Privacy

Privacy Policy GymnaUniphy

1. General

GymnaUniphy N.V., having its registered office at Pasweg 6a, 3740 Bilzen and registered in the CBE with number 0434.768.252 (hereinafter referred to as " GymnaUniphy") finds the protection of privacy extremely important.  GymnaUniphy wants to inform, respect and give control to customers as much as possible about what happens to their data.  GymnaUniphy wants to manage and use its customer data in a secure and respectful way and as a good administrator to provide a better service to its customers and offer them the best possible experience.  GymnaUniphy therefore departs from the principle that everyone should have control over his or her personal data.  Below you will find information about which data GymnaUniphy collects, why, how long and how you have control over this.

GymnaUniphy invites its customers to take their time to read through this Privacy Policy, together with the Managed Hosting & Cloud Services General terms and conditions and any other conditions that may apply to its products and services.

2. Application

This Privacy policy applies to all our customers (current, former and future) and all visitors to the GymnaUniphy website(s).

The European General Data Protection Regulation 2016/679 of 27 April 2016, the Act of 8 December 1992 ("Privacy Act"), the Act of 13 June 2005 ("Electronic Communication Act ") and the accompanying implementation decrees, and any future amendments, govern the protection of your personal data.

GymnaUniphy aspires to respect its obligations and the rights of the customer every time GymnaUniphy processes your personal data. For more information, GymnaUniphy gladly refers to the website of the Commission for the protection of privacy (https://www.privacycommission.be/nl).

3. Processing of personal data and responsibilities

"Personal data" shall be understood to mean the following: all information about an identified or identifiable natural person ('the data subject') on the understanding that is considered identifiable a natural person who can be directly or indirectly identified, more specifically based on an identifier such as a name, an identification number, location data, an online identifier or one or more elements that are characteristic for the physical, physiological, genetic, psychological, economic, cultural or social identity of this natural person.

The personal data GymnaUniphy collects and processes, primarily concern the data the customer enters himself/herself on the different pages of our website(s) and which GymnaUniphy obtains following your use of our website(s) and/or our products and/or services.

GymnaUniphy acts as the controller of the personal data of its customers for the purposes as specified in this Privacy Policy.

This does not take away the fact that the customer has a number of obligations in connection with the processing of personal data which allow the customer to use GymnaUniphy's products and services.

4. Purposes

GymnaUniphy processes personal data for various purposes, whereby only the data necessary to achieve the targeted purpose are processed.

In this way we use personal data:

• When we have been given your consent;
• To prepare or execute our contract;
• To comply with the legal or regulatory provisions to which we are subjected; and
• When GymnaUniphy has a legitimate interest, such as for example, depending on the circumstances, for direct marketing, to prevent fraud, to manage its internal administration or to ensure appropriate network and information security, in which case we always pursue a balance between that interest and respecting the privacy of the data subject.

Subject to consent, in so far required, GymnaUniphy collects personal data for the following specific objectives:

To handle requests for our products and services.

When you visit our website to collect and/or request information about our products and services or when you subscribe to GymnaUniphy's newsletter, for example, GymnaUniphy needs your address data in any case. All information that GymnaUniphy receives in this precontractual phase about you, is only used to provide the requested information to you, in the manner you want. Also when in the end you decide to become a customer of GymnaUniphy, GymnaUniphy shall request certain personal data such as your name, address, phone number, e-mail address, customer number, and GymnaUniphy will also give you certain data, such as login data.

To offer the best service and to inform you about the user possibilities.

GymnaUniphy uses personal data to set up, maintain and support products and services and for administrative purposes.

To inform you about (new) products and services of GymnaUniphy.

GymnaUniphy can use personal data to offer new products, services or special promotions (in writing, by telephone or electronically) which GymnaUniphy thinks can be interesting for you. You can unsubscribe for these types of messages, see infra.

To monitor performance.

GymnaUniphy can use personal data and consumer profiles to evaluate its products and services. They include: requesting feedback about services (e.g. through market surveys), data obtained when answering questions of customers, detecting fraud and quality assurance.

To comply with legal obligations.

In many cases GymnaUniphy is required by law to save/notify personal data to public bodies, e.g. in light of general tax and accounting obligations.  In the context of a police or judicial inquiry, GymnaUniphy may be obliged to confidentially notify certain data to the necessary authorities.

To save studies, tests and statistics, among others for trend analysis.

