Privacy Policy | Emma's Garden

1. Parties and subject matter

VADIGRAN NV (hereinafter "Emma’s Garden" or the "Controller")
Alfred Algoetstraat 36, 1750 Lennik

CBE/VAT: BE 0431.312.379
Email: info@vadigran.be
Telephone: +32(0)68 26 96 40

Emma’s Garden establishes this Privacy Policy, which is intended to transparently inform Users about the website hosted at the following address: www.emmas garden.be, (hereinafter the "Site"), and about how personal data are collected and processed by Emma’s Garden.

The term "User" refers to any user, whether it involves a natural or legal person, that visits the Site or communicates with the Site in any manner.

In its capacity of Controller, Emma’s Garden determines all technical, legal and organisational means and the purposes of processing the personal data of the Users. Emma’s Garden undertakes to take all measures necessary to ensure that the processing of personal data is carried out in accordance with the Law of 30 July 2018 on the protection of natural persons with regard to the processing of personal data (hereinafter the "Law") and the 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 (i.e. the General Data Protection Regulation or 'GDPR'; hereinafter the "Regulation").

Emma’s Garden is free to choose a natural or legal person that processes the personal data of the Users at its request and on its behalf (hereinafter the "Processor”) Where applicable, Emma’s Garden undertakes to select a Processor that provides sufficient guarantees regarding the technical and organisational measures for processing personal data, in accordance with the Law and the Regulation.

2. Processing of personal data

The use of the Site by the Users may lead to the collection of personal data. The processing of such data by Emma’s Garden, in its capacity of Controller or by service providers acting in the name and on behalf of Emma’s Garden, is performed in accordance with the Law and the Regulation.

Personal data are processed by Emma’s Garden for the purposes set out below, using the following methods:

Contact form

3. Purpose of processing personal data

In accordance with article 13 of the Regulation, the purposes of the processing of personal data shall be communicated to the User. Those purposes are the following:

to ensure the performance of the services provided on the Site

4. Personal data that may be processeS

The User agrees that, during the visit and use of the Site, Emma’s Garden collects and processes the following personal data:

name, surname, email address, telephone number

Emma’s Garden collects and processes these personal data in accordance with the terms and conditions and the principles described in this Privacy Policy.

5. Consent

By accessing and by using the Site, the User acknowledges that he/she has read and granted his/her freely given, specific, informed and unambiguous consent to the processing of his/her personal data. This agreement relates to the contents of this Privacy Policy.

Consent is given by the active and affirmative action by which the User ticks the check box for the Privacy Policy in 'hypertext link'. This consent is an essential condition for carrying out certain operations on the Site or for enabling the User to enter into a contractual relationship with Emma’s Garden. Any agreement binding Emma’s Garden and a User with respect to the services and goods made available on the Site is subject to the User's acceptance of the Privacy Policy.

The User agrees that, in accordance with the terms and conditions and the principles contained in this Privacy Policy, the Controller collects and processes his/her personal data, which he/she discloses on the Site or in connection with the services offered by Emma’s Garden, for the purposes stated above.

The User has the right to withdraw this consent at any time. The withdrawal of this consent shall not affect the lawfulness of the processing based on the prior consent.

6. Retention period of the personal data of the Users

In accordance with article 13(2) of the Regulation, the Controller shall retain the personal data only for the period reasonably necessary for the fulfilment of the purposes for which they are processed.

In any event, this period shall not exceed 12 months from the last customer contact.

7. Recipients of data and disclosure to third parties

Personal data may be transmitted to employees, co-workers, subcontractors, processors or suppliers of Emma’s Garden to the extent that adequate guarantees are offered for the protection of the data and to the extent that they cooperate with Emma’s Garden in the context of the marketing of the products or the provision of services. They act under the direct authority of Emma’s Garden and are responsible, in particular, for collecting, processing or subcontracting these data.

In any event, the recipients of the data and those to whom the data are disclosed, shall comply with the content of this Privacy Policy. Emma’s Garden shall ensure that they process these data solely for the purposes pursued and in a discreet and secure manner.

In the event that the data are disclosed to third parties for direct marketing or prospecting purposes, the User will be informed beforehand so that he or she can give his or her prior and express consent to this use of personal data.

