Privacy policy

This Privacy Policy governs the processing of your personal data by the Spadel Group in the context of your visit to our website http://www.spafountain.be (hereinafter referred to as the "Website" or the "Online Shop"), and your communication with us by e-mail, telephone or fax.

If you would like information about how cookies are used to process personal data at our online shop, please consult our Cookies Policy.

1. GENERAL INFORMATION

1.1. The party responsible for processing your personal data is Spadel NV/SA, avenue des Communautés 110, 1200 Woluwé-Saint-Lambert with company number 405.844.436, RPR/RPM Brussels (hereinafter referred to as: "Spadel", "we", "our"). You can contact us by e-mail at privacy@spadel.com.

1.2. Any reference in this Privacy Policy to certain laws or regulations also includes any amendments, substitutions or cancellations of such laws or regulations, including any corresponding enforcement decisions.

1.3. We reserve the right to amend this Privacy Policy from time to time, at our sole discretion. Any such change will be communicated via the website.

2. TYPES OF PERSONAL DATA WE PROCESS

2.1. When you complete a contact form on our website or contact us by e-mail, telephone, fax or via our social network accounts, we may collect:

• basic identity information that you provide to us (your name (or the name of your company), e-mail address, address, VAT or company number, telephone number, country, make-up of your family, date of birth, consumer behaviour, etc.);
• all information relating to orders you place on the website (information relating to your purchases, delivery addresses, orders, payment methods, invoices, bank details, etc.);
• the contents of your communication or request and the technical characteristics of the communication itself (who you are speaking to at Spadel, the date, time, etc.);
• your preferences regarding the communication medium used;
• your consent, if any, to (i) our use of your personal data for direct marketing purposes and (ii) the personalisation of our marketing material for you;
• any other personal data you choose to communicate to us.

2.2. A key aspect of our marketing efforts (see section 3 below) is to further personalise our marketing materials for you. This means that we may combine your information so as to establish your profile on the basis of relevant characteristics, in order to provide you with personalised content. However, no automated decision will be taken on the basis of this personalisation.

2.3. Each time you visit or use our website, we collect:

• technical information associated with the equipment you use, for example: IP (Internet Protocol) address, browser type, geographical location and operating system;
• information about your browsing habits, for example the amount of time you spend browsing, the links you click on, the pages you visit and the number of times you visit a page on the website.

Further information about this topic is available in our cookies policy.

3. PURPOSES OF PROCESSING YOUR DATA AND LEGAL BASIS

The table below summarises the purposes for which we process your data and the legal basis for doing so:

