processing manager.

If the user doesn’t want to receive such phone calls (anymore), he or she can contact the processing manager at the address as stated under  “contact details” of present Charter, without forgetting to state his or her exact name as well as the exact address (correctly spelled). The processing manager commits to erase the data from the list which he shares with other companies or organisations.

If the user communicates his or her mobile phone number to the processing manager through the website, he will only get messages (SMS/MMS) from the manager necessary to reply to his questions or to inform about online orders.

Communication via e-mail.

If the user communicates his or her e-mail address to the processing manager through the website, he or she can get:

• E-mails of the processing manager in order to communicate information on products, services or upcoming events (for direct marketing purposes), provided that the user gave his or her explicit consent or that he or she is already a customer of the manager and that he or she communicated his or her e-mail address to the processing manager;
• E-mails from corporate groups or commercial partners legally bound to the processing manager, with purpose of direct marketing, provided that the user gave his or her explicit consent.

If the user doesn’t want to receive such e-mails (anymore), he or she can contact the processing manager at the address as stated under  “contact details” of present Charter, without forgetting to state his or her exact name as well as the exact address (correctly spelled).

The processing manager commits to erase the data from the list which he shares with other companies or organisations.

Claims and complaints

The user is entitled to lodge a complaint with control authority, whose data is mentioned on the official website of the European Union: http://ec.europa.eu/newsroom/article29/item-detail.cfm?item_id=612080.

Contact details

For all questions and/or complaints, including on the clear and accessible character of present Charter, the user can contact the processing manager:

• By e-mail: info@lavafields.com
• By postal mail: Lavafields SA, 86 Rue de Hainaut 6180 Courcelles

Legislation and competent court

Present Charter is governed by national law of the primary office of the processing manager.

Any dispute relating to the interpretation and implementation of present Charter will be subject to the law of this national legislation.

Miscellaneous

The processing manager reserves the right to alter the provisions of present Charter at any time. Alterations will be published with a notice as to their implementation.

Present Charter is dated 21/10/2020