Privacy Policy

PRIVACY POLICY

Updated on 12th december 2020

 

1. Parties and Purpose

 

High Jumper Sprl (hereinafter "Stud HERO")
Rue du Centenaire 95
4452 Paifve
Belgium
BE0816796220
 

Stud HERO establishes the present Privacy Policy, the purpose of which is to inform in full transparency the Users of the website hosted at the following address: https://studhero.auction, (hereinafter the "Site"), of the manner in which personal data is collected and processed by Stud HERO.

 

The term "User" refers to any user, either a natural or legal person, who visits or interacts in any way with the Site.

 

As such, Stud HERO determines all the technical, legal and organisational means and purposes of processing the personal data of Users. To this end, Stud HERO undertakes to take all necessary measures to ensure that the processing of personal data complies with the Law of 30 July 2018 on the protection of individuals with regard to the processing of personal data (hereinafter "the Law") and the European Regulation of 26 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (hereinafter "the Regulation").

 

PESSOA AUCTION is free to choose any natural or legal person who processes users' personal data at its request and on its behalf (hereinafter the "Subcontractor"). Where appropriate, Stud HERO undertakes to select a Subcontractor offering sufficient guarantees regarding the technical and organisational security measures for the processing of personal data, in accordance with the Law and the Regulations.

 

2. Processing of personal data

 

The use of the Site by Users may result in the communication of personal data. The processing of this data by Stud HERO, in its capacity as Data Controller, or by service providers acting in the name and on behalf of Stud HERO, will be in accordance with the Law and Regulations.

Personal data will be processed by Stud HERO, in accordance with the purposes mentioned below, via :

 

the newsletter registration form; the customer account creation form; the use of cookies; the sending of surveys or questionnaires; the sharing of free content.

 

3. Purpose of the processing of personal data

 

In accordance with article 13 of the Regulations, the purposes of the processing of personal data are communicated to the User and are as follows:

 

3.1 to ensure the performance of the services offered and agreed upon on the Site; 3.2 to monitor the performance of the services offered; 3.3 to carry out marketing and promotional information activities with the prior consent of the User until such consent is revoked, for example by sending promotions on the products and services of the Data Controller; 3. 3.6 to improve the quality of the Website and of the products and/or services offered by the Data Controller; 3.7 to allow better identification of the User's areas of interest.

 

4. Personal data that may be processed

 

The User consents, when visiting and using the Site, to Stud HERO collecting and processing, in accordance with the methods and principles described in this Privacy Policy, the following personal data:

 

4.1 The information of Users that they provide for contractual purposes and to enable the proper performance of reciprocal obligations, namely surname, first name, address, VAT number and bank details,... ; and more generally, any information voluntarily provided by the User; 4.2 The information of Users by filling in forms or by contacting by telephone, e-mail address or other means, for example the surname, address, e-mail address and telephone number of Users; 4.3 The information of Users by filling in forms or by contacting by telephone, e-mail address or other means, for example the surname, address, e-mail address and telephone number of Users; 4. 3 With respect to each User's visit to the Site, the information automatically collected is: a. IP address, browser type and model, time zone, operating system; b. All information regarding the pages that the User has consulted on the Site, including the URL, browsing time, etc.; c. All information regarding the User's use of the Site, including the User's name, address, e-mail address and telephone number; d. Information regarding the User's use of the Site, including the User's name, address, e-mail address and telephone number; e. Information regarding the User's use of the Site, including the User's name, address, e-mail address and telephone number; f. Information regarding the User's use of the Site, including the User's name, address, e-mail address and telephone number.

 

5. Consent

 

By accessing and using the Site, the User declares that he or she is aware of and agrees freely, specifically, informed and unequivocally to the processing of personal data concerning him or her. This agreement relates to the content of this Privacy Policy.

Consent is given by the positive act by which the User has ticked the box proposing the Privacy Policy in the hyperlink. This consent is an indispensable condition for carrying out certain operations on the Site or for enabling the User to enter into a contractual relationship with Stud HERO. Any contract between Stud HERO and a User relating to the services and goods offered on the Site is subject to the User's acceptance of the Privacy Policy.

 

The User consents to the data controller processing and collecting, in accordance with the methods and principles contained in this Privacy Policy, the personal data that he/she communicates on the website or during the services offered by Stud HERO, for the purposes indicated above.

 

The User has the right to withdraw his/her consent at any time. Withdrawal of consent does not compromise the lawfulness of the processing based on the consent previously given.

 

6. Duration of storage of Users' personal data

 

In accordance with Article 13 §2 of the Regulation and the Law, the Data Controller shall only keep personal data for the time reasonably necessary to enable the purposes for which they are processed to be fulfilled.

 

This duration is in any case less than : 1 year.

 

7. Recipients of the data and disclosure to third parties

 

Personal data may be passed on to Stud HERO's employees, collaborators, subcontractors or suppliers who offer adequate data security guarantees and who collaborate with Stud HERO in the marketing of products or the provision of services. They act under the direct authority of Stud HERO, and are in particular responsible for collecting, processing or subcontracting such data.