GymnaUniphy can use anonymous, aggregated data to, for instance, report internally and externally about the use of its services. The data used here cannot be traced back to a certain individual. The information GymnaUniphy retrieves from these analyses is used to evaluate the current product and service portfolio as well as GymnaUniphy's processes and to adapt them to new developments.

5. Security

GymnaUniphy at all times aspires to protect your personal data and privacy, both at GymnaUniphy's physical offices and on the network. GymnaUniphy ensures appropriate organisational and technical measures to protect your personal data.

GymnaUniphy's employees are trained to correctly handle confidential information. For the security of the data GymnaUniphy employs specific people who ensure the observance of the law and the ethical aspirations. GymnaUniphy also employs specialised people who are responsible for the security of the network, the infrastructure and the information systems. GymnaUniphy also uses all kinds of technical measures to protect your personal data, such as: password protection, hard disk encryption software, firewalls, antivirus, intrusion and anomaly detection and access checks for employees.

If a data leak were to occur with unfavourable consequences for your personal data, the customer receives a personal warning in the conditions laid down by law.

The GymnaUniphy employees who have access to your personal data are restricted and have been meticulously selected.  These employees are given access to personal data in so far they need this information to properly carry out their jobs.

The existence and content of the personal communication that goes via the GymnaUniphy network (e.g. e-mail traffic, hosting, etc.) are protected by the secrecy of telecommunication provisions.  This implies that GymnaUniphy and its employees, outside the exceptions listed in the law, may not take note of the existence or content of such communication.

GymnaUniphy's websites sometimes specify links to sites of third parties the terms and conditions of use of which do not fall under the area of application of this Privacy policy. Please carefully read their policy concerning the protection of your personal data.

6. Transferring data to third parties

GymnaUniphy does not sell personal data to third parties nor does it transfer it to third parties except:

To our legal successors and other companies within the GymnaUniphy group.

GymnaUniphy transfers personal data to possible legal successors and affiliated companies (such as subsidiaries and sister companies) for the same purposes as those specified in this Privacy policy.

When this is necessary for our services.

For some aspects of our products and services we work with third parties or contract subcontractors. These third parties are always carefully selected and there is always an agreement between GymnaUniphy and this third party in accordance with the applicable law. In this way GymnaUniphy uses, among others, service providers of domain name registrations, providers of e-mail services, providers of SSL certificates, providers of cloud connect services, providers of sitebuilder services and providers of online desktop services. For more information about our subcontractors you can always contact us using the contact data specified under item 10.

Our products and services are often distributed by regional business partners.  In this context data are transferred when you enter a form on the GymnaUniphy website(s), after explicit agreement, to our local business partners.  These data can also be transferred with a view to external marketing purposes.

 

When there is a legal obligation.

GymnaUniphy refers to item 4 of this Privacy policy for this.

When there is a legitimate interest for GymnaUniphy or the third party concerned.

This is only if the interest or the fundamental rights and freedoms of the data subject do not weigh heavier.

When GymnaUniphy received permission of the data subject.

If GymnaUniphy were to transfer personal data to third parties in another way, this is with an explicit communication, in which more information is provided about the third party, the purposes of the transfer and processing. Where required by law, GymnaUniphy obtains the data subject's explicit and unequivocal consent. The data subject always has a right objects (see infra) as well.

With regard to the international transfer of personal data, GymnaUniphy protects all personal data in accordance with the level of protection required by the European regulations.

In some cases GymnaUniphy uses anonymous, aggregated data for commercial purposes or for external reporting. These data can never be traced back to a certain individual.

7. Rights of the data subject

You can exercise a number of rights relating to the processing of your personal data vis-à-vis GymnaUniphy, in so far you possess these rights under the applicable law.

You can exercise these rights by using the contact data specified under item 10 of this Privacy Policy. GymnaUniphy shall respond to such requests and possibly comply with such requests in accordance with the applicable law and in principle within a period of one (1) month, also in accordance with the applicable law.

To exercise your rights, and to prevent every unauthorised disclosure of your personal data, you need to provide proof of your identity. We therefore ask you to enclose, preferably, a copy of the front of your identity card with your request. The request can be sent to the contact data specified under item 10 of this Privacy policy.

When you consider this necessary, you can also address or lodge a complaint with the Data Protection Authority (Belgian Privacy Commission) ( commission@privacycommission.be).

Right to object

At all times you have the right to object due to reasons specifically related with your situation against the processing of your personal data which is supported on GymnaUniphy's legitimate interest. If you object, GymnaUniphy suspends the processing of these personal data unless GymnaUniphy has compelling legitimate grounds for the processing which weigh heavier than your interests, rights and freedoms, or which are related with the establishment, exercise or substantiation of a legal claim.

