Even though you’re not always fully aware, as a User of our webshop one always discloses certain ‘personal data’. Personal data are those bits of information that allow us to identify you as an individual, regardless of the question whether we actually perform such processing. This will be the case as soon as one can make a direct or indirect link between one or more pieces of data and an individual.
The collection and processing of personal data is subject to strict conditions, enforced by the law. The most important law applicable is the Belgian law of 8 December 1992 for the protection of the privacy (privacy act). We attach great importance to the protection of your privacy and want to be very clear and transparent about possible processing. By consequence we have written this Privacy Statement.
By using the website and services, we assume that every User has knowledge of the Privacy Statement and thus accepts the collection and processing of his personal data, in the way described hereafter.
1. Who's responsible for the processing?
The privacy act makes a distinction between the person or business responsible for the processing and the third parties which are being used for the actual processing. This distinction is very important to avoid any incertitude concerning responsibilities.
1.1 RESPONSIBLE FOR THE PROCESSING?
The one responsible for the processing, also referred to as the data controller, is every individual or business who acts solely or in cooperation with others to determine the goal and the legal and technical means used for the processing of personal data. The following business is indicated as the data controller:
KINETURA LIVING BVBA
1.2 Data processor?
The actual processor (data processor) is the individual or business that is commissioned by the data controller to process the personal data. The data processor is responsible for the proper technical operation of the website (data transmission). The persons who are authorized under the direct authority of the data controller are not included in this category.
The data controller is extra careful in selecting the data processor. It is the data processor’s responsibility to offer enough guarantees regarding the technical and organizational security measures, and to meet the requirements set by art. 16 §1 of the privacy act.
The data controller cannot be held liable for loss or corruption of data, identity theft, data theft, virusses or trojan horses, SQL-injections or any other possible attacks on the information systems or online cloud-portals. The data processor decides autonomously about the application that is best suitable to process the data, because of its acquired professional expertise. It’s not possible to expect the same professional expertise from the data controller.
The data processor for Kinetura® is: Skinn Bruges, Belgium.
2. To which ends will my personal data be used?
Kinetura® collects your personal data for one main goal; that is to offer a safe, optimal and personal user experience to every user of the website. The quantity of processed personal data will expand as the User is making more extensive use of the website and the method of online orders.
The processing of personal data is therefor essential to guarantee our website’s operation and the services that are provided. The processing will only take place for these (internal) goals:
To provide the User access to his personal User profile, which can be used to make purchases in our webshop.
To provide and improve our personalized and general services, including billing and invoicing, offering information, newsletters and useful and/or necessary offers for the User, the processing and collecting of User’s ratings and the providing of support.
The detection of and protection against fraud, misconducts and/or criminal behaviour.
We will never transfer your personal data for external analysis without having conducted a prior anonymization.
The user declares to have given his explicit permission for Kinetura® to process his personal data by using our website and the functionalities. If any personal data from third parties is processed, Kinetura® explicitly states that this processing is necessary to properly implement the agreement to which she is party or to implement the measures, taken prior to the agreement on request of the involved party.
Given the fact that technology and innovation cannot be stopped, it is impossible to make an estimation as to what our future website and services will be like. This is why it is important to understand that a given consent will also apply to the use of personal data in the development of new services or functions as far as they lay within the original goals of our website.
2.1 THE REGISTRATION OF YOUR ACCOUNT
In order to use our online purchasing application, the User of our website has to create a personal User profile by registering. This means that we collect all the data necessary to provide a personalized service (eg. sex, age, demographic content, but also essential contact data such as address, e-mail address, phone- and faxnumber). The user will always have the final decision as to the quality and quantity of personal information that is disclosed.
We will never collect sensitive information, such as data concerning race, political opinions, health, religion, sexual orientation or similar information.
2.2 GOOD TECHNICAL FUNCTIONING;
We furthermore also collect and process personal data to guarantee the proper technical functioning of our website. The website uses several different means to optimize the User experience and detect possible (technical) issues, such as:
Log-information: information such as the IP-address and data related to telecommunication.
Information concerning the device that is being used to visit the website, such as hardware- and software information and network information.
Local storage information.
The website also collects anonymous data, more specific technical data exclusively used for internal ends, used to get a proper image of the User navigation on the website.