 

In all cases, the recipients of the data and those to whom the data has been disclosed will comply with the contents of this Privacy Policy. Stud HERO guarantees that they will process these data solely for the purposes intended, in a discreet and secure manner.

 

In the event that the data is disclosed to third parties for direct marketing or canvassing purposes, the User will be informed beforehand so that he can express his consent to the use of this personal data.

 

8. Users' rights

 

At any time, the User may exercise his rights by sending a message by e-mail to the following address: info@studhero.auction, or a letter by post, enclosing a copy of his identity card to the following address: Rue du Centenaire 95, 4452 Paifve, Belgium

 

a. Right of access

 

In accordance with article 15 of the Regulations, Stud HERO guarantees the User's right of access to his/her personal data. The User has the right to obtain access to the said personal data as well as the following information:

 

  • the purposes of the processing ;
  • the categories of personal data concerned;
  • the recipients or categories of recipients to whom the personal data has been or will be communicated, in particular recipients who are established in third countries or international organisations;
  • where possible, the intended period of storage of the personal data or, where this is not possible, the criteria used to determine that period;
  • the existence of automated decision making, including profiling, as referred to in Article 22(1) and (4) of the Regulation, and, at least in such cases, relevant information concerning the underlying logic, as well as the importance and the expected consequences of the processing for the data subject

 

The Data Controller may charge a reasonable fee based on administrative costs for any additional copies requested by the User.

 

Where the User submits such a request electronically (e.g. via e-mail address), the information is provided in a commonly used electronic form, unless the User requests otherwise.

 

A copy of the User's data will be communicated to the User at the latest within one month after receipt of the request.

 

b. Right of rectification

 

Stud HERO guarantees the user the right to rectify and delete personal data.

 

In accordance with Article 16 of the Regulation, incorrect, inaccurate or irrelevant data may be corrected or deleted at any time. The User first makes the necessary changes himself/herself from his/her user/other account, unless these cannot be made independently, in which case a request can be made to Stud HERO.

 

In accordance with Article 19 of the Regulation, the Data Controller shall notify each recipient to whom the personal data has been communicated of any rectification of the personal data, unless such communication proves impossible or requires disproportionate efforts. The Controller shall provide the data subject with information about these recipients if the data subject so requests.

 

c. Right to erasure

 

The User has the right to obtain the deletion of his/her personal data as soon as possible in the cases listed in article 17 of the Regulations.

 

Where the Data Controller has made the personal data public and is required to erase them pursuant to the previous paragraph, the Data Controller, taking into account the available technologies and the costs of implementation, shall take reasonable measures, including technical measures, to inform the other data controllers who process such personal data that the data subject has requested the erasure by such data controllers of any link to such personal data, or any copy or reproduction thereof.

 

The two preceding paragraphs shall not apply insofar as such processing is necessary:

 

  • for the exercise of the right to freedom of expression and information;
  • to comply with a legal obligation which requires the processing to be carried out in accordance with Union law or the law of the Member State 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;
  • the establishment, exercise or defence of legal claims.

 

In accordance with Article 19 of the Regulation, the Controller shall notify each recipient to whom the personal data have been communicated of any erasure of personal data or any restriction on the processing carried out, unless such communication proves impossible or involves a disproportionate effort. The data controller shall provide the data subject with information on these recipients if the latter so requests.

 

d. Right to limit processing

 

The User has the right to obtain the limitation of the processing of his/her personal data in the cases listed in article 19 of the Regulations.

 

In accordance with article 19 of the Regulation, the Data Controller shall notify each recipient to whom the personal data has been communicated of any limitation of the processing carried out, unless such communication proves impossible or requires a disproportionate effort. The Controller shall provide the data subject with information about such recipients if the latter so requests.

 

e. Right of data portability

 

In accordance with article 20 of the Regulations, Users have the right to receive from Stud HERO their personal data in a structured, commonly used and machine-readable format. Users have the right to pass on this data to another data controller without Stud HERO obstructing this in the cases provided for in the Regulations.

 

Where the User exercises his/her right to data portability in application of the previous paragraph, he/she has the right to obtain that personal data be transmitted directly from one data controller to another, where this is technically possible.

 

The exercise of the right of data portability shall be without prejudice to the right to erasure. This 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 of data portability does not affect the rights and freedoms of third parties.

 

f. Right of opposition and automated individual decision making

 

The User has the right at any time to object to the processing of their personal data due to their particular situation, including the automation of the data carried out by Stud HERO. In accordance with article 21 of the Regulations, Stud HERO will no longer process personal data, unless there are legitimate and compelling reasons for the processing that prevail over the interests and rights and freedoms of the User, or for the ascertainment, exercise or defence of legal rights.

 

When personal data is processed for canvassing purposes, the User has the right to oppose at any time the processing of personal data concerning him/her for such canvassing purposes, including profiling insofar as it is related to such canvassing.

