Privacy Policy for BABU

1. INTRODUCTION AND SCOPE

This Privacy Statement (the “Statement”) applies to the website https://www.ba-bu.be (including any modules available on the website) (the “Website”), owned, operated and/or used by:
De Pleyne BV
Admin : Loppemsestraat 52 – 8210 Zedelgem
Exploitatie : Sint-Pietersnieuwstraat 9 – 9000 Gent
Business Number : 0760 451 591

Hereinafter “BABU”, “we” or “us”

BABU deems the protection of privacy of the utmost importance and wishes to enable you – as visitor of its Website – to maintain full control over what happens to your Personal Data and your privacy and to inform you accordingly.

All capitalized terms that are not defined in this Statement shall have the meanings as ascribed to them in 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 and repealing Directive 95/46/EC (“General Data Protection Regulation” or “GDPR”).

Your Personal Data and your privacy are protected by BABU in accordance with Belgian and European regulations on the protection of privacy. Please read this Statement very carefully. The following describes not only your rights, but also the way in which you can exercise these rights.

By visiting our Website, disclosing your Personal Data, or accepting this Statement, you expressly consent to the manner in which BABU collects and Processes your Personal Data as described in this Statement.

2. WHO PROCESSES YOUR PERSONAL DATA AND HOW CAN YOU CONTACT US?

BABU is responsible for the Processing of your Personal Data that you provide through the Website.

BABU has appointed a privacy officer, whom you can always contact for questions about your privacy and the Processing of your Personal Data. The privacy officer can be reached at:

BABU
Loppemsestraat 52
8210 Zedelgem
Email: hello@ba-bu.be

3. WHAT PERSONAL DATA ARE COLLECTED AND PROCESSED?

BABU Processes different types of Personal Data, depending on the services you use on the Website and as relevant. The following Personal Data might be Processed by BABU:

Contact information

Personal Data such as name, address, email address, phone number, etc.

Financial information

Personal Data such as bank account number

History and logs

Personal Data such as searches carried out on the Website, browsing behavior, date and time when the Website was visited, data regarding the click-through for the placement of purchases via our third party partner

Technical information

Personal Data such as data from computers, telephones or other devices on which you use the Website, your IP address, browser type, etc.

Cookies

For more information, reference is made to our Cookie Policy

Where Personal Data of a third party are disclosed via the Website or with a view to use the Website, the person communicating the Personal Data guarantees that he has informed that third party and that he has received all necessary consents to communicate the third party’s Personal Data.

4. WHAT ARE THE PURPOSES AND PRINCIPLES OF THE PROCESSING OF YOUR PERSONAL DATA?

The purpose and principles of the Processing of your Personal Data mainly depends on the category of Personal Data concerned. Below you will find an overview of the purpose and principles of the various Personal Data that we Process.

Contact information

Purpose:
Contact information is collected when you send us an email or complete a voluntary satisfaction survey. BABU will use your information to answer your questions, improve your experience, deliver you with the requested information and documentation, etc.

Contact information is also collected when you enter your email address to subscribe for the BABU newsletter and to receive direct marketing messages.

Grounds for Processing:
Necessary for the performance of the agreement + Consent

Financial Information

Purpose:
When you click on the order button on the Website, you are directed to an BABU partner for the placement of your order. Financial information for the placement of your order is collected by Mollie and afterwards shared with BABU.

BABU collects financial information for the processing of the order

Grounds for Processing:
Necessary for the performance of the agreement

Application Related Information

Purpose:
When you click on the application button on the Website, to apply for a job at BABU, you will be directed to the Typeform platform. Application related information is collected by Typeform and afterwards shared with BABU. BABU processes the application related information with a view to a possible recruitment

Grounds for Processing:
Legitimate interest

History and logs

Purpose:
Your history and logs are collected to allow BABU to further tailor its Website to your use and to improve its Website in the future

Grounds for Processing:
Legitimate interest

Technical information

Purpose:
Technical information is collected to allow BABU to further tailor its Website to your use and to improve its Website in the future

Grounds for Processing:
Legitimate interest

Cookies

For more information, reference is made to our Cookie Policy

Legitimate interest as a legal basis for the lawfulness of Processing is justified with regard to the Personal Data to improve your user experience, the Website and BABU’s product and services. The fact that BABU Processes this Personal Data also benefits you as a visitor of the Website. Moreover, such Processing of Personal Data shall not create a risk to the fundamental rights and freedoms of you as a visitor of the Website or any other visitors of the Website.

