Privacy Policy

v. 6 December 2020

Privacy Policy applicable to the Personal Data collected on the Website

 

1.   Introduction and field of application

This privacy statement (the “Statement”) applies to personal information collected on the https://www.4gold.eu website (the “Web site”), offered, owned and provided by:

Nutribam BV

Leeuwerikenlaan  5

B-2390 Malle

Ondernemingsnummer: 0674.721.904

hereinafter “4Gold”, “we” or “us”

4Gold considers the protection of personal privacy extremely important and wants to inform you – as a visitor to its Website – as much as possible, respect and give you control over what happens to your Personal Data and your privacy.

All designations with a capital letter not defined in this Declaration have the meaning defined in Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (“AVG”).

Your Personal Data and your privacy are protected by 4Gold in accordance with Belgian and European regulations on the protection of privacy. Please read this statement very carefully. It describes not only your rights, but also the way in which you can exercise these rights.

By accessing the Website, sharing your Personal Data and agreeing to this Statement, you expressly consent to the way in which 4Gold collects and processes your Personal Data as described in this Statement.

 

2.   Who processes your Personal Data and how can you reach us?

4Gold is responsible for the Processing of your Personal Data that you make available through the Website and has the role of Processing Responsible for your Personal Data processed through the Website.

4Gold has appointed a Privacy Officer, to whom you can always turn for questions regarding your privacy and the processing of your Personal Data. The Data Protection Officer can be reached via

Nutribam BV

Privacy Responsible

Leeuwerikenlaan 5

B-2390 Malle

E-mail: [email protected]

Telephone: +32477 76 29 23

 

3.   What Personal Data are collected and processed?

4Gold processes different types of Personal Data depending on the services you use on the Website. It is possible that (amongst others) the Personal Data below will be processed by 4Gold when you visit the Website:

Profile information

First name, last name, address, email address, telephone number, VAT number, company name, etc.

Financial Information

bank account number, IBAN, etc.

Medical information

body substances (such as saliva, cheek mucosa, etc. ), raw data on physical and medical data, etc.

History and logs

browsing behaviour, date and time when the Website was visited, date and time of registration on the Website, information about the shopping basket, etc.

Technical Information

Data from computers, phones or other devices with which you use the Website, your IP address, browser type, etc.

Cookies

For more information see our Cookie Policy .

When Personal Data of a third party is released through the Website or for the purpose of visiting the Website, the person communicating the Personal Data guarantees that he or she has informed that third party and that he or she has obtained all necessary consents to share the Personal Data of that third party through the Website.

 

4.   What is the purpose and basis of the processing of your Personal Data?

The purpose and basis of the processing of your Personal Data depends primarily on the category of Personal Data concerned. Below you will find an overview of the purpose and basis of the various Personal Data we process.

Profile information

Goal

Profile information is collected when you create a profile on the Website, to process orders you place on the Website, to ensure the proper functioning of the Website and to send emails regarding promotions, offers, products, etc.

 

Basis

Execution of the agreement and legitimate interest

Financial Information

Goal

Financial information is collected by Mollie (the external, specialized provider and manager of payment services and payment platforms, as identified in 4Gold’s Terms and Conditions) for the processing of orders you place on the Website, more specifically, the processing of payments, etc.

 

Basis

Execution of the agreement and legitimate interest

Medical information

Goal

Medical information is collected for the execution of your DNA analysis and the preparation of the DNA report.

 

Basis

Permission

History and logs

Goal

Data regarding history and logs are collected to ensure the proper functioning and personalization of the Website, for analysis and to send you emails to “continue shopping” when certain products remain in your shopping cart.

 

Basis

Justified interest

Technical Information

Goal

Technical information is collected to personalize the Website and for location based services.

 

Basis

Justified interest

Cookies

 

For more information see our Cookie Policy .

 Below we describe in detail each basis for Processing Applicable:

The justified interest as a basis is justified with respect to technical information and history and logs since it is important for 4Gold to adapt and improve its Website on the basis of that information. The fact that 4Gold processes this information, ultimately also benefits the users. In view of the data that is collected, there is no possible violation of the fundamental rights and/or freedoms of the users.