 

Where the person concerned objects to the processing for canvassing purposes, the personal data is no longer processed for such purposes.

 

g. Right of complaint

 

The User has the right to lodge a complaint concerning the processing of his/her personal data by PESSOA AUCTION with the Data Protection Authority, which is competent for the Belgian territory. Further information can be found on the website: https://www.autoriteprotectiondonnees.be.

 

Complaints can be submitted to the following addresses:

 

Autorité de Protection des Données

Rue de la Presse 35, 1000 Brussels   

Phone + 32 2 274 48 00         

Fax + 32 2 274 48 35  

E-mail: contact@apd-gba.be

 

The User may also file a complaint with the Court of First Instance of his domicile.

 

9. Cookies

 

The Site uses cookies to distinguish the Users of the Site. This helps to provide Users with a better browsing experience and to improve the Site and its content. The objectives and modalities of cookies are contained in this article.

 

a. General principles

 

A "Cookie" is a file that is temporarily or permanently deposited on the User's hard disk when consulting the Website, with a view to later connection. Thanks to cookies, the server recognises the User's computer.

Cookies can also be installed by third parties with whom Stud HERO collaborates.

Some of the cookies used by Stud HERO are necessary for the proper functioning of the website, while others make it possible to improve the User's experience.

The User can personalise or deactivate the cookies by configuring their browser.

By using the Website, the User expressly agrees with the management of cookies as described in this article.

 

b. Type of cookies and purposes

 

Different types of cookies are used by Stud HERO on the Site:

 

  • Technical cookies: these are necessary for the operation of the Website, allow the communication of the data entered and are intended to facilitate the User's navigation;
  • Cookies for statistical and audience measurement: these cookies enable the User to be recognised and are used to count the number of Users of the Website over a certain period of time. Since they also indicate browsing behaviour, they are an effective means of improving the User's browsing, by displaying proposals and offers likely to be of interest to the User. They also enable Stud HERO to identify possible bugs on the Website and to correct them.
  • Functional cookies: these cookies facilitate the use of the Website by remembering certain choices that have been entered (for example, user name or language);
  • Tracking cookies: Stud HERO uses tracking cookies via Google Analytics to measure the interaction of Users with the content of the Website and to produce anonymous statistics. These statistics enable Stud HERO to improve the Website. Google explains the explanation of these cookies at the following address: http://www.google.nl/intl/en_uk/policies/privacy/.

 

c. Cookie Retention Time

 

Cookies are kept for the time necessary to achieve the intended purpose. The cookies that may be stored on the User's hard disk and their retention period are as follows:

The storage period of cookies varies according to their type and does not exceed 1 year.

 

d. Cookie management

 

If the User does not want the Website to place cookies on his hard disk, he can easily manage or delete them by modifying the parameters of his browser. Browser programming also allows the User to receive a notice or notification as soon as a Website uses cookies and thus decide whether to accept this, or refuse it.

 

If the User deactivates certain cookies, he/she accepts that the Website may not function optimally. Certain parts of the Website may therefore not be usable, or may only be partially usable.

 

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

 

For Users with the following 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 Google Analytics cookies to be used, he/she is invited to set his/her browser to this effect on the following website: http://tools.google.com/dlpage/gaoptout.

 

10. Limitation of liability of the Data Controller

 

The website may contain links to other websites owned by third parties not linked to Stud HERO. The content of these sites and their compliance with the Law and Regulations is not the responsibility of Stud HERO.

 

The holder of parental authority must give his or her express consent for a minor under the age of 16 to disclose personal information or data on the website. Stud HERO strongly advises persons exercising parental authority over minors to promote responsible and secure use of the Internet. The Data Controller cannot be held responsible for collecting and processing information and personal data from minors under the age of 16 whose consent is not effectively covered by that of their legal parents or for incorrect data - in particular concerning age - entered by minors. Under no circumstances will personal data be processed by the Data Controller if the User specifies that he/she is under 16 years of age.

Stud HERO is not responsible for the loss, corruption or theft of personal data caused in particular by the presence of viruses or as a result of computer attacks.

 

11. Security

 

The Data Controller implements organisational and technical measures to guarantee an appropriate level of security for the processing and collection of data. These security measures depend on the costs of implementation with regard to the nature, context and purposes of the processing of personal data.

 

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

 

12. Modification of the Privacy Policy

 

Stud HERO reserves the right to amend this Privacy Policy in order to comply with legal obligations in this regard. The user is therefore invited to regularly consult the Privacy Policy in order to be aware of the modifications and adaptations. Any such modification will be posted on the Site or sent by e-mail for the purposes of enforceability.

 

13. Applicable law and competent jurisdiction

 

This Privacy Policy is governed exclusively by Belgian law. Any dispute will be brought before the courts of the judicial district of the registered office of Stud HERO.

 

14. Contact

 

For any questions or complaints relating to this Privacy Policy, the User may contact the Data Controller via the following address: info@studhero.auction.

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