8. Rights of the Users

The User may at any time exercise his or her rights by sending an email to the following address: www.Emma’s Gardenpetandplanet.com, or by sending a letter by post to the following address, thereby attaching a copy of his or her identity card: Alfred Algoetstraat 36, 1750 Lennik.

a. Right of access

In accordance with article 15 of the Regulation, Emma’s Garden guarantees the User's right to access his or her personal data. The User has the right to access these personal data as well as the following information:

the categories of personal data concerned;
the recipients or categories of recipients to whom the personal data have been or will be disclosed;
in case the recipients are established in third countries or are international organisations, the appropriate or suitable safeguards;
if possible, the proposed retention period for personal data or, if this is not possible, the criteria by which this period is determined;
the existence of automated decision-making, including profiling, referred to in article 22(1) and (4) of the Regulation and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.

The Controller may charge a reasonable fee taking into account the administrative costs of providing further copies requested by the User.

Where the User makes this request by electronic means (e.g. through the email address), and unless otherwise requested by the User, the information shall be provided in a commonly used electronic form.

Copies of the data shall be provided at the latest within one month of receipt of the User's request.

b. Right to rectification

Emma’s Garden guarantees the right to rectification and erasure of personal data to the User.

In accordance with article 16 of the Regulation, incorrect, inaccurate or irrelevant data may be rectified or erased at any time. The User first makes the necessary changes himself or herself from his or her user account, unless these changes cannot be made independently, in which case the request can be directed to Emma’s Garden.

In accordance with article 19 of the Regulation, the Controller shall notify any rectification of personal data carried out to each recipient to whom the personal data have been disclosed, unless such rectification proves impossible or involves disproportionate effort. The Controller shall inform the data subject about those recipients if the data subject so requests.

c. Right to erasure

The User shall have the right to obtain the erasure of his or her personal data without undue delay wherever one of the grounds listed in article 17 of the Regulation applies.

Where the Controller has made the personal data public and is obliged pursuant to the previous paragraph to erase these personal data, the Controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform other controllers who are processing such personal data that the data subject has requested the erasure by such controllers of any links to, or copy or replication of, those personal data.

The two preceding paragraphs shall not apply to the extent that such processing is necessary:

for exercising the right of freedom of expression and information;
for compliance with a legal obligation which requires processing by Union or Member State law to which the Controller is subject or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the Controller;
for the establishment, exercise or defence of legal claims.

In accordance with article 19 of the Regulation, the Controller shall notify any erasure of personal data or restriction of processing carried out to each recipient to whom the personal data have been disclosed, unless such notification proves impossible or involves disproportionate effort. The Controller shall inform the data subject about those recipients if the data subject so requests.

d. Right to restriction of processing

The User shall have the right to obtain restriction of processing where one of the grounds listed in article 18 of the Regulation applies.

In accordance with article 19 of the Regulation, the Controller shall notify any restriction of processing carried out to each recipient to whom the personal data have been disclosed, unless such notification proves impossible or involves disproportionate effort. The Controller shall inform the data subject about those recipients if the data subject so requests.

e. Right to data portability

In accordance with article 20 of the Regulation, Users shall have the right to receive their personal data in a structured, commonly used and machine-readable format from Emma’s Garden. Users shall have the right to transmit those data to another controller without hindrance from Emma’s Garden, in the cases listed in the Regulation.

In exercising his or her right to data portability pursuant to the previous paragraph, the User shall have the right to have personal data transmitted directly from one controller to another, where technically feasible.

The exercise of the right to data portability shall be without prejudice to the right to erase data. That right shall not apply to processing necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the Controller.

The right to data portability shall not adversely affect the rights and freedoms of third parties.

f. Right to object and automated individual decision-making

The User shall have the right to object, on grounds relating to his or her particular situation, at any time to the processing of his/her personal data, including the automation of data by Emma’s Garden. In accordance with article 21 of the Regulation, Emma’s Garden shall no longer process the personal data unless there are compelling legitimate grounds for the processing which override the interests, rights and freedoms of the User or for the establishment, exercise or defence of legal rights.

Where personal data are processed for prospecting purposes, the User shall have the right to object at any time to the processing of personal data concerning him or her for such prospecting purposes, which includes profiling to the extent that it is related to such prospecting.

Where the data subject objects to processing for prospecting purposes, the personal data shall no longer be processed for such purposes.

g. Right to lodge a complaint

The User shall have the right to lodge a complaint regarding the processing of his or her personal data by Emma’s Garden with the Data Protection Authority competent for the Belgian territory. More information can be found on the website: https://www.dataprotectionauthority.be/.

