Privacy policy

Last update 8th April 2021

By using some of our services, by contracting with us, and / or by accepting our general conditions, you agree to be bound without reservation to this Privacy Policy.

Introduction

As a customer or visitor to our website, we wish to inform you, we respect your rights and allow you to control what happens to your personal data, in accordance with the RGPD law 2016 / 679 of April 27^th 2016 relating to the privacy protection of individuals with regard to the processing of personal data (hereinafter, called the "GDPR").

This Privacy Policy (hereinafter, the “Privacy Policy”, or the “Policy”) therefore aims to inform all the individuals concerned (hereinafter referred as “ you "or "your"), on the way in which VIGASUN SRL (hereinafter referred to as "us"or "our") collects and uses personal data in the course of its activities and on the means by which the person concerned physical body has to control this use.

1. Scope of this privacy policy

The concept of personal data (hereinafter called “Personal Data” or “Data”) designates any information relating to an identified or identifiable natural person. A person is "identifiable" when he can be identified, directly or not, particularly by reference to one or more elements which are specific to this person.

To avoid any misunderstanding, this Privacy Policy is only applied in the context of our relations with natural persons.

2. Who is responsible about your data

The data controller is VIGASUN SRL, whose registered office is located at Sperwerstraat 4  – 9000 Genth Belgium, registered under the company number TVA (BE) 0763.500.064 and who can be contacted by email info@vigasun.eu or by phone at +32 (0)9.396.70.20 (during the indicated opening hours) or by one of their websites.

3. Who is protected by this privacy policy ?

This Privacy Policy is only applied to Personal Data that we collect and process as the data controller, relating to our services, to visitors of our websites www.parasol-easy-sun.eu, www.parasol -sun-garden.co.uk, www.parasol-sun-garden.es and www.sun-garden-parasol.nl (hereinafter called the "Site").

4. What do we mean by « processing personal data » ?

By “processing of Personal Data”, we mean any processing of data which can identify you as a natural person, namely:

• Your first and last name
• Your address for delivery and / or invoicing of your orders for items sold by VIGASUN SRL
• Your phone number
• Your email address
• Your IP address, the names of cookies saved in your browser and the security information for your user account (but we do not know your secure password).

By "processing" we mean the collection, recording, organization, conservation, updating, modification, consultation, use, archiving, erasure, or definitive destruction of this data.

5. Which personal data may we collect and process ?

5.1. Personal data you share with us

We collect the Data that you transmit to us within the context of our activities, following the use of or the request to our Services, the placing of an order, the subscription to a newsletter, the sending of a form of contact, creating a user account or simply voluntarily. This can be done by phone, by written request or electronic mail (for example, when you send us a letter, an e-mail), by

5.2. Personal data of non-customers

We can collect Personal Data of people who are not (yet) customers by different ways, for example contests, promotions / actions, on our website or social networks, in order to offer them the most relevant offers of our Services. In this context, we guarantee your right to information and we impose it contractually - insofar as it is applicable - with your possible authorization required by the law to third parties who would collect your data  (for us) in this context .

6. The purposes for which we use your personal data

6.1. A. Proportional processing

We process personal data for different types of purposes. Each time, we only process the data that is essential to achieve the intended processing purpose. Therefore, we use Personal Data when necessary:

• in the context of preparation, execution or finalization of our services;
• in order to meet legal or regulatory requirements to which we are subject; and or
• to defend our legitimate interests, in which case we always take care to preserve a balance between these interests and the respect of your privacy, in particular if you are a minor.

If the processing of your Personal Data is not essential for one of these three purposes, we always ask for your authorization to process this data.

