Privacy statement
Last modified on: June 2022.
1. INTRODUCTION
1.1. General
1.2. What is personal data?
1.3. Changes
2. CONTACT DETAILS
3. WHAT PERSONAL DATA ARE PROCESSED AND HOW ARE THEY USED?
3.1. Information processing depending on your capacity
3.2. Information processing regardless of your capacity
4. PROCESSORS
5. SHARING OF YOUR PERSONAL DATA TO THIRD PARTIES
6. INTERNATIONAL TRANSFER (OUTSIDE EEA) OF YOUR PERSONAL DATA
7. YOUR RIGHTS
7.1. The right to access
7.2. The right of rectification
7.3. The right to erasure ('right to be forgotten')
7.4. The right to restrict processing
7.5. The right to object to the processing
7.6. The right to data portability
7.7. The right to lodge a complaint with a supervisory authority
7.8. The right to withdraw your consent
1. Introduction
1.1. General
The website www.yapado.com (the "Website") and the services are provided by YAPADO ("we" and "us"). Any person who visits our Website (the "Visitors"), any person who uses our services (“Customers”), as well as any person whom we have a business partner relationship with (Influencers, and Suppliers) almost inevitably discloses certain personal data. This personal data constitutes information that allows us to identify you as a natural person, whether or not we actually do so. You are identifiable as soon as it is possible to create a direct or indirect link between one or more personal data and you as a natural person. The Visitors, Customers, Influencers and Suppliers are also referred to collectively in this privacy statement as "you/your".
We aim to use and process your personal data in accordance with the General Data Protection Regulation ("GDPR") and other relevant legal provisions. Any reference in this privacy statement to the GDPR is a reference to the Regulation of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation).
Through this privacy statement, you are informed of the processing activities we may carry out with your personal data.
This privacy statement applies when we act as a controller for the processing of personal data in relation to our Website, services and business relations maintenance, in other words, when we determine the purposes (the “why”) and means (the “how”) of the processing of that personal data.
Please read this privacy statement carefully and make sure you understand it.
1.2. What is personal data?
Personal data is defined in the GDPR as "any information relating to an identifiable person who can be identified, directly or indirectly". Personal data, in simpler terms, is any information about you that makes it possible to identify you. Personal data includes obvious information, such as your name and contact details, but also less obvious information, such as identification numbers, electronic location data and other online identifiers.
1.3.Changes
We may update this policy from time to time by posting a new version on our Website. This may be necessary, for example, if the law changes, or if we change things in a way that affects the protection of personal data. We recommend that you check this page occasionally to ensure that you are happy with any changes to this privacy statement.
2. Contact details
Our Website and services are provided and operated by YAPADO. We are registered in Belgium under registration number 0447.151.885 and our registered office is located at Dublinstraat 35 (bus /0018),
9000 GHENT.
You can contact us:
(a) by post, to the postal address set out above;
(b) via the contact form on our Website;
(c) by telephone, on +32 9 230 99 04; or
(d) by e-mail, using info@yapado.com.
3. What personal data are processed and how are they used?
First, in 3.1., we describe the data processing that varies depending on your capacity. Then, in 3.2., we describe the data processing that may apply to all applicable capacities.
3.1. Information processing depending on your capacity
Depending on your capacity, we may collect and process the following personal data.
3.1.1. Visitors
Categories of personal data of Visitors | Processing purposes | Legal basis | Storage period(*) |
Technical data: · IP address · geographical location · browser type and version · operating system · reference source · duration of your visit page views and website navigation paths, as well as information on the timing, frequency and pattern of your use of the service. | The source of the technical data is the use of non-necessary cookies.
The technical data may be processed for the purpose of analysing/improving the use of the Website.
| · Consent
| See the Cookie banner on this Website. |
The source of the technical are the use of necessary cookies.
| · Our legitimate interests, so that the Website functions technically in accordance with necessary cookies as referred to in our Cookie banner. | ||
Application data: · First name · Last name · Email address · Telephone number · Message (motivation) · Resume.
| The source of the application data is the information you provide us when you apply for a career or internship through our form on the website.