Right to access and transparency

You have a right to (free) access to the data concerning your person and to obtain a copy of these personal data. You can also ask us:

• Whether we process your personal data.

• For which purposes we process them.

• Which categories of personal data we process.

• With which categories of third parties we share your personal data.

• What the origin is of the processed data.

• What rights you have.

Right to rectification and erasure of data

A data subject has the right to have incomplete, incorrect, unsuitable or obsolete personal data rectified or supplemented.  Our customer service can be contacted from a registered address.  To keep your data up to date, please notify every change to us, for instance when you move.

You also have the right, without unreasonable delay, to obtain the removal of your personal data if and in so far:

1. the personal data are no longer needed for the purposes.
2. there is no longer a legal ground.
3. you object against the processing, and there are no prevailing compelling legitimate grounds for the processing by GymnaUniphy.
4. the personal data are unlawfully processed. or
5. the personal data need to be erased to comply with a legal obligation resting on GymnaUniphy.

Following the execution of a removal request, GymnaUniphy will send a confirmation. In case of a partial removal GymnaUniphy will also explain why the request could not be fully met.

It is possible that, depending on the nature of the request, GymnaUniphy can no longer offer some services. GymnaUniphy cannot always erase all requested data either, for example to observe its legal obligations (to comply with accounting and tax obligations GymnaUniphy is obliged to keep invoicing details for a maximum of 7 years for example).

Right to restriction of the processing

As a data subject you have the right to obtain from GymnaUniphy the restriction of the processing of your personal data, if and in so far one of the following elements applies:

1. you dispute the correctness of the personal data, in which case the processing is restricted during a period which enables GymnaUniphy to verify the correctness.
2. the processing is unlawful and you object against the erasure of the personal data and instead request a restriction of the use thereof.
3. GymnaUniphy no longer needs the personal data for the processing purposes, but you need them for the establishment, exercise or substantiation of a legal claim.
4. you objected against the processing, in anticipation of the answer to the question whether the legitimate grounds of GymnaUniphy weigh heavier than the data subject's.

In the event of a restriction of the processing, GymnaUniphy may still save the data.

Right to data portability

For personal data that are (i) processed in the context of the performance of the agreement, (ii) provided by you and (iii) processed via an automated procedure, the data subject has the right to obtain this data from GymnaUniphy in a structured, commonly used and machine-readable format.

8. Storage periods

GymnaUniphy saves and processes your personal data for as long as is necessary to achieve the purposes as specified in item 4.

The storage time can therefore differ depending on the purpose, e.g. to respect legal obligations (to comply with its accounting and tax obligations GymnaUniphy is obliged to keep invoicing data for maximum 7 years) or the legal need to keep certain data as proof in case of disputes, up to maximum 10 years after termination of your contract. Access to these archived data is of course restricted.

9. Cookies & the website

Apart from the data you voluntarily share with GymnaUniphy following the use of our websites, GymnaUniphy also uses cookies and other technological means to collect data.

Websites

All information, both in the form of text, files and pictures and any other form is made available by GymnaUniphy for information purposes only.

Every interested person may take note of this information but GymnaUniphy reserves the right at any time it deems appropriate, without any prior warning, to change the rules and conditions relating to the access to the use of the website, or to restrict the entire website or parts of it.

The access to such private parts of the website can be made dependent on the provision of information by the visitor/user of the website. The visitor/user who provides this information, explicitly agrees that this information will become the property of GymnaUniphy and that by the mere notification of information to GymnaUniphy, the latter has the explicit permission to use information in accordance with the Privacy Policy.

Access to the private part of GymnaUniphy's website through the use of user names and passwords, can at all times be changed or refused by GymnaUniphy without this resulting in any damage.

Cookies

Our website uses cookies or comparable technologies whereby information is saved on the device and/or read (all these techniques will be referred to as 'cookie'). For more information about which cookies we use, why and how, and what your choices are, click here for our cookie policy.

10. Contact information

A question or request relating to personal data or this Privacy policy can be sent at all times to:

GymnaUniphy N.V. Attn: Data Protection Team Pasweg 6a, 3740 Bilzen, Belgium Tel.: +32 89 510 532 e-mail: data.protection@gymna.com

11. Changes

GymnaUniphy reserves the right to change this Privacy policy. Changes shall always be published on this website prior to the entry into force thereof. We advise you to regularly consult this Policy so that you know about all the changes.