Version 25/05/2018 – Compliant with the GDPR (General Data Protection Regulation)
1.1 The « Choux de Bruxelles » group of companies, composed of the following companies: « Groupe Choux de Bruxelles SA », « A Propos Catering SPRL », « A Propos SA », « Fresh Belgium SA », « RGMP SPRL », « PBA-PSK Catering SPRL », « Good Robinson SA », « Ostend Sea Place SA », « Café Georgette SPRL », « L’Arche du Gourmet SPRL », « EP CONCEPT SPRL », « Gio’s Strada SPRL », « La Chaufferie SPRL » (hereinafter « Choux de Bruxelles ») respects the privacy of its users (hereinafter, the « Users »).
1.2 « Choux de Bruxelles » processes the personal data it receives in compliance with the applicable legislation, particularly the Law of 8 December 1992 and its implementation decrees with regard to the protection of individual privacy.
1.3 Accessing the website www.chouxdebruxelles.be (hereinafter « the Website »), implies the full and unrestricted acceptance by the User of the present Privacy Statement (hereinafter « the Statement »), as well as its Terms and Conditions of Sale (hereinafter the “T&C”).
1.4 The User acknowledges having taken notice of the information mentioned below and authorises « Choux de Bruxelles » to process his personal data as disclosed on the Website regarding the services offered by « Choux de Bruxelles » (hereinafter the« Service »), in accordance with the dispositions mentioned below.
1.5 Provided the Users are informed thereof, « Choux de Bruxelles » may be asked to modify or adapt the Statement, more specifically with regard to the implementation of any new applicable legislation or regulation, (following the example of the application of the new European legislation on data protection regulation – 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”, enforceable as from 25 May 2018, the recommendations of the Belgian Data Protection Authority , the general guidelines, the recommendations and good practices of the European Data Protection Supervisor, as well as the courts’ and tribunals’ decisions in this regard.
1.6 The Statement applies to all pages of the Website and to all subscriptions to the Website. It does not apply to pages maintained by third parties to which « Choux de Bruxelles » might refer and of which the respective privacy policies might differ from its own. « Choux de Bruxelles » can therefore not be held liable for any data processed on or by these third-party websites.
1.7 The disclosure of personal data is at times required to access certain parts of the Website (for example to apply for an online quotation). Without disclosure of these data by the User to « Choux de Bruxelles », access to this part of the Website could be refused.
2. Data Protection Officer
2.1 The Website can generally be accessed without the necessity to disclose personal data such as last name, first name, mailing address, email address…
2.2 However, regarding the Service, the User might be required to disclose certain personal data. In such a case, the identity of the data controller is: « Groupe Choux de Bruxelles SA » – Boulevard Louis Schmidt 1 – 1040 Bruxelles – N° BCE: 840.411.958
2.3 We have appointed Dorian NEVE as our Data Protection Officer (DPO). He assures the compliancy with the privacy legislation and the confidential processing of personal data. All questions or inquiries regarding the processing of these data can be addressed to him at the following address:
3. Collected data
3.1. DATA TRANSFERRED TO CHOUX DE BRUXELLES THROUGH ACTIVE INTERVENTION OF THE USERS
By surfing the Website, filling out the forms or subscribing to newsletters on the Website, using social media linked to « Choux de Bruxelles », the User grants permission to « Choux de Bruxelles » to collect, store or process the following data, to the purposes mentioned in point 4, in its CRM system (Odoo):
- > identification data, such as first and last names, email address, date of birth and postal address
- > banking data necessary to the Service, such as account number, IBAN and BIC/SWIFT numbers
- > billing data
- > communications and correspondence between the User and « Choux de Bruxelles »
- > extra information required from the User by « Choux de Bruxelles » to identify him/her or to prevent him from infringing the clauses of the Statement
- > any other data voluntarily transferred by the User to « Choux de Bruxelles » for purposes determined in the Statement, in the T&C, on the Website or through any other communication carrier used by « Choux de Bruxelles »
3.2. DATA AUTOMATICALLY TRANSFERRED TO CHOUX DE BRUXELLES THROUGH USE OF THE WEBSITE
3.2.1. « COOKIES »
To smoothen the browsing experience on the Website, as well as to optimise its technical maintenance, the Website needs to use « cookies ».