The application data may be processed for the purpose of finding a suitable candidate for a career or internship with us. | · Consent | Application data will be retained for the duration of the concrete application process. These are then deleted, at the latest within 4 weeks, unless we have your consent to retain it for a year longer for future open positions. You can withdraw your consent at any time. |
3.1.2. Customers
Categories of personal data of Customers | Processing purposes | Legal basis | Storage period(*) |
Contact details: · First name · Last name · Address · Telephone number · Email address · Company details (company name, VAT number) · Function/position in the company | The source of the account data is the information you provide us when you want to use our services.
Contact details may be processed to enable us to provide and properly administer our services to you. | · Execution of a contract between you and us; · At your request, taking steps to enter into such a contract. | The data is stored for the duration of the agreement. After termination of the agreement, the data can be kept for another seven years in order to comply with the legal obligation (tax obligation). |
Transaction data · Contact details (namely bank account number, company name, first and last name); · Transaction details (placed orders, invoices, time of payment, payment reminders). | The source of transaction data is the information you provide to us to pay for our services.
Transaction data may be processed for the purpose of delivering our services to you and keeping proper records of those transactions. | · Execution of a contract between you and us; · At your request, taking steps to enter into such a contract. | Personal data is kept for the duration of the agreement. After termination of the agreement, transaction data can be kept for another seven years in order to comply with the legal obligation (tax obligation). |
3.1.3. Influencers
Categories of personal data of Influencers | Processing purposes | Legal basis | Storage period(*) |
Influencer profile data: · First name · Last name · Address · Telephone number · Email address · Company details (company name, VAT number) · Influencer market(s) (e.g. beauty, lifestyle, fashion, kids, food, sports) · Region (Brussels, Ghent, Antwerp, Wallonia) · Profile type (Blogger, Vlogger, Celebrity, Chef, Journalist, MUA, Stylist, Influencer); · Instagram profile and posts. | The source of the influencer profile data is twofold. Firstly, the source is the information you provide us when applying for a partnership with us through our Influencer registration form on the website. Secondly, we can also collect influencer profile data via third parties (e.g. Instagram).
Influencer profile data may be processed to enable us to provide and properly administer our partnership with you. As well as to check that you are a genuine influencer and do not have a false influencer profile. | · Execution of a contract between you and us; · At your request, taking steps to enter into such a contract. | The data is stored for the duration of the agreement.
|
· Consent | After termination of the agreement, we can keep this data for another 2 years upon your consent for possible future agreements between you and us. This consent is requested again every 2 years until you stop to renew your consent. At any time you can withdraw your consent. | ||
Transaction data · Bank account number (IBAN) | The source of transaction data is the information you provide to us.
Transaction data may be processed for the purpose of enabling our partnership and keeping proper records of our transactions to you. | · Execution of a contract between you and us; · At your request, taking steps to enter into such a contract. | The data is kept for the duration of the agreement. After termination of the agreement, personal data will be kept for another seven years in order to comply with the legal obligation (tax obligation). |
3.1.4. Suppliers
Categories of personal data of Suppliers | Processing purposes | Legal basis | Storage period(*) |
Contact details: · First name · Last name · Address · Telephone number · Email address · Company details (company name, VAT number) · Position in the company. | The source of the contact details is twofold. Firstly, the source is the information you provide us when reaching out to us on your own initiative. Secondly, we can also collect contact details via your company’s website, your company’s social media channel or other websites when we are searching for suppliers.
Contact details may be processed to enable us to use your services or the services of your company. | · Execution of a contract between you and us; · At your request, taking steps to enter into such a contract. | The data is stored for the duration of the agreement. After termination of the agreement, personal data will be kept for another seven years in order to comply with the legal obligation (tax obligation).
|
Transaction data · Bank account number (IBAN). | The source of transaction data is the information you provide to us.