6.2. Our processing activities

More specifically, we collect personal data for following purposes:

• execution and management of contracts and customers, namely their administration, including accounting and tax, order management, contract monitoring and invoicing, responding to customer requests (including through the online contact forms);
• carrying out studies, statistics, maintenance and improvement of our products, services, websites, as well as for personalization, creation of user profiles, optimization of general, commercial and marketing strategies, including the creation and management of user accounts, loyalty programs, targeted promotions, and others;
• navigation, user-friendliness and optimization of the websites, its functionality and its space reserved for holders of user accounts;
• prospecting (direct marketing), such as sending advertisements, newsletters and information, invitations, targeted or not, by electronic ways, sms, social networks and / or post, for offers, promotions and / or other activities of the company, with your consent and / or in the legitimate interest of the Company to promote its services to its customers;
• securing our products, services, website, and other applications;
• compliance with all legislation applicable to our company;

7. How do we protect your personal data ?

7.1. Our technical and organizational measures

We do everything that is possible to protect your personal data and your privacy against destruction, loss, unintentional modification, damage, accidental or unauthorized access or any other unauthorized processing of Personal Data.

Our employees have been trained for a correct manage confidential data. We also apply various technical measures to protect your personal data against illicit access and use, loss or theft, namely: password protection, hard drive encryption software, firewall, antivirus , detection of intrusions and anomalies and access controls for our employees. In case of a data leak with harmful consequences for your Personal Data, you are personally warned as a customer in the statutory circumstances.

Data management and storage software is continually updated.

The number of VIGASUN SRL employees having access to your personal information is limited and our employees are preciously selected. They only have access to your Personal Data to the extent that they need this information to properly perform their tasks.

7.2. Where do we store your personal information ?

Your Personal Data is stored in computer servers located at our head office and by our website hoster COMBELL at Ghent, Belgium.

8. On what legal basis do we collect and process your personal data ?

Personal Data is collected with your agreement and as a result of the execution of the contractual relationship between us, or, where applicable, based on the agreement given by any person who has completed one or more forms from the website.

When processing is not necessary for this contractual performance, then it is based on the legitimate interests of VIGASUN SRL as a professional, in particular that of information and monitoring of your files, management and prevention of fraud, ensuring efficiency in performing our contracts, providing our Services and complying with our legal obligations, identifying the means enabling us to improve services to our customers, protecting our commercial, financial and economic interests.

9. Do we sell your personal data to any third parties or do we pass them on ?

9.1. Data transfer

We do not sell any Personal Data to third parties. We also do not transfer them to third parties, except (if):

• This is necessary for the successful completion of VIGASUN SRL Services. We may be required to transmit some personal data to third parties processing data in the name and on behalf of VIGASUN SRL (such as a database manager, an advertising agency, or any other service providers), to stakeholders in your contract (such as suppliers, subcontractors for the performance of the Services), etc.
• Your Data is only transmitted for to achieve the purpose(s) requested by VIGASUN SRL. This Data will then be transmitted to third parties for the sole purposes of carrying out the mission delegated to them by VIGASUN SRL.
• There is a legal obligation, in particular as regards the fight against money-laundering.
• There is a legitimate interest for VIGASUN SRL or for the concerned third party.
• We will only transmit your personal data if your interest or your fundamental rights and freedoms do not prevail, and you will always be informed of it in all transparency (except in the case of legal exceptions). Your personal data may so, for example, be transmitted to partners, collection offices and legal service providers, as well as to partners with whom we collaborate in the context of a specific action.

9.2. International processing of your personal data

In case Personal Data is processed outside the European Union, we ensure by contractual or other measures that these data benefit from an appropriate level of protection, comparable to the protection from which they would benefit in the European Union in accordance with European regulations.

10. Security measures in case of subcontracting

When data processing needs to be carried out on our behalf, VIGASUN SRL only uses subcontractors who offer sufficient guarantees concerning the implementation of appropriate technical and organizational measures so that the processing meets the requirements of this Policy and guarantees the protection of your rights.

11. How do you determine which personal information we may use  for general information purposes and how ?

11.1. VIGASUN SRL’s advanced privacy setting

You have the possibility to determine the parameters of confidentiality of your Personal Data, by contacting us or via your personal user account available on our Site.