2.3 WILL MY DATA BE USED OUTSIDE THE E.U. (OR EVEN TRANSFERRED TO THIRD PARTIES)?
The personal data will mainly be processed for Kinetura®’s internal purposes. This is why, we can assure you that your personal data will not be sold, transferred or communicated to third parties related to us. Data can be communicated to third parties if:
The user gives his explicit consent
The transfer is necessary for the execution of the agreement. This will be the case with employees, agents, subcontractors, suppliers, commercial partners, marketing services, etc.;
The transfer is necessary for the closure or execution of an agreement between the data controller and a third party, in the interests of the User. For example, in case of fraud.
The transfer is necessary or legally obligated (important public interest or right);
The involved party is certain of the confidential processing of his personal data in the case of acquisition or sale of Kinetura®. In this case Kinetura® will provide the necessary information to the data subject.
Kinetura® is a Belgian enterprise. However, the processing and/or a transfer of data to countries outside the European Union occur. Art. 21 of the Privacy Act states that personal data can only be transferred to countries in which an equal level of security is guaranteed and similar or equal provision of the Privacy Act are applicable. The country, duration of transfer and storage of the data and the exact aims are criteria that need to be assessed case per case.
Kinetura® guarantees that no data will be transferred to third countries without having taken the necessary measures to comply with the requirements of protection from the Belgian Privacy Act. This transfer will only take place if one of the grounds mentioned in Art. 2 are applicable.
3. Will location data be stored?
The analytic data of Kinetura® do indeed show location data. Based on these data it is possible to display a probable location on a map (‘Map’). These provisions (based on IP-addresses) are not accurate at all, and thus largely inadequate to trace down the exact location of a User.
This means we will not use this location data to identify you, but only to guarantee the proper technical functioning of our website.
4. What rights do i have?
4.1 GUARANTEE OF A LAWFUL AND SAFE PROCESS OF PERSONAL DATA
Every user can be assured that Kinetura® will always process your personal data in a ‘safe and lawful’ way. The data will only be processed for the aims as described in this document. Kinetura® guarantees that the processing of this data will always be sufficient, proportionate and not excessive manner.
We will never store your personal data any longer than strictly necessary. We will however keep an archive of your data, as long as your account is active, or when your personal data is necessary to offer a certain service.
Kinetura® has taken sufficient technical and organizational measures to guarantee a safe processing of your personal data. These measures are in proportion with the nature of the personal data and the potential risks.
The risks of an accidental or unauthorized destruction, accidental loss, change of the access to, and any other unauthorized processing of the data are reduced to a minimum. Sadly though, this doesn’t mean that there is no more risk. In case of a breach of Kinetura®’s IT-system we will immediately take all possible measures to limit damages and/or theft to a minimum.
4.2 THE RIGHT TO OBJECT
Each user can oppose the processing of his personal data. This right to object exists only if there are sufficient legitimate and weighty grounds relating to his particular situation. The exceptions provided in the Privacy Act are also applicable to this right of objection. You may at any time, free of charge and without further ado oppose the proposed processing of your personal data if those data were obtained for the purpose of direct marketing.
You are also entitled to obtain the removal and/or the ban on the use of all your personal data which have been obtained and which are incomplete or irrelevant, regarded from the view of the purpose of the processing. This is also applicable to any personal data of which the registration, disclosure, and retention are prohibited, or personal data preserved after expiry of the authorized period. This right can be used at any time, free of charge and without further justification.
The user shall exercise his right through a signed, written request to Kinetura®, by post or e-mail to
. Kintetura® undertakes the appropriate action following a request within 15 days.
4.3 RIGHT TO ACCESS
The user shall exercise his right through a signed, written request to Kinetura®, by post or e-mail to
. Kinetura® undertakes the appropriate action following a request within 15 days.
4.4 RIGHT TO CORRECT
Kinetura® attaches a great importance to an accurate data collection. Inaccurate or incomplete personal data can therefore always be improved or even obliterated. For it is impossible for us to be on a continuous basis aware of any mistakes or incompleteness of your personal data, it is up to you as a user to report inaccuracies or omissions and to perform the necessary adjustments regarding ones registration details.
If your personal actions seem not enough, feel free to contact us using a signed, written request directed at
. Kinetura® performs the necessary actions within 15 days by making additions, correcting or deleting the personal data. The removal is mainly related to the visibility, so it is possible that the deleted personal data remains temporarily stored.