A « cookie » is a small text file containing information saved by a website on the User’s computer or smartphone. This “cookie” can be reaccessed during a subsequent visit to the Website through the same smartphone or computer. The “cookie” cannot be read by any other website except for the one that created it. The Website uses “cookies” for good administration practices, especially in order to store the User’s browsing preferences, or to obtain data with respect to the viewed pages and the dates and hours at which these views took place.
Most « cookies » are only stored for the duration of one browsing session or page view. The user can also configure his/or browser in such a way that it alerts him/her each time a “cookie” is created, or that the individual or general storing of “cookies” is blocked. Blocking “cookies” could however prohibit access to certain parts of the Website, or some of its functionalities may not work.
Provided explicit prior consent from the User, the Website can also allow the User to use third party cookies, most notably those by Facebook, Instagram, YouTube, Google+, Wordfence.
On its Website, « Choux de Bruxelles » uses the social media modules from the following social media providers: Facebook, Instagram and Google+. These social media modules establish a direct link with the social media server through the User’s browser. The social media provider on which the User has clicked, will receive the information that the User has visited the Website. If the User is registered to, and identified by, the concerned social media network, the provider may establish a correlation between the User’s profile and the visited Website. In that case, the social media provider can establish future interactions. If the User is not registered to the social media network, the provider can store the User’s IP address. To avoid the transfer of these data to the social media provider, the User should not click on the corresponding social media network button.
Google analytics. The Website also uses Google Analytics. This service offered by Google, analyses the Website’s activity. To this end, Google collects data regarding web traffic and the number of visitors. This tool permits « Choux de Bruxelles » to quantify the Website’s performance regarding browsing and to group the activity reports and other services.
3.2.2. DATA STORED ON THE ACCESSED SERVERS
When the User accesses the Website, the accessed servers automatically store certain data, such as the type of domain with which the User accesses the internet, the User’s IP-address (during the connection), the date and time of accessing the Website and other data regarding the web traffic, localisation data or other data regarding the communication, the viewed web pages, the type of browser used, the platform or operating system used, the search engine and key words in order to find the Website…
However, no nominally identifiable data with respect to the User is collected through these subscriptions. These data are collected for statistical purposes and to optimise the Website only.
4. Processing purposes
4.1. GENERAL PURPOSES
Without prejudice to what has been stipulated in point 3.2 regarding the automatically transferred data, the Website collects, stores and processes the personal data of its Users, in particular to the following purposes:
- > to establish and maintain the contractual relationship with the User
- > to enable the User to participate in games/concours/quizzes etc. and in general to offer the Service
- > to incorporate the User’s personal data in one or more automated databases
- > to analyse, adapt and enhance the contents of the Website
- > to establish internal statistical surveys and market surveys and to deploy various statistical survey systems
- > to allow the User to receive messages and manage his account from several different devices (computer, tablet, smartphone)
- > to detect or prevent fraud or illegal activities of a similar nature
- > to improve the availability and the use of the Website, to improve the Services proposed by « Choux de Bruxelles » as well as the Users’ experience
- > to reply to information requests
- > for possible marketing actions and promotions proposed by « Choux de Bruxelles » to those Users who have subscribed to the Newsletter
- > to keep the Users informed about the evolution of the Website and its functionalities
- > to all other ends to which the User has given explicit consent.
4.2. DISCLOSURE TO THIRD PARTIES
« Choux de Bruxelles » considers personal data to be confidential information and will not disclose them to any third parties under conditions other than those specified by the Statement, unless required by law, more pertinently when any competent authority specifically requires it.
« Choux de Bruxelles », has partnered with the following companies (hereinafter « the Partners”) in the execution of their missions: « Groupe Choux de Bruxelles SA », « A Propos Catering SPRL », « A Propos SA », « Fresh Belgium SA », « RGMP SPRL », « PBA-PSK Catering SPRL », « Good Robinson SA », « Ostend Sea Place SA », « Café Georgette SPRL », « L’Arche du Gourmet SPRL », « EP CONCEPT SPRL », « Gio’s Strada SPRL » In this regard, « Choux de Bruxelles » is allowed to disclose the personal data of its Users to its Partners, within the purposes of accomplishing the objectives set under paragraph 4.1.