We ask for your permission for some specific processing activities. The permission you give is free at all times and you have the right to revoke it at any time. A withdrawal of consent does not affect the processing of Personal Data (i) prior to such withdrawal, (ii) on the basis of any legitimate reason for processing Personal Data (iii) in the case of a legitimate interest in the processing.

The foregoing reasons may not be exhaustive and 4Gold is at all times entitled to process your Personal Data for any other legitimate reason. In such cases, 4Gold will inform you of that reason as soon as possible. An update of this Statement may constitute such a notice.

 

5.   Receiving and Sharing Personal Data

4Gold will receive your Personal Information, including when:

  • you visit the Website;
  • you register on the Website;
  • you contact 4Gold via the Website;
  • you place orders through the Website;
  • you send medical data to 4Gold;

4Gold will always share your Personal Data in a minimal way. However, in order for the Website to function properly, it is sometimes necessary for 4Gold to share Personal Data with third parties.

Processors and sub-processors of 4Gold always act under the responsibility of 4Gold. If 4Gold uses processors or subprocessors, this will always be done under a processor agreement that meets the requirements of the GTC and protects your Personal Data as much as possible.

4Gold may also disclose your Personal Information to third parties for the purpose of storing and processing your Personal Information, responding to your requests, sending you information, hosting the Website, optimizing the Website, processing payment for your order, performing your DNA analysis and preparing your DNA report, etc.

Your Personal Information may be shared or transferred to the following entity:

Entity

Accountability

Google Analytics

The Personal Data are transferred in order to optimize the Website.

Jetpack Analytics

The Personal Data are transferred in order to optimize the Website.

Mailchimp

The Personal Data is transferred to send direct marketing messages.

BME NV

The Personal Data is transferred in order to process your order via the Website.

Mollie BV

The Personal Data is transferred to process your order via the Website, among other things to process the payment for your order. Mollie will be considered responsible for the processing of your financial information.

Laboratories and (genetic) experts

The Personal Data will be transferred to perform your DNA analysis and compile the DNA.

 This list will evolve and will be updated regularly.

If you are redirected to another website, platform or application through the Website, other terms, conditions, privacy and cookie policies may apply. You should take into account the terms, privacy and cookie policies of those other applications, websites or platforms. We encourage you to read these terms and conditions, privacy and cookie policies of the other applications, platforms and websites you visit.

 

6.   Direct Marketing

4Gold may use your Personal Data for direct marketing purposes. This way 4Gold can keep you informed about its products, updates, events, etc. You give your explicit consent, but you can at all times revoke your consent or object free of charge to the processing of your Personal Data for such marketing purposes.

For these direct marketing purposes, including profiling related to direct marketing, you have the right to object free of charge at any time by sending an e-mail to [email protected].

7.   Transfer of Personal Data to countries outside the European Economic Area (EEA)

In principle, 4Gold does not transfer your Personal Data to countries outside the EEA. However, it is possible that 4Gold – through its subprocessors or processors – does transfer your Personal Data to countries outside the EEA. In this case, 4Gold will only transfer your Personal Data outside the EEA in accordance with applicable law (such as Chapter V of the GTC) (e.g. model contract clauses, binding corporate rules, codes of conduct, decisions declaring the level of protection appropriate, etc.).

 

8.   How will my Personal Data be stored?

4Gold uses the following retention periods for your Personal Data:

Profile information

Maximum 5 years after you made your Personal Data available on our Website, or a longer retention period if and as long as you do not delete your profile or 4Gold has a legitimate interest.

Financial Information

The duration determined by Mollie.

Medical information

Maximum 5 working days after you have sent an e-mail to 4Gold confirming that you have received your DNA analysis by 4Gold.

History and logs

Maximum 5 years after you made your Personal Data available on our Website, or a longer retention period if and as long as 4Gold has a legitimate interest.

Technical Information

Maximum 5 years after you made your Personal Data available on our Website, or a longer retention period if and as long as 4Gold has a legitimate interest.

Cookies

For more information see our Cookie Policy .

