Privacy

You may not always be fully aware of it but using our website implies disclosing some personal data. According to the legal definition, personal data is every data that allows the identification of a natural person, irrespective of whether we collect data or not. This will be the case when the data allows us to establish a (direct or indirect) link between one or more pieces of data and an individual.

The collection and processing of personal data is governed by strict conditions, enforced by the law. The most important law applicable is the Belgian Act of 8 December 1992 on Privacy Protection in relation to the Processing of Personal Data (‘Privacy Act’). Your privacy is very important to us; we want to be very clear and transparent about this. This is why we have designed this Privacy Policy.

We assume that while using the website and its services, the User has taken notice of this Privacy Policy and agreed to the collection and processing of personal information that are in accordance thereto.
Our Privacy Policy may be subject to future amendment or modification. Any such change will be clearly indicated in the Privacy Policy. It is your responsibility as a User to examine and take notification of any change made to this document; this should be done on a regular basis. Any change we deem substantial enough will besides be clearly communicated to you.

1 Who is responsible for the data processing?

The Privacy Act draws a distinction between a ‘data controller’ and a ‘data processor’. We provide you with a clear notice of this distinction, as this is extremely important to avoid some ambiguity about responsibilities.

1.1 Data controller?

The data controller is every natural person and/or legal entity that determines the purposes and the means (legal and technical) of the processing of personal data. This determination can be done alone or jointly with others. The data controller is identifiable as:

AVIMEDIS BV (Hereafter “COOLBIRD” or “we”)
Sint-Gerolflaan 7 bus 0B
9880 Aalter
Company number (VAT-BE): 0652.769.814
E-mail: support@coolbird.eu
Phone: 09/233.51.71

1.2 Data processor?

The ‘data processor’ is the natural or legal person that processes personal data on behalf of the controller. He is responsible for the proper technical operation of the website (data transmission). People who, under the direct authority of the data controller or the data processor, are authorised to process the data should not be regarded as processors (e.g. employees or similar personnel).
The data controller has of course carefully selected the processor. We’ve chosen a processor providing all the adequate guarantees in respect of technical and organizational security measures governing the processing to be carried out. The selected processor satisfies at the same time all the other requirements of Article 16, § 1 Privacy Act.

The controller is not responsible for any loss or corruption of personal data, identity theft, data theft, viruses or Trojans, SQL injections or other attacks on computer systems or online cloud-portals. The processor has gained professional expertise in this domain and decides therefore in an autonomous way about the application that is best suitable to process the data. It’s not possible to expect the same professional expertise from the data controller.

2 What purposes are my data used for?

COOLBIRD collects and processes your personal information for one overarching goal, i.e. to offer you a safe, comfortable and personalized experience each time you visit the website. Dependant on whether the user makes intensive use of the website or relies on certain services, the collection of personal data may be more extensive.
The information we collect about you is primarily processed to help us ensure the proper technical functioning of our website and the related services. Your personal data will only be processed for the following (internal) purposes:
The User profile: Every user has his own, individual User profile with which he/she can use our platform actively. The profile is necessary to make use of the functionalities of our site, such as online purchasing, formatting reviews…

A personalised en general service: we can use your data for the following purposes:
Sending (reasonably) useful and necessary information, regardless of the commercial or non-commercial nature.

Providing support in case of questions or remarks.

Following up complaints about the functioning of our platform, malicious seller acts or other platform-related feedback.

To detect and offer protection against all fraud, errors and criminal behaviours on the website.
Given the fact that technology and innovation cannot be controled, it is impossible to know 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 context of the development of new services or functions, as far as such use lays within the original purposes of our website.

3 We collect personal data in the following ways:

3.1 Registration of an account

In order to use our platform, you might need to sign up and create a personal user-account. We collect all the data necessary to provide you with a personalized service such as sex, age, demographic content, but also essential contact data such as address, e-mail address, phone- and faxnumber. During further processing of the purchase, additional personal data can be collected. 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 other similar information.