Purpose	Data processed	Legal basis
Personalised and efficient delivery of the information, products and services you request via the website, e-mail, telephone or fax	Request as formulated, channel used, contact details	Spadel's legitimate interest in responding to requests for information that are sent to it
Manage, execute and track orders placed at the Online Shop	Contact data, transaction data	If you are an individual customer: performance of the contract. In the case of a business transaction: Spadel's legitimate interest in the performance of the contract.
Provide targeted communications, promotions, offers and other advertising from Spadel and selected partners via email and other interpersonal electronic communication channels (direct marketing to existing customers)	Contact details, preferences expressed for certain products, purchase history	Spadel's legitimate interest in promoting its products and services to existing customers. In certain cases, pre-contractual measures taken at your request.
Provide e-mails, online marketing or other commercial communications (opt-in direct marketing)	Information about the content you consulted or the links you clicked on in these communications (for example, by means of tracking technologies such as web beacons in our e-mails)	Consent
Profiling (personalisation) to personalise our communications, promotions, offers and other advertising from Spadel and selected partners. Such profiling may also involve the transmission of information about your profile to partners such as Facebook, Google and DPG Media, so that, when you are active on the Internet or via social networks, we can present you with communications, promotions, offers and other advertising from Spadel and selected partners.	Identity and contact data, history of your interactions with Spadel (e.g. orders placed at the Online Shop)	Consent
Complying with our legal obligations	All the data we hold about you, including your identity, contact details and the history of your interactions with Spadel	Legal obligation
To comply with all reasonable requests from relevant law enforcement officials or agents, judicial authorities, government agencies or bodies, including relevant data protection authorities. Transmit your personal data, at our own initiative, to the police or judicial authorities as evidence or in the event of a justified suspicion of an illegal act or offence committed by you in connection with your use of, or registration on, the Website, our social network accounts or other communications with us.	All the data we hold about you, including your identity, your contact details and the history of your interactions with Spadel	Spadel's legitimate interest in collaborating with the competent authorities, and preventing and remedying the commission of offences
To defend our legitimate interests or those of our partners or a third party if your use of the website, or your registration on it, on social network accounts or other communication channels may be considered as: a) a breach of any applicable condition of use of the websites or of the intellectual property rights or any other right of a third party; b) a danger or threat to the security or integrity of our websites, social networks or other communication channels, or to any of the underlying computer systems of any of our subcontractors or the subcontractors of our related companies, due to viruses, Trojan horses, spyware, malware or any other form of malicious code; or c) hateful, obscene, discriminatory, racist, abusive, humiliating, offensive in any way or otherwise inappropriate or illegal.	All the data we hold about you, including your identity, contact details and the history of your interactions with Spadel	Spadel's legitimate interest in preventing and remedying such conduct

4. WHO DO WE SHARE YOUR DATA WITH?

4.1. We use third party processors to provide and operate our Online Shop and to process your personal data on our behalf. In particular, your data may be shared with the following external service providers, who act as subcontractors:

• delivery and postal companies (to deliver your order);
• maintenance companies (to maintain and/or repair the goods ordered);
• subcontractors who assist us with our IT infrastructure and marketing campaigns (e.g. for the maintenance of our Online Shop, data storage, e-mail distribution, marketing and market analysis, etc.).

These third party processors are only authorised to process your personal data on our behalf and on the basis of our express written instructions. We certify that these third-party processors are chosen with care and are committed to observing the security and integrity of your personal data.

In addition, your data will also be transferred to our external service provider "Stripe", which is responsible for processing your payment, and to "Hubspot", which is responsible for managing the platform. They also act as data controllers in this respect. For more information about how these third-party service providers process your data, please consult Stripe's privacy policy and Hubspot's privacy policy.

4.2. We may share your personal data with other entities within the Spadel Group. However, we will ensure that all the companies in the Group take appropriate steps to ensure that all processing of your personal data complies with the provisions of this Privacy Policy.

4.3. Your data may also be transmitted to public authorities, courts or members of regulated professions (such as accountants and lawyers) if this is necessary in order to comply with our legal obligations or legitimate interests.

4.4. As part of our marketing activities, and with your consent, we may share certain data about you with partners such as Facebook, Google and DPG Media (this list is not comprehensive - a complete list can be obtained on request by sending an email to privacy@spadel.com).

This transmission enables them to cross-reference this information with data they already have about you (e.g. via your social network profiles). This cross-referencing of information makes it possible, when you are active on the Internet or via social networks, to present you with promotions, offers and other advertising from Spadel and selected partners.

4.5. We will not pass on your personal data in an identifiable form to third parties other than those referred to in articles 4.1 and 4.2 without your consent.

5. PLACE OF PROCESSING AND TRANSFER

5.1. As a general rule, we process your personal data within the European Economic Area (EEA). However, in order to process your personal data for the purposes described in Article 3 above, we may also transfer your personal data to other Spadel Group entities or to third parties who process it on our behalf outside the EEA. Each entity outside the EEA that processes your personal data will be required to observe adequate precautions when processing your personal data. Such precautions will stem from:

• the legislation in place in the recipient country, which can be considered equivalent to the protection offered within the EEA; or
• a contractual agreement between the said entity and ourselves, coupled with a prior analysis of any risks posed by the transfer.

