Privacy policy
1. Parties and Purpose
Oh my Cookie (hereinafter "Oh my Cookie" or the "Data Controller")
rue de la Conciliation 48. 1070 Brussels.
BCE / VAT :BE0783231052
Register of legal entities : Anderlecht
Mail : ohmycookie@outlook.com
Oh my Cookie has drawn up this Privacy Policy in order to transparently inform Users of the website hosted at the following address: www.ohmycookie.be, (hereinafter the "Site"), of the manner in which personal data is collected and processed by Oh my Cookie.
The term "User" refers to any user, i.e. any natural or legal person, who visits or interacts in any way with the Site.
As such, Oh my Cookie determines all the technical, legal and organizational means and purposes of processing Users' personal data. To this end, Oh my Cookie undertakes to take all necessary measures to ensure that personal data is processed in accordance with the Law of July 30, 2018, on the protection of individuals with regard to the processing of personal data (hereinafter, "the Law") and the European Regulation of April 26, 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (hereinafter, "theRegulation").
Oh my Cookie is free to choose any individual or legal entity that processes users' personal data at its request and on its behalf (hereinafter the "Processor"). Where applicable, Oh my Cookie undertakes to select a Subcontractor offering sufficient guarantees as to the technical and organizational security measures for the processing of personal data, with regard to the Law and the Regulation.
2. Processing of personal data
The use of the Site by Users may entail the communication of personal data. The processing of such data by Oh my Cookie, in its capacity as Data Controller, or by service providers acting in the name and on behalf of Oh my Cookie, will comply with the Law and the Regulation.
Personal data will be processed by Oh my Cookie, in accordance with the purposes set out below, via :
Sending and processing orders
communicating with customers about their orders
sending promotional offers if the customer has consented to receive them
3. Purpose of personal data processing
In accordance with Article 13 of the Regulation, the purposes of the processing of personal data are communicated to the User and are as follows:
Sending and processing orders
Communication with customers concerning their orders
4. Personal data likely to be processed
When visiting and using the Site, the User consents to Oh my Cookie collecting and processing the following personal data in accordance with the terms and principles described in this Privacy Policy:
First name, surname, postal address and e-mail address will be collected for the purpose of processing orders.
5. Consent
By accessing and using the Site, the User declares that he/she is aware of and gives his/her free, specific, informed and unequivocal consent to the processing of his/her personal data. This agreement relates to the content of the present Privacy Policy.
Consent is given by the positive act by which the User has ticked the box proposing the Privacy Policy as a hypertext link. This consent is an indispensable condition for carrying out certain operations on the Site or for allowing the User to enter into a contractual relationship with Oh my Cookie. Any contract between Oh my Cookie and a User concerning the services and goods offered on the Site is subject to the User's acceptance of the Privacy Policy.
The User consents to the processing and collection by the Data Controller, in accordance with the terms and principles set out in this Privacy Policy, of any personal data provided by the User on the Site or in connection with the services offered by Oh my Cookie, for the purposes indicated above.
The User has the right to withdraw his/her consent at any time. Withdrawal of consent does not compromise the lawfulness of processing based on consent previously given.
6. Retention period for Users' personal data
In accordance with article 13 §2 of the Regulation and the Law, the Data Controller only keeps personal data for as long as is reasonably necessary to achieve the purposes for which it is processed.
This period is in any case less than : 1 year
7. Recipients of data and disclosure to third parties
Personal data may be passed on to Oh my Cookie's employees, collaborators, subcontractors or suppliers who offer adequate data security guarantees, and who collaborate with Oh my Cookie in the marketing of products or the provision of services. They act under the direct authority of Oh my Cookie, and are in particular responsible for collecting, processing or subcontracting such data.
In all cases, the recipients of the data and those to whom the data has been disclosed comply with the contents of this Privacy Policy. Oh my Cookie guarantees that they will process such data solely for the purposes intended, in a discreet and secure manner.
In the event that data is disclosed to third parties for direct marketing or prospecting purposes, the User will be informed in advance so that he/she may express his/her consent to the use of such personal data.
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8. Users' rights
Users may exercise their rights at any time by sending a message by e-mail to the following address: ohmycookie@outlook.com, or a letter by post, enclosing a copy of their identity card, to the following address: Knoddelstraat 8. 1761 Borchtlombeek
a. Right of access
In accordance with Article 15 of the Regulation, Oh my Cookie guarantees the User's right of access to his/her personal data. The User has the right to obtain access to said personal data as well as the following information:
- the purposes of the processing ;
- the categories of personal data concerned;
- the recipients or categories of recipient to whom the personal data has been or will be disclosed, in particular recipients established in third countries or international organizations;
- where possible, the length of time for which the personal data will be kept or, where this is not possible, the criteria used to determine this length of time;
- the existence of automated decision-making, including profiling, as referred to in Article 22(1) and (4) of the Regulation, and, at least in such cases, useful information concerning the underlying logic, as well as the significance and anticipated consequences of such processing for the data subject
The Data Controller may charge a reasonable fee based on administrative costs for any additional copies requested by the User.
Where the User submits such a request electronically (via the e-mail address, for example), the information will be provided in a commonly used electronic form, unless the User requests otherwise.
The User will be sent a copy of his or her data no later than one month after receipt of the request.
b. Right of rectification
Oh my Cookie guarantees the User the right to rectify and delete personal data.
In accordance with Article 16 of the Regulation, incorrect, inaccurate or irrelevant data may be corrected or deleted at any time. The User shall first make the necessary changes himself/herself from his/her user/other account, unless they cannot be made autonomously, in which case the request may be made to Oh my Cookie.
