Privacy statement

(last modified on: June 18, 2023)

1     Introduction

1.1 General

The website decanted.wine (hereinafter the "Website") and/or the services are offered by Eastbound Consulting BV (hereinafter "we" and "us"). Any person who visits our Website (hereinafter the "Visitor") as well as any person who uses our services (hereinafter the Customer almost inevitably discloses certain personal data. These personal data constitute 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. A Visitor and Customer are also referred to collectively as "you/your" in this privacy statement.

When we process your personal data, the General Data Protection Regulation ("GDPR") and other relevant legal provisions apply. Any reference in this privacy statement to the GDPR is a reference to the Regulation of April 27, 2016 on the protection of natural persons 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.

Through this privacy statement, we want to inform you in a transparent way about the processing activities that we, as data controller (controller), may carry out. In other words, when we decide "why" and "how" personal data should be processed.

1.2 What are 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 allows you to be identified. Personal data includes obvious information, such as your name and contact information, as well as 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. You will find the date of the current version at the top ("Last modified on"). 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.

2     Contact details

Our Website and services are offered and operated by Eastbound Consulting BV. We are registered in Belgium under registration number 0743.943.775 and our registered office is located at Einde Were 3/302, Ghent.

You can contact us:

(a) via the contact form on our Website; or

(b) by e-mail, using privacy at decanted.wine.

3 What personal data is processed and how is it used?

3.1 Information processing

<Technical data through the use of (non-) necessary cookies>

We may collect and process the following 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 about 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.

(Besides the use of non-necessary cookies, we also use strictly necessary cookies so that the Website van function technically.)

As a legal basis, we rely on onsent obtained through our cookie banner for non-emergency cookies.

For the retention period, we refer to the Cookie statement on this Website.

<Communication data>

We may collect and process the following data:

  • your name;

  • your email.

The source of the communication data is the information you provide to us when you contact us.

Communication data may be processed for the purpose of this communication with you and record keeping.

As a legal basis, we rely on our legitimate interest, to respond to requests, questions or comments or to contact you for questions of any kind (e.g., when you contact us via social media, phone or email).

As a retention period, we keep this personal data for 1 year after the response.

Notwithstanding the above, we may retain your personal data where this would be necessary for the establishment, exercise or defense of legal claims, whether in judicial 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.

3.2 Processors

A processor is a natural person or legal entity that 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 according to 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 analytical purposes.

4 Providing your personal data to third parties

We will not share your personal data with third parties (other than processors) for any purposes, subject to the following exceptions.

In some circumstances, we may be required by law to share certain personal data, including yours, if we are involved in legal proceedings or for compliance with legal obligations, a court order or the instructions of a government agency.

5 International transfer (outside EEA) of your personal data

We will only store or transfer your personal data within the European Economic Area (the "EEA"). The EEA consists of all EU member states plus Norway, Iceland and Liechtenstein. This means that your personal data will be fully protected under the GDPR or according to equivalent legal standards.

6 Your rights

Some rights are complex and not all details are included here. Therefore, please read the relevant provisions and guidelines of supervisory authorities for a full explanation of these rights.

You may exercise your rights with respect to your personal data by notifying us in writing at privacy at decanted.wine.

We will respond to your request within one month of receiving your request. We normally aim to provide a full response within that time. However, in some cases, especially 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 progress.

6.1 Right of access

You have the right to confirm whether or not we process your personal data and, where we do, to access the personal data, along with certain additional information. This additional information includes details of the purpose of the processing, the categories of personal data involved 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.

6.2 Right of rectification

You have the right to have inaccurate personal data about you corrected and, taking into account the purposes of processing, to have incomplete personal data about you completed.

6.3 Right to erasure (right to be forgotten)

In some circumstances, you have the right to have your personal data erased without undue delay. These circumstances include:

  • the personal data are no longer necessary in connection with the purposes for which they were collected or otherwise processed;

  • you withdraw your consent to processing based on consent;

  • you object to processing under certain rules of applicable data protection law (the GDPR);

  • the processing is for direct marketing purposes;

  • the personal data were processed unlawfully;

  • the personal data were collected in the case of a direct offer of services to a child and the processing is thereby based on consent;

  • personal data must be deleted to comply with a legal obligation incumbent upon us.

However, there are exclusions to the right to erase data. The general exclusions include circumstances where processing is necessary:

  • for the exercise of the right to freedom of expression and information;

  • for compliance with a legal obligation imposed on us;

  • for the establishment, exercise or defense of legal claims;

  • for archiving in the public interest, scientific or historical research or statistical purposes;

  • for public health reasons.

6.4 Right to restrict processing

In some circumstances, 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 erasure;

  • we no longer need the personal data for our processing, but you need personal data for the establishment, exercise or defense 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 either:

  • with your consent;

  • for the establishment, exercise or defense of legal claims; for the protection of the rights of another natural or legal person; or

  • for important reasons of public interest.

6.5 Right to object to processing

You have the right to object to our processing of your personal data for reasons relating to your particular situation, but only to the extent that the legal basis for the processing is that the processing is necessary for the purposes of legitimate interests pursued by us or by a third party. If you raise such an objection, we will stop processing the personal data unless we can demonstrate that there are compelling legitimate grounds for the processing which outweigh your interests, rights and freedoms, or that the processing is for the establishment, exercise or defense of legal claims.

In addition, you have the right to object to our processing of your personal data for direct marketing purposes (including profiling for direct marketing purposes). If you object, we will stop processing your personal data for this purpose.

Furthermore, you have the right to object to our processing of your personal data for scientific or historical research purposes or statistical purposes for reasons related to your particular situation, unless the processing is necessary for the performance of a task carried out in the public interest.

6.6 Right to data portability

To the extent that the legal basis for our processing of your personal data is based on:

  • consent;

  • the processing is necessary for the performance of a contract to which you are a party, or to take action at your request before entering into a contract; or

  • such processing being automated,

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 it would interfere with the rights and freedoms of others.

6.7 Right to file a complaint with a supervisory authority

If you believe that our processing of your personal data violates the General Data Protection Regulation (GDPR), you have the right to lodge a complaint with a supervisory authority responsible for data protection.

In Belgium, the supervisory authority is the Data Protection Authority (GBA). Data subjects from other Member States have the right to complain to their own national supervisory authority. For an overview of the contact details of these authorities, click on this link.

Data Protection Authority (GBA).

Press Street 35, 1000 Brussels

+32 (0)2 274 48 00

contact@apd-gba.be

https://www.gegevensbeschermingsautoriteit.be

6.8 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 this consent at any time. Revocation does not affect the lawfulness of the processing prior to the revocation.

© 2023 theJurists - IT-law, Intellectual Property, Privacy & e-Compliance (https://www.dejuristen.be/). he information provided is copyrighted by law, so it may not be reproduced or communicated without the prior written consent of deJuristen (contact@dejuristen.be). All applicable intellectual property rights are therefore retained.