The Processing of certain of the above-mentioned Personal Data by BABU and other information you might disclose, is necessary for the performance of the agreement. In the event you refuse to provide these Personal Data, BABU will not be able to comply with certain of its obligations (e.g. responding to your questions).

The consent you provide is always free, and you have the right to withdraw this consent at any time. Withdrawal of consent does not affect the Processing of Personal Data (i) prior to such withdrawal, (ii) based on a legitimate ground for Processing Personal Data, and (iii) in case of a legitimate interest of the Processing.

The above reasons may not be exhaustive, and BABU may at any time Process your Personal Data for any other legitimate reason. In such cases, BABU will notify you as soon as possible of the reason. Updates of this Statement may constitute such a notification.

5. RECEIVING AND SHARING PERSONAL DATA

BABU receives your Personal Data in cases as and when:

  • You visit the Website;
  • You contact us via email;
  • You contact us via telephone;
  • You contact us via our website;
  • You complete a voluntary satisfaction survey at one of our locations;
  • Via an BABU partner, such as Mollie and Typeform;
  • Via cookies;
  • Via newsletter subscription.

BABU will always share your Personal Data in a minimal way. However, to be able to follow through on your request or action on our Website, BABU may sometimes need to share Personal Data with third parties. Your Personal Data may also be shared within the BABU group. You therefore provide your express consent to share your Personal Data as described in this Statement.

Processors and Subprocessors of BABU always act under the responsibility of BABU. If BABU contracts Processors or Subprocessors, this will always be done in accordance with a Data Processor Agreement that meets the requirements of the GDPR and that protects your Personal Data as well as possible.

BABU may share your Personal Data with third parties, for storing and Processing your Personal Data, responding to your queries, sending content to you, and for optimizing our Website.

BABU will never share or sell your Personal Data with or to commercial enterprises.

If you are directed to another application, platform or website through the Website, other terms and conditions and other privacy and cookie policies may apply. You should take into account any such terms and conditions and privacy and cookie policies of such applications, platforms and websites. We encourage you to read these terms and conditions and privacy and cookie policies of the other applications, platforms and websites you visit. BABU may receive your Personal Data from such third parties.

6. DIRECT MARKETING

BABU will use your Personal Data for direct marketing purposes. It is possible that your Personal Data will be subject to profiling for marketing purposes. This enables BABU to keep you informed about its products, updates, events, etc. You give your explicit consent for this, but you may at any time withdraw this consent and object to the Processing of your Personal Data for direct marketing purposes, including profiling, to the extent that it is related to such direct marketing (free of charge).

You shall have the right at any time to object to the Processing of your Personal Data for direct marketing purposes, including profiling to the extent that it is related to such direct marketing, free of charge, by sending an email to hello@ba-bu.be.

7. TRANSFER OF PERSONAL DATA TO COUNTRIES OUTSIDE THE EUROPEAN ECONOMIC AREA (EEA)

In principle, BABU does not transfer your Personal Data to countries outside the EEA. It is, however, possible that BABU – through its Processors or Subprocessors – does transfer your Personal Data to countries outside the EEA. Should a less strict protection for Personal Data apply in a specific country than within the EEA, BABU will then ensure that the same level of protection is achieved (e.g. by concluding an agreement with the Processor located in a country outside the EEA).

8. HOW WILL MY PERSONAL DATA BE RETAINED?

BABU applies the following retention periods for your Personal Data:

Contact information

Maximum two (2) years after submission of your Personal Data.

and

Personal Data collected for direct marketing purposes will be retained as long as the consent is valid and has not been withdrawn.

Financial information

Maximum seven (7) years after receipt of the financial information.

Application related information

Maximum five (5) years after receipt of the application related information.

History and logs

Maximum two (2) years after visiting our Website.

Technical information

Maximum two (2) years after visiting our Website.