5.2. In particular, your data may be processed outside the EEA by our external service providers, Stripe and Hubspot. This processing will take place in accordance with the principles set out in this clause, Article 5.1. For more information on this processing, please consult Stripe and Hubspot’s privacy policies.

6. RETENTION PERIOD AND SECURITY OF YOUR DATA

6.1. Your personal data will be processed for as long as is necessary for the purposes set out in article 3 above, or until such time as you withdraw your consent to their processing. If you withdraw your consent, you may no longer be able to use all or part of our website. We will delete your personal data when it is no longer required for the purposes described in Article 3 above, except when:

• Spadel or any other third party has a compelling interest in keeping the personal data identifiable;
• a legal or regulatory obligation, or a judicial or administrative decision, prevents us from deleting them.

6.2. We will take the necessary technical and organisational measures to protect your personal data from theft or unauthorised access, and also from accidental or unauthorised loss, falsification or destruction. Access by our staff or sub-contractors will only be permitted to the extent necessary, and will be subject to confidentiality obligations. You acknowledge, however, that safety and security are obligations of means that can never be guaranteed.

7. YOUR RIGHTS

7.1. You have the right to request access to all the personal data about you that we process. We reserve the right to charge an administrative fee for multiple, successive requests for access that are clearly made with the aim of harming or prejudicing us. Each request must specify for which processing activity you wish to exercise your right of access and which categories of data you wish to consult.

7.2. You have the right to request that any inaccuracies in your personal data be rectified free of charge. If you submit a request for rectification, we may, if necessary, ask you for additional information, to ensure that the rectification requested is correct.

7.3. You have the right to withdraw the consent that you previously gave to the processing of your personal data.

7.4. If you have signed up to receive communications, promotions, offers, newsletters or other advertising by e-mail or other interpersonal electronic communications channels, you may change your preferences for receiving such communications, promotions, offers, newsletters and other advertising by following the unsubscribe link provided in such communications.

7.5. You have the right to request that personal data concerning you be deleted if this data is no longer necessary in relation to the purposes described in article 3 above, or if you withdraw your consent to the processing of the data. Please note, however, that we may refuse to comply with a request for erasure, in particular where a legal obligation requires us to retain the data or where it is necessary for a legal claim to be established, exercised or defended.

7.6. You have the right to object to the processing of personal data unless we demonstrate a legitimate interest that overrides your interests, rights and freedoms, or where it is necessary for a legal claim to be established, exercised or defended. If the intended processing is considered to be direct marketing, you have the right to object to such processing free of charge and without needing to provide proof.

7.7. You may also request that we restrict the processing of your personal data:

• a) if you dispute the accuracy of the data, for the time required in order for us to carry out the necessary checks;
• b) if the processing is unlawful and you request that the processing be restricted;
• c) if the data is no longer necessary for the purposes mentioned in Article 3, but is still necessary in order to establish, exercise or defend legal claims; or
• d) if you have objected to the processing, while we verify the grounds for your objection.

7.8. You have the right to receive from us all the personal data you have provided, in a structured, commonly used and machine-readable format.

7.9. If you wish to make a request to exercise one or more of the above rights, you can send an e-mail to privacy@spadel.com. All requests must clearly state which right you wish to exercise and for what reason, if a statement of reasons is required. If your identity is in doubt, we may ask you to provide proof of your identity.

We will acknowledge receipt of your request as soon as possible. If the request is valid, we will honour it as soon as reasonably possible and no later than thirty (30) days from receipt of the request.

If you have a complaint about the processing of your data, please do not hesitate to contact us by e-mail at privacy@spadel.com.

7.10. You have the right to lodge a complaint about the processing of your data with the Belgian Data Protection Authority, whose contact details are as follows:

Data Protection Authority
Rue de la presse 35
1000 Brussels
E: contact@apd-gba.be
T: +32 (0)2 274 48 00
+32 (0)2 274 48 35