Transaction data may be processed for the purpose of enabling our partnership and keeping proper records of our transactions to you. | · Execution of a contract between you and us · At your request, taking steps to enter into such a contract. | The data is kept for the duration of the agreement. After termination of the agreement, personal data will be kept for another seven years in order to comply with the legal obligation (tax obligation). |
3.2. Information processing regardless of your capacity
We may collect and process the following personal data whether you are a Visitor, Customer, Influencer, or Supplier.
Categories of personal data | Processing purposes | Legal basis | Storage period(*) |
Communication data (All information you provide us when you contact us e.g. via our contact form on the website or by phone, e-mail, post or social media.)
When you contact us via the contact form on our website: - First name; - Last name; - E-mail address; - Phone number; - Your message. | The source of the communication data is the information you provide when contacting us. Communication data may be processed for the purpose of this communication with you and record keeping. | · Our Legitimate Interest, to be able to respond to requests, questions or comments from you of any kind. | The communication data can be kept for a maximum of 2 years. We can remove the data earlier when we think you are satisfied with our response. |
&”Testimonial data (= the positive received feedback we publish on our website) · First name; · Last name; · Company name; · Position in the company you work for; · Testimonial message.
| The source of the testimonial data is the positive feedback on our company that you provide us.
The testimonial data can be processed to promote our services to website visitors. | · Consent | The data will be retained until you request deletion of the publication. You can withdraw your consent at any time. |
Newsletter data (direct marketing): · First name; · Last name; · E-mail address. | The source of the newsletter data is the information you provide to us when you subscribe to the newsletter.
Newsletter data is processed in order to send you newsletters, for which you have given your consent. You may unsubscribe at any time by clicking on the "unsubscribe" link in the relevant e-mail or by any other action described therein. | · Consent | Your data will be processed until you unsubscribe. |
In addition, we may process your personal data when this is necessary to comply with a legal obligation to which we are subject (such as tax legislation). Without prejudice to the above, we may keep your personal data when this would be necessary for the establishment, exercise or defence of legal claims, whether in legal proceedings or in administrative or extrajudicial proceedings. The legal basis for this processing is our legitimate interests, namely the protection and exercise of our legal rights.
4. Processors
A processor is a natural or legal person who processes personal data at our request or on our behalf. We may sometimes contract with this party to provide certain products and/or services. In other words: We use processors because it is necessary for the provision of services. In this case, we will enter into a written agreement with the processor whereby the security of your personal data is guaranteed by the processor. The processor will always act in accordance with our instructions.
We use the following categories of processors:
· Companies we have engaged for marketing purposes;
· Companies we have engaged for ICT technical support and hosting purposes;
· Companies we have engaged for administrative purposes (e.g. CRM system);
· Companies that we have engaged for communication purposes;
· Companies that we have engaged for logistical purposes (e.g. order picking, delivery, etc.);
· Companies we have engaged for analytical purposes;
· Companies we have engaged for payment purposes;
· Companies we have engaged for the realisation of PR events, seedings and press releases.
5. Sharing of your personal data to third parties
We will not share your personal data with third parties (other than processors) for any purpose, subject to the following exceptions.
In some circumstances, we may be legally obliged to share certain personal data, including yours, if we are involved in legal proceedings or in order to comply with legal obligations, a court order or the instructions of a government authority.
6. International transfer (outside EEA) of your personal data
We may store or transfer some or all of your personal data in countries that are not part of the European Economic Area (the "EEA" consists of all EU member states plus Norway, Iceland and Liechtenstein). These are known as "third countries" and may have weaker data protection laws than those in the EEA. This means that we take extra steps to ensure that your personal data is treated as safely and securely as it is in the EEA.
We will only transfer your personal data to countries that the European Commission deems to offer an adequate level of protection of personal data. Further information is available from the European Commission.
7. Your rights
Some rights are complex and not all details are included here. Please therefore read the relevant provisions and guidelines of supervisory authorities for a full explanation of these rights.
You can exercise your rights in relation to your personal data by notifying us in writing at info@yapado.com.