Complaints can be lodged at the following addresses:

Data Protection Authority
Drukpersstraat/Rue de la Presse 35, 1000 Brussels
Tel. + 32 2 274 48 00
Fax. + 32 2 274 48 35
Email: contact@apd-gba.be

The User can also bring an action for an injunction before the president of the court of first instance of his or her place of residence.

9. Cookies

The Site uses cookies to distinguish Users of the Site. This makes it possible to provide Users with a better browsing experience and improve the Site and its content. The purposes and methods of use of cookies are outlined in this article.

a. General principles

A "cookie" is a file that is temporarily or permanently placed on the User's device when the latter consults the Site, for the purpose of a subsequent connection. Thanks to cookies, the server recognises the User's device.

Cookies can also be installed by third parties with whom Emma’s Garden cooperates.

Some of the cookies used by Emma’s Garden are essential for the proper functioning of the Site, others are necessary to improve the User's experience.

The User can customise or disable cookies.

By using the Site, the User expressly consents to the management of cookies as described in this article.

b. Types of cookies and purposes pursued

Different types of cookies are used by Emma’s Garden on the Site:

Technical cookies: these are essential for the proper functioning of the Site, allow the data entered to be communicated and are intended to enhance the User's navigation experience;
Functional cookies: these cookies facilitate the use of the Site by remembering certain choices made (e.g. the user name or language);

c. Cookie retention period

Cookies are kept for the time necessary to fulfil the purpose pursued. The cookies that may be saved on the User's hard drive and the corresponding retention periods are:

Functional cookies: only until the end of the session

d. Cookie management

If the User does not want the Site to place cookies on his/her hard drive, he/she can easily manage or delete them by adjusting his or her browser settings. The User can also adjust the browser settings to provide notification whenever a website uses cookies and can thus decide to accept or decline them.

If the User chooses to disable certain cookies, he/she accepts that the Site may not function optimally. Some parts of the Site may not work or only to a limited extent.

If the User wishes to manage and/or remove certain cookies in this way, he/she can do so via the following link(s):

For Users having as browser:

Internet Explorer: http://windows.microsoft.com/en-us/windows-vista/block-or-allow-cookies
Microsoft Edge: http://windows.microsoft.com/en-gb/windows-10/edge-privacy-faq
Chrome: https://support.google.com/accounts/answer/61416?hl=fr
Firefox: https://support.mozilla.org/fr/kb/activer-desactiver-cookies-preferences
Safari: https://support.apple.com/kb/ph21411?locale=fr_CA

If the User refuses to allow the use of Google Analytics cookies, he or she will be invited to configure his or her browser to disable Google Analytics at the following website: http://tools.google.com/dlpage/gaoptout.

10. Limitation of the Controller's liability

The Site may contain links to other third-party websites that are not linked to Emma’s Garden. The content of these sites and compliance with the Regulation and the Law are not the responsibility of Emma’s Garden.

The person exercising parental authority over a minor under 16 years of age must give his or her express consent to the minor to disclose personal information or data through the Site. Emma’s Garden strongly recommends that persons exercising parental authority over minors promote responsible and secure use of the Internet. The Controller cannot be held liable for collecting and processing personal information and data of minors under 16 years of age whose consent is not effectively covered by the consent of their parents or legal guardians, nor for inaccurate data - particularly with regard to age - entered by minors. Under no circumstances will personal data be processed by the Controller if the User indicates that he or she is under 16 years of age.

Emma’s Garden shall not be responsible for the loss, damage or theft of personal data, in particular due to the presence of viruses or following computer attacks.

11. Safety and security

The Controller shall take appropriate technical and organisational measures to ensure an adequate level of protection for the processing and collection of data. These safety measures depend on the cost of implementation taking into account the nature, context and purposes of the processing of data.

The Controller uses encryption technologies that are standard within the IT sector when transferring or collecting data on the Site.

12. Amendment of Privacy Policy

Emma’s Garden reserves the right to amend this Privacy Policy in order to comply with the legal requirements in this regard. The User is therefore invited to regularly consult the Privacy Policy in order to remain informed of any changes and amendments. Such changes will be posted on the Site or communicated by email to ensure opposability.

13. Governing law and competent court

This Privacy Policy shall be governed exclusively by Belgian law. Any dispute arising shall be brought before the courts of the judicial district of the registered office of Emma’s Garden.

14. Contact

For any questions or complaints regarding this Privacy Policy, the User can contact the Controller at the following address: info@vadigran.be.

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