Cookies

For more information, reference is made to our Cookie Policy

BABU retains your Personal Data in its own databases and/or in the databases of its Processors or Subprocessors. You may ask BABU to provide a copy of the list of these Processors and Subprocessors at any time.

9. HOW ARE MY PERSONAL DATA SAFEGUARDED?

BABU has developed appropriate technical and organizational measures, safeguards and assurances to Process your Personal Data in accordance with applicable Belgian and European regulations, in particular to protect your Personal Data against loss, misuse, or unauthorized alteration.

BABU makes all reasonable and appropriate efforts to protect the confidentiality of your Personal Data.

Despite the technical and organizational measures taken by BABU, you should be aware that there are always risks associated with sending Personal Data over the Internet. The security and protection of your Personal Data can never be fully guaranteed.

10. WHAT RIGHTS DO I ENJOY?

If and in as far as provided for in the applicable Belgian and European regulations, you have the right:

a) to receive confirmation as to whether BABU Processes your Personal Data and, where this is the case, to access the Personal Data that BABU Processes;

b) to corrections by BABU, without undue delay, of any inaccurate or incomplete Personal Data;

c) to have your Personal Data deleted by BABU;

d) to obtain your Personal Data and to transfer them to another Controller or Processor;

e) to obtain a limitation of the Processing of your Personal Data from BABU, to the extent possible subject to applicable Belgian and European regulations;

f) to receive your Personal Data in a structured, common and machine-readable format;

g) to prevent the Processing of your Personal Data and the use of your Personal Data for direct marketing purposes.

You may exercise these rights by contacting the privacy officer and providing him or her with a copy of your identity card (e.g. no identification number may be visible).

If and to the extent provided for in the applicable Belgian and European regulations, you have the right to file a complaint with the competent supervisory authority should the Processing of your Personal Data violate the applicable regulations. In Belgium, this is the Data Protection Authority (“Gegevensbeschermingsautoriteit”) https://www.dataprotectionauthority.be.

11. AMENDMENTS TO THIS STATEMENT

BABU may amend this Statement at any time. The date of the most recent version is shown in the top right-hand corner of the Statement. Amendments are posted on the Website to keep you informed at all times of the information that BABU collects and of how it uses and shares this information.

Amended versions of this Statement take effect ten (10) days after their publication on the Website. Where required they will always be submitted for approval.

12. CONSENT FOR DISCLOSURE

You acknowledge, confirm, and expressly consent that we may disclose your Personal Data if this is required by law, or if BABU determines in good faith that such disclosure is required in order:

a) to comply with any pending judicial inquiry, judicial order or litigation pertaining to the Website;

b) to compel observance of the general terms and conditions of BABU;

c) to respond to claims against BABU regarding Personal Data that violate any rights of third parties;

d) to safeguard the rights, property and safety of BABU, its employees, users, and the general public.

BABU may disclose your Personal Data to competent police or judicial authorities or other official government authorities if BABU deems this useful or necessary, in its sole discretion, for the investigation of fraud, intellectual property infringement or any other harmful activity, or if BABU reasonably suspects that such activity may expose BABU or you to any liability.

13. LIABILITY

If BABU has legitimately transmitted your Personal Data to a third party (not being a Processor or Subprocessor), BABU shall not be liable for any unlawful Processing or unlawful use by that third party.

Under no circumstances does BABU accept responsibility for any direct or indirect damage resulting from faulty or unlawful use of the Personal Data by a third party (not being a Processor or Subprocessor).

BABU is also not liable when third parties Process or use your Personal Data illegitimately and BABU has taken the appropriate technical and organizational measures to go against such illegitimate Processing or use.

BABU is in any case only liable for the damage caused by Processing of Personal Data if it did not comply with its specific obligations of GDPR. BABU shall in no event be liable for any special, incidental, indirect or consequential losses or damages.

14. APPLICABLE LAW AND COMPETENCE CLAUSE

This Statement shall be governed, interpreted, and implemented in accordance with Belgian law, which applies exclusively in the event of any dispute.

The Courts of West-Flanders division Bruges are exclusively competent to decide on any dispute that may arise from the interpretation or implementation of this Statement, without prejudice to the consumer’s right to present a dispute before the competent court on the basis of a mandatory statutory provision.