We will respond to your request within one month of receipt. We will normally aim to provide a full response within that time. However, in some cases, particularly if your request is more complex, more time may be required, up to a maximum of three months from the date we receive your request. You will be kept fully informed of our progress.
7.1. The right to access
You have the right to confirm whether or not we are processing your personal data and, where we are doing so, to have access to the personal data, together with certain additional information. This additional information includes details on the purpose of the processing, the categories of personal data concerned and the recipients of the personal data. Provided that the rights and freedoms of others are not affected, we will provide you with a copy of your personal data. The first copy will be provided free of charge, but additional copies may be provided for a reasonable fee.
7.2. The right of rectification
You have the right to have inaccurate personal data about you corrected and, taking into account the purposes of the processing, incomplete personal data about you completed.
7.3. The right to erasure ('right to be forgotten')
In some cases, you have the right to have your personal data deleted without undue delay. These circumstances include:
- the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed;
- You withdraw your consent to a processing based on consent;
- You object to the processing according to certain rules of the applicable data protection law (the GDPR);
- the processing is for direct marketing purposes; and
- personal data has been unlawfully processed ;
- the personal data must be deleted in order to comply with a legal obligation incumbent upon us.
However, there are exclusions from the right to erasure. The general exclusions include where processing is necessary:
- for the exercise of the right to freedom of expression and information;
- for compliance with a legal obligation incumbent upon us; or
- for the establishment, exercise or defence of legal claims.
7.4. The right to restrict processing
In some cases, you have the right to restrict the processing of your personal data. These circumstances are: you dispute the accuracy of the personal data; the processing is unlawful, but you oppose its erasure; we no longer need the personal data for our processing, but you need the personal data for the establishment, exercise or defence of legal claims; and you have objected to the processing, pending verification of that objection.
If processing is restricted on this basis, we may continue to store your personal data. However, we will only process them in other ways: with your consent; for the establishment, exercise or defence of legal claims; for the protection of the rights of another natural or legal person; or for important reasons of public interest.
7.5. The right to object to the processing
You have the right to object to our processing of your personal data for reasons relating to your particular situation, but only insofar as the legal basis for the processing is that it is necessary for the purposes of the legitimate interests pursued by us or by a third party. If you raise such an objection, we will cease processing the personal data unless we can demonstrate that there are compelling legitimate grounds for the processing which override your interests, rights and freedoms, or that the processing is for the establishment, exercise or defence of legal claims.
In addition, you have the right to object to our processing your personal data for direct marketing purposes (including profiling for direct marketing purposes). If you object, we will cease processing your personal data for this purpose.
Furthermore, you have the right to object to our processing your personal data for scientific or historical research purposes or statistical purposes on grounds relating to your particular situation, unless the processing is necessary for the performance of a task carried out in the public interest.
7.6. The right to data portability
Insofar as the legal basis for our processing of your personal data is based on:
(a) consent;
(b) processing is necessary for the performance of a contract to which you are a party or in order to take steps at your request prior to entering into a contract; or
(c) such processing is carried out automatically,
you have the right to receive your personal data from us in a structured, commonly used and machine-readable format.
However, this right does not apply when the rights and freedoms of others would be affected.
7.7. The right to lodge a complaint with a supervisory authority
If you believe that our processing of your personal data is in breach of the General Data Protection Regulation (GPA), you have the right to lodge a complaint with a supervisory authority responsible for data protection. In Belgium, the supervisory authority is the Gegevensbeschermingsautoriteit (GBA). Data subjects from other Member States have the right to lodge a complaint with their own national supervisory authority. For an overview of the contact details of these authorities, click on this link.
Gegevensbeschermingsautoriteit (GBA)
Rue du Printing 35, 1000 Brussels
+32 (0)2 274 48 00
https://www.gegevensbeschermingsautoriteit.be
7.8. The right to withdraw your consent
Insofar as the legal basis for our processing of your personal data is consent, you have the right to withdraw such consent at any time. Revocation does not affect the lawfulness of the processing prior to the revocation.