If technically you have the ability to determine the purposes for which we can collect and process your Data, in order to avoid any misunderstanding, we would like to clarify that this limitation must nevertheless be assessed in accordance with our legal obligations as well as the need to perform the Services of VIGASUN SRL.

11.2. Unsubscribe to our marketing communications

If you do not / no longer wish to receive any form of commercial communication, you have the right to object at any time, without reason, in the whole or part of the use of your Personal Data by VIGASUN SRL for direct marketing purposes. To do this, simply contact us:

• Online, by your user account, or at the bottom of the commercial notifications sent to you, by clicking on the “unsubscribe” link and / or by modifying your “settings”; Or
• By email to info@vigasun.eu ;

Please note: the fact that you no longer wish to receive communications of this type from us obviously does not prejudice our right to contact you by electronic means in the context of the performance of the Services or if we are required by law to do so.

12. How long do we keep your personal information ?

We cannot keep your Personal Data beyond the time that is needed to achieve the purpose of the initial collecting. The retention period may therefore differ depending on the intended purpose:

• Compliance with our legal obligations: in order to achieve our accounting and tax obligations, we are, for example, required to keep your billing data for a maximum of 7 years;
• Legal requirement: to keep some data (in particular your contract, your invoices and your correspondence concerning complaints on this subject) as proof in the event of disputes, up to 10 years maximum after the finalization of the Services of VIGASUN SRL.

However, these archived data have limited access.

At the end of the applicable retention periods, the Personal Data is deleted or made anonymous.

13. Whaty are your rights regarding privacy and how to exercise them ?

13.1. Overview of your Privacy rights

Your right of access

You have the right to ask us at any time whether or not we are processing your Personal Data and, if we are, to consult this Data and to receive additional information concerning:

• the purposes for which we treat them;
• the relevant categories of personal data;
• recipients or categories of recipients (in particular recipients in third countries);
• if possible, the retention period or, if this is not possible, the criteria for determining this period;
• the existence of your privacy rights;
• the right to complaint with the supervisory authority;
• the information we have on the data source if we obtain personal data via a third party and
• the existence of an automatic decision-making process.

You also have the right to obtain a free copy of the processed data, in an understandable form.

Your right to update personal information

You have the right to correct immediately incomplete, erroneous, inadequate or old Personal Data, either online by your user account by making the necessary modifications yourself, or by contacting us directly by e-mail at info@vigasun.eu

To keep your data up to date, we ask you in any case to communicate us any modification, such as a move, the modification of your e-mail address or a change of your identity card.

Your right to erase your personal data (the right « to be forgotten”)

You have the right, in the following cases, to have your Personal Data erased / deleted:

• your Personal Data is no longer necessary for the achievement of the purposes for which it was collected or processed by VIGASUN SRL;
• you have withdrawn your consent to the processing and there is no other legal basis for the processing on the part of VIGASUN SRL;
• you have validly exercised your right to object and there is no other legal basis for processing by VIGASUN SRL which prevails;
• your Personal Data has been illegally processed;
• your Personal Data must be erased for a legal obligation;
• your Personal Data was collected while you were still a minor.

Please note that we cannot always delete all Personal Data requested, for example when their processing is essential for the establishment, exercise or defence of legal claims or because we are legally obliged to do so. We will provide you more information about this in our response to your request.

Your right to limit processing

You have the right to obtain the limitation of the processing of your Personal Data if one of the following elements is applicable:

• you dispute the accuracy of this Personal Data: their use is then limited for a period allowing VIGASUN SRL to check the accuracy of the Data;
• the processing of your Data is illegal: instead of requesting the erase of your Data, you ask their use be limited;
• VIGASUN SRL no longer needs your Data for the initial purposes of the processing, but you need it for the establishment, exercise or defence of legal claims: instead of requesting the deletion of the Data, their use is limited to the establishment, exercise or defence of legal claims;
• as long as no decision has been taken concerning the exercise of your right to oppose the processing, you ask the limitation of the use of your Personal Data.