 

9.   How is my Personal Information protected?

4Gold has put in place appropriate technical and organizational measures, safeguards and guarantees to process your Personal Data in accordance with applicable Belgian and European regulations, and in particular, without limitation, to protect your Personal Data against loss, misuse or unauthorized alteration. 4Gold uses a team of technicians, automated systems and advanced technology such as:

  • Secure Socket Layer (SSL) technology protects information through the use of server authentication and data encryption;
  • Data is stored in a secure data center;
  • all passwords are encrypted;
  • Credit card or bank account details are processed by Mollie in accordance with secure protocols and other security measures determined by Mollie;
  • All transactions are processed through a gateway provider and are not stored or processed on our servers.
  • Concluding processing agreements with suppliers;

4Gold makes all reasonable and appropriate efforts to maintain the confidentiality of your Personal Information.

Despite the aforementioned measures of 4Gold, you should be aware that there are always risks associated with sending Personal Data over the Internet. The security and protection of your Personal Data can never be fully guaranteed.

 

10.        What rights do I have?

If and to the extent provided by the applicable Belgian and European regulations, you have the right:

  1. on a confirmation whether or not 4Gold processes your Personal Data and, if applicable, on access to the Personal Data that 4Gold processes;
  2. on correction by 4Gold, without undue delay, of inaccurate or incomplete Personal Data;
  3. to have your Personal Data erased by 4Gold;
  4. to obtain your Personal Information and transfer it to another Responsible Person or Processor;
  5. to obtain from 4Gold the limitation of processing of your Personal Data, to the extent possible;
  6. to have your Personal Data sent in a structured, commonly used and machine-readable format;
  7. to oppose the processing of your Personal Data and the use of your Personal Data for direct marketing purposes.

You can exercise these rights by contacting the Privacy Officer and providing him/her with a copy of your identity card (no national registration number should be visible).

If and to the extent provided for in the applicable Belgian and European regulations, you have the right to lodge a complaint with the competent supervisory authority if the processing of your Personal Data violates the applicable regulations. In Belgium, this is the Data Protection Authority www.dataprotectionauthority.be

 

11.        Changes to the Declaration

4Gold may change this Statement at any time. The date of the last modified version is shown at the top right of the Declaration. Changes will be published on the Website so that you are always aware of the information that 4Gold collects, how 4Gold uses this information and how 4Gold shares this information.

Modified versions of this Declaration will enter into force ten (10) days after its publication on the Website and will be submitted for approval at any time, if necessary.

 

12.        Permission to release

You expressly acknowledge, confirm and consent to 4Gold to disclose your Personal Data if required to do so by law or if 4Gold in good faith determines that such disclosure is required to:

  1. comply with any ongoing judicial investigation, court order, or legal process related to the Website;
  2. to respond to claims against 4Gold regarding Personal Data that violate the rights of third parties;
  3. Safeguard the rights, property and safety of 4Gold, its employees, users and the public.

4Gold may disclose your Personal Data to competent police or judicial authorities or other official government bodies if 4Gold, in its sole discretion, deems it necessary or useful in connection with an investigation of fraud, intellectual property infringement or any other harmful activity, or if 4Gold reasonably suspects that such activity may expose 4Gold or yourself to liability.

 

13.        Liability

If 4Gold has lawfully provided your Personal Data to a third party (other than a Processor or Subprocessor), 4Gold is not liable for any unlawful processing or use by that third party.

Under no circumstances does 4Gold accept responsibility or liability for any direct or indirect damages resulting from any error or unlawful use of Personal Data by any third party (other than a Processor or Subprocessor).

4Gold is also not liable if third parties unlawfully process or use your Personal Data and 4Gold has taken appropriate technical and organizational measures to prevent such unlawful processing or use.

4Gold is in any case only liable for the damage caused by the processing of Personal Data if it did not meet the specific obligations of the GTC. 4Gold will in no event be liable for any special, incidental, indirect or consequential damages or losses.

 

14.        Applicable law and jurisdiction clause

This Declaration will be governed, interpreted and implemented in accordance with Belgian law, which is exclusively applicable to any dispute.

The Courts of Antwerp, Section Antwerp, Belgium, have exclusive jurisdiction to adjudicate any dispute that may arise from the interpretation or implementation of this Declaration, subject to the consumer’s right to bring a dispute before the competent court on the basis of a mandatory provision of law.

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