3.2 Several technical means

Our website uses several means to optimize the user experience and detect possible (technical) issues. These means include:

Cookies: this information allows us to recognize the user and to make an efficient use of our website’s functionalities such as stay logged in, use the shopping cart, read reviews, display personalized ads, etc. For more information concerning the use of cookies, we kindly refer to our Cookie Statement.
Log-information: information such as the IP-address and other data related to telecommunication.
Information concerning the device that is being used to visit the website, such as hardware-, software- and network information.
Local storage information.
The website also collects anonymous data; this is technical data used for internal purposes only in order to get a better image of the user navigation on your website.

3.3 Will my data be used outside the EU (or even transferred to third parties)?

Personal data are primarily processed for COOLBIRD’S internal purposes. This is why we can assure you that your personal data will not be sold, rent or otherwise transferred to any third party related to us. Exceptionally data will be transferred to third parties when:

The user gives his explicit consent;
Such transfer is necessary for the execution of the agreement. This will be the case with employees, agents, subcontractors, suppliers, commercial partners, marketing services, etc.;
Such transfer is required for the conclusion or execution of an agreement between the data controller and a third party, which us in the interests of the user (e.g. in case of fraud);
Such transfer is legally required (an important public interest or right is at stake);
If none of the above foundations are applicable, you can be sure that your personal data is processed confidentially.  We never give your personal data to a third party without a prior anonymisation (e.g. external analyses).

You can rest assured; in the event of a merger, acquisition, reorganization, sale of all or substantially all of our assets, or in connection with the sale of our website, we will utilize the highest level of security to protect your personal data and provide you with all the necessary information.

COOLBIRD is a company organized under Belgian law. However, the processing and/or transfer of data to countries outside the European Union can occur. According to Article 21 Privacy Act, transfer of personal data outside the European Union may only take place if the country of final destination in question ensures an adequate level of protection. An adequate level of protection is to be determined on a case-by-case basis in light of all the circumstances surrounding a data transfer operation.

COOLBIRD guarantees that no data will be transferred to third countries without having taken the necessary measures to comply with the requirements of protection under the Belgian Privacy Act. This transfer will only take place on the basis of one of the legal grounds, such as consent of the user.

4 What are my rights?

4.1 Guarantee of a lawful and safe process of personal data

Every user can be assured that his personal data will be processed in a fair and lawfully manner. This means the following guarantees:

The data will only be processed for the legitimate purposes that have been described above.
Such processing will always be sufficient, proportionate and not excessive.
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 as long as your personal data appears necessary to offer you a certain service.
COOLBIRD has taken sufficient technical and organizational measures to guarantee a safe processing of your personal data. These measures are consistent with the nature of the personal data and proportional to the potential severity of the risk.

The risks of an accidental or unauthorized destruction, loss, alteration of or access to, and any other unauthorized processing of the data are reduced to a minimum. Sadly though, no risk can be completely removed. In case of breach of COOLBIRD’s IT-system, we will immediately take all possible measures to limit the damages and/or thefts to a minimum.

4.2 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 article 5, (b) and (c) of the Privacy Act are also applicable to this right to object.

The User 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.

The user shall exercise his right through a signed, written request to COOLBIRD, by post or e-mail to support@coolbird.eu. COOLBIRD undertakes the appropriate action following a request within fifteen (15) working days.

4.3 Right to access

Each user who proves his identity has a right of access to all information regarding the processing of his personal data by COOLBIRD, as defined in the Privacy Act. This includes information on the purposes of the processing, the categories of information processed and relate the categories of recipients to whom the data are provided.

The user shall exercise his right through a signed, written request to COOLBIRD, by post or e-mail to support@coolbird.eu. COOLBIRD undertakes the appropriate action following a request within fifteen (15) working days.

4.4 Right to correct

COOLBIRD attaches a great importance to an accurate data collection. Inaccurate or incomplete personal data can therefore always be improved or even obliterated. Because it is impossible for us to continuously be aware of any mistakes, incompleteness or falseness 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 by post or e-mail at support@coolbird.eu. COOLBIRD performs the necessary actions within fifteen (15) working 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.