Your right about personal data portability

You have the right to "recover" your Personal Data, for example to be able to change easily of providers. This is only possible for Personal Data that you have provided yourself to VIGASUN SRL, based on an authorization or service entrusted to VIGASUN SRL. In all other cases, you cannot therefore benefit from this right (for example, when the processing of your data occurs of a legal obligation).

• you can ask VIGASUN SRL to recover the Personal Data concerned in a structured, commonly used and machine-readable format; and
• you can ask VIGASUN SRL to directly transmit the concerned Personal Data concerned to another controller. In this context, you are personally responsible for the accuracy and security of the (e-mail) address you provide for the transfer. VIGASUN SRL has the right to refuse your request if the transfer is technically impossible.

Your right to object the processing of your personal data

You have the right, in case of your particular situation, to object to the processing of your Personal Data when the processing is carried out of the framework of the legitimate interest of VIGASUN SRL or of general interest. VIGASUN SRL will suspend the processing of your Personal Data, unless VIGASUN SRL can demonstrate that there are legitimate and compelling reasons for the processing which prevail over yours or if the processing of Personal Data is linked to the observation, exercise or defending legal rights (for example, filing an action in court).

Your right to withdraw your consent

Vous pouvez retirer à tout moment votre consentement au traitement de vos Données personnelles. Le retrait de votre consentement n'entache pas la validité des opérations de traitement antérieures au retrait.

You can withdraw your consent to the processing of your Personal Data at any time. The withdrawal of your consent does not affect the processing operations prior to the withdrawal.

13.2. In practice

How can I exercise my rights concerning privacy ?

You can send us an e-mail at info@vigasun.eu. In order to exercise your right of access and to avoid any illicit publication of your Personal Data, we must verify your identity. In case of doubt or imprecision, we will first ask you for additional information (preferably a copy of the front of your identity card).

Are there any fees ?

You can exercise your rights of confidentiality free of charge, unless your request is manifestly unfounded or exaggerated, in particular because of its repetitive nature. In this case, we have the right and the choice - in accordance with the legislation on the protection of privacy - (i) to charge you a reasonable indemnity (taking into account the administrative costs linked to the provision of the information or the requested communication and the costs associated with taking the requested measures), or (ii) refusing to comply with your request.

In what format will I receive an answer?

If you introduced a request by mail, you’ll receive the answer and information by the same way, except if you asked it specifically in a different format. In any case we’ll send you a concise, transparent, understandable and easily access answer.

When will I receive an answer?

We react to your request as soon as possible, and in any case, within one month of receiving your demand. Depending on the complexity of the requests and their number, this period may be extended to two months if necessary. If the deadline is extended we will notify you within the month of receiving your request.

What can I do if VIGASUN SRL doesn’t answer my request ?

We will always inform you, in our response, about the possibility of lodging a complaint with the supervisory authority and appealing to the judge.

14. ask your questions to VIGASUN SRL

For any further information concerning this privacy policy or for any complaint concerning the processing of your personal data please contact us by e-mail at info@vigasun.eu or by phone (customer service - during the opening hours) : +32(0)9.396.70.20.

15. Stay informed concerning our updates

VIGASUN SRL may modify this Privacy Policy from time to time, for example in the context of market developments and new processing activities of VIGASUN SRL.

In such cases, we will spontaneously notify you of any modification to this Policy and / or (new) processing activities.

16. Supervisory authorithy

For any complaints relating to processing of your personal data, you can contact the Data Protection Authorithy / Autorité de protection des données, rue de la Presse 35, 1000 Brussels / +32 (0)2 274 48 00 / contact@apd-gba.be / www.autoriteprotectiondonnees.be.