« Choux de Bruxelles » can transfer the personal data of its Users to third parties as long as these data are required for the execution of a contract with its Users, for example, for a restaurant to book a reservation made through the Website or an events venue to organise its presentation. In that case, these third parties do not disclose the personal data to other third parties, except in one of the following two instances:
- > In case these third parties need to disclose the personal data to their suppliers or subcontractors, insofar as necessary to the execution of the contract, and
- > In case these third parties are required, by the applicable legislation, to disclose certain data or documents to the competent authorities in application of the anti-money laundering procedures, as well as in general with each competent public authority.
The disclosure of these data to the abovementioned persons will in any case be limited to what is strictly necessary or required by the competent legislation.
To facilitate its Users’ discovery of possibly interesting new products, « Choux de Bruxelles » can equally disclose its Users’ personal data to third party companies, insofar as the Users have explicitly given their consent hereto.
4.3. DIRECT MARKETING
The personal data are not used for direct marketing purposes for products or services other than those to which the User has already subscribed. The User retains the right to oppose against such use at any time, at his explicit request and without any extra cost. To exercise this right, the User only must unsubscribe through the link provided to this effect in any newsletter, or to address his unambiguous request thereto to the following email address: email@example.com. In any case, the User will be responsible for the truthful nature of the disclosed data and commits himself to notifying “Choux de Bruxelles” of all modification of these data. “Choux de Bruxelles » reserves the right to use these data to communicate relevant information pertaining to its services with respect to the legitimate interest of the company to market its services to its clients.
5.1 « Choux de Bruxelles » has taken appropriate measures to ensure, that the servers storing the processed personal data are secured, as much as possible, against unauthorised processing, access or modification of these data, inadequate use or disclosure of these data, and unlawful destruction or accidental loss of these data.
5.2 In this respect, the « Choux de Bruxelles » staff who have access to these data, are subjected to a strict confidentiality clause. However, « Choux de Bruxelles » cannot in any case be held liable in case of misappropriation of these data by a third party despite the implemented security measures.
5.3 The Users commit themselves to avoiding any action that could be contrary to the present Statement, to the T&C or, in general, to the law. Any breach of confidentiality, integrity or availability of the computer system and the data stored, processed or transferred by these systems, or any tendency to commit such breaches, can result in punishments of imprisonment for a period from three months to five years and a fine of twenty-six euro to two hundred thousand euro, or any one of these punishments alone.
6. Storage period
« Choux de Bruxelles » will generally store its Users’ personal data during the whole period necessary to realise its purposes, as exposed under point 4. « Choux de Bruxelles » can also continue to store the personal data of an unsubscribed User, including all correspondence or request for assistance addressed to « Choux de Bruxelles », to reply to all questions or complaints addressed to her, and to comply with all applicable laws (including fiscal law), especially the storage of data regarding executed payments.
7. Rights of the data subject
7.1 At any time, the User has the right to demand access to, rectification of, or if need be, erasure of his or her personal data, except those of which « Choux de Bruxelles » has a legal obligation to retain. The User can exercise these rights by addressing a request in writing, with a copy of his or her identity card or passport annexed, to the data controller at the following postal address: « Choux de Bruxelles », Service Juridique, Boulevard Louis Schmidt 1, 1040 Bruxelles ; or the following email address: firstname.lastname@example.org.
7.2 « Choux de Bruxelles» will take all necessary measures to oblige to this request as soon as possible.
8. Notice regarding minors
It is prohibited to individuals who aren’t yet fully 18 years of age, and to legally incapable individuals, to disclose their personal data to « Choux de Bruxelles ».
9. Applicable law and competent jurisdiction
9.1 The Statement is subjected to the Belgian law in all measures provided by the regulations of private international law.
9.2 In case of litigation regarding the validity, application, interpretation or execution of the Statement, the Brussels courts and tribunals have exclusive jurisdiction, insofar as permissible by the rules of the applicable international private law.
9.3 The Client herewith explicitly agrees to try to resolve all possible conflicts with « Choux de Bruxelles » through amicable settlement, prior to engage in litigation before the Court. To this effect, the Client will contact « Choux de Bruxelles » directly, if need be through mediation, before resorting to arbitrage, litigation, or any other way of settling disagreements.