In accordance with Article 19 of the Regulation, the Data Controller shall notify each recipient to whom personal data has been communicated of any rectification of personal data, unless such communication proves impossible or requires disproportionate effort. The Data Controller shall provide the data subject with information about such recipients if the data subject so requests.
c. Right to erasure
The User has the right to obtain the erasure of his/her personal data as soon as possible in the cases listed in Article 17 of the Regulation.
Where the Data Controller has made the personal data public and is required to erase it pursuant to the preceding paragraph, the Data Controller shall, taking into account available technology and implementation costs, take reasonable steps, including technical steps, to inform other Data Controllers processing such personal data that the Data Subject has requested the erasure by such Data Controllers of any link to such personal data, or any copy or reproduction thereof.
The two preceding paragraphs do not apply insofar as such processing is necessary:
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- to exercise the right to freedom of expression and information;
- to comply with a legal obligation to process that is laid down by Union law or by the law of the Member State to which the controller is subject, or to perform a task carried out in the public interest or in the exercise of official authority vested in the controller;
- to establish, exercise or defend legal claims.
In accordance with Article 19 of the Regulation, the Data Controller shall notify each recipient to whom personal data has been communicated of any erasure of personal data or any restriction of the processing carried out, unless such communication proves impossible or would require disproportionate efforts. The data controller shall provide the data subject with information on these recipients upon request.
d. Right to limit processing
The User has the right to obtain the limitation of the processing of his/her personal data in the cases listed in Article 19 of the Regulation.
In accordance with Article 19 of the Regulation, the Data Controller shall notify each recipient to whom personal data has been communicated of any limitation of the processing carried out, unless such communication proves impossible or requires disproportionate efforts. The data controller shall provide the data subject with the following information.
- to exercise the right to freedom of expression and information;
e. Right to data portability
In accordance with Article 20 of the Regulation, Users have the right to receive from Oh my Cookie personal data concerning them in a structured, commonly used and machine-readable format. Users have the right to transfer this data to another data controller without Oh my Cookie being able to prevent this in the cases provided for by the Regulation.
Where Users exercise their right to data portability pursuant to the preceding paragraph, they have the right to have their personal data transmitted directly from one data controller to another, where technically possible.
The exercise of the right to data portability is without prejudice to the right to erasure. This right does not apply to processing necessary for the performance of a task in the public interest or in the exercise of official authority vested in the data controller.
The right to data portability is without prejudice to the rights and freedoms of third parties.
f. Right to object and automated individual decision-making
The User has the right at any time to object to the processing of his or her personal data due to his or her particular situation, including the automation of data carried out by Oh my Cookie. In accordance with Article 21 of the Regulation, Oh my Cookie will no longer process personal data, unless there are compelling legitimate grounds for the processing that override the interests and rights and freedoms of the User, or for the establishment, exercise or defense of legal claims.
Where personal data is processed for canvassing purposes, the User has the right to object at any time to the processing of personal data concerning him or her for such canvassing purposes, including profiling insofar as it is linked to such canvassing.
If the person concerned objects to the processing for canvassing purposes, the personal data will no longer be processed for such purposes.
g. Right of complaint
The User has the right to lodge a complaint concerning the processing of his/her personal data by Oh my Cookie with the Data Protection Authority competent for Belgian territory. Further information can be found on the website: https://www.autoriteprotectiondonnees.be.
Complaints can be submitted to the following addresses:
Data Protection Authority
Rue de la Presse 35, 1000 Brussels
Phone + 32 2 274 48 00
Fax + 32 2 274 48 35
E-mail: contact@apd-gba.be
The User may also lodge a complaint with the court of first instance in his place of residence.
9. Limitation of liability of the data controller
The website may contain links to other websites owned by third parties unrelated to Oh my Cookie. Oh my Cookie is not responsible for the content of these sites or their compliance with the Law and Regulations.
The holder of parental authority must give his/her express consent for a minor under the age of 16 to disclose information or personal data on the website. Oh my Cookie strongly advises persons exercising parental authority over minors to promote responsible and secure use of the Internet. The Data Controller shall not be held liable for collecting and processing personal information and data from minors under the age of 16 whose consent is not effectively covered by that of their legal parents, or for incorrect data - in particular concerning age - entered by minors. Under no circumstances will personal data be processed by the Data Controller if the User specifies that he/she is under 16 years of age.
Oh my Cookie is not responsible for the loss, corruption or theft of personal data caused in particular by the presence of viruses or following computer attacks.
10. Security
The Data Controller implements organizational and technical measures to guarantee a level of security appropriate to the processing and collection of data. These security measures depend on the cost of implementation in relation to the nature, context and purposes of the personal data processing.
The Data Controller uses industry-standard encryption technologies when transferring or collecting data on the Site.
11. Modification of the Privacy Policy
Oh my Cookie reserves the right to modify this Privacy Policy in order to comply with legal obligations in this area. The user is therefore invited to consult the Privacy Policy on a regular basis in order to take note of any changes and adaptations. Any such modification will be posted on the Site or sent by e-mail for enforceability purposes.
12. Applicable law and jurisdiction
This Privacy Policy is governed exclusively by Belgian law. Any dispute shall be brought before the courts of the judicial district of Oh my Cookie's registered office.
13. Contact
For any questions or complaints relating to this Privacy Policy, the User may contact the Data Controller at the following address: ohmycookie@outlook.com