Privacy Statement

The Fetch application (hereafter referred to as: the "Application") is offered by:

TOSTI VOF (hereinafter referred to as "Tosti", "We" and "Us")
G. Van Haelenlaan 12
1190 Vorst
Belgium
VAT BE0832.429.056

Email: [email protected]
Telephone: 0498 60 38 51

Please do not hesitate to contact us if you have privacy-related questions. We promise you a speedy reply.

1 WHY THIS PRIVACY STATEMENT?

Every person that uses the application (hereinafter referred to as the "User"), makes certain personal data available. This personal information is information that allows us to identify you as a natural person, regardless of whether we actually do so. You are identifiable as soon as it is possible to create a direct or indirect link between one or more details and you as a natural person.

We use and process your personal data only in accordance with the Privacy law, the Regulation and other relevant legal provisions. Any reference in this Privacy statement to the 'Privacy law' is a reference to the Act of 8 December 1992 on the protection of privacy in relation to the processing of personal data. Any reference to the Regulation is a reference to the Regulation 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 (GDPR or AVG).

Through this privacy statement, each User of the Application will be informed of the processing activities that Tosti can carry out with his or her personal data. Tosti reserves the right to amend this Privacy statement at any time. Any substantial change will be clearly announced to the User. We recommend that the User read this document regularly.

2 WHO PROCESSES THE PERSONAL DATA?

2.1. Processing controller

Tosti is the processing controller and determines which personal data are collected, as well as the purpose and means of the processing of this personal data, alone or in collaboration with others.

2.2. Processor(s)

Tosti is free to appoint data processors. A Processor is a natural or legal person responsible for processing personal data at the request of or in the name of the Processing controller. The Processor is required to ensure the security and confidentiality of the data. The Processor always acts in accordance with the instructions of the Processing controller.

Tosti uses the following categories of «processors»:

- Companies that we hire for hosting purposes;

3 ON WHICH LEGAL BASIS IS MY DATA PROCESSED?

We process personal information in accordance with the Privacy Act and the Privacy Regulation, based on the following legal grounds:

  • Based on the performance of the Agreement as agreed with the User, or the exercise of pre- contractual steps taken on his request; or
  • Based on the compliance with legal or regulatory provisions, with regard to the management of the contractual relationship, invoicing in particular;
  • Based on our legitimate interest in sending information and newsletters to our customers;
  • Based on your express consent to send promotional offers

4 WHICH PERSONAL DATA ARE PROCESSED?

Tosti undertakes to only collect and process the personal data that are relevant and necessary for the purposes for which they are processed. The following categories of personal data are processed:

  • Personal identification data (name, first name, address, login credentials);
  • Contact information (phone number and email address);
  • Financial identification (bank details);
  • Personal data (gender, age, date and place of birth, nationality, shoe size, clothing size, personal interests).
  • References (passwords, password hints and similar security information);
  • Content that we obtain via access to linked social media accounts (number of views, number of followers, user name).

This information is collected when you register on the Application. Other personal information may be collected at a later date, for example as part of a campaign. The amount of collected data depends on your use of the application and the functionalities of the Application.

5 FOR WHAT PURPOSES IS MY PERSONAL DATA USED?

Tosti collects your personal information to offer every User of our Application a safe, optimal and personalized user experience. The collection of personal data is further extended as the User makes greater use of the Application. Tosti reserves the right to suspend or cancel certain operations if data are missing, inaccurate or incomplete.

Data processing is essential for the operation of the Application and the associated services. The processing is done exclusively for the following specific purposes:

  • Offering a problem-free service; including support, complaints monitoring and sending newsletters.
  • Preparing a User profile in order to offer and match the User with external companies that call upon Tosti's services;
  • Personalized marketing and advertising if you have expressly agreed to this. In that case, you are free to withdraw your consent at any time.

The User always provides his personal data to Tosti personally, and can thus exercise a certain level of control. If certain data are incomplete or apparently incorrect, Tosti is entitled to postpone certain expected actions temporarily or permanently.

6 WHO RECEIVES YOUR PERSONAL DATA?

Your personal information will only be processed for internal use within Tosti. Your personal information will not be sold, transmitted or communicated to third parties, unless you gave us your explicit prior consent.

7 HOW LONG DO WE KEEP YOUR PERSONAL DATA?

Your data is retained as long as necessary to achieve the intended objectives in Article 5. It will be removed from the database when it is no longer needed to pursue these goals or if the User validly enforces the right to removal of the personal data.

8 WHAT ARE YOUR RIGHTS?

8.1 Guarantee of a legitimate and safe processing of the personal data

Your personal data shall always be processed for legitimate purposes, as set out in Article 5. It is collected and processed in an appropriate, relevant and proportionate manner, and shall not be kept for longer than the time necessary to achieve the objectives.

8.2 Right to inspect

If you can prove your identity, you will be allowed to acquire information about the processing of your data. Thus, you have the right of access to the purposes of processing, the categories of personal data, the categories of recipients to whom the data is sent, the criteria that determine the period of data retention, and the rights that you can exercise with regard to your data.

8.3 Right of rectification of personal data

Inaccurate or incomplete information could be amended. It is first and foremost the responsibility of the User to make the necessary adjustments to its "User profile". You can also approach us with a request to amend.

8.4 Right to erase your personal data

You have the right to the deletion of your personal data, in the following cases:

- Your personal data are no longer needed for the intended purpose;

- You revoke your consent to the processing of your data, and there is no other legal basis to process your data;

- You have lawfully filed an objection against the processing of your personal data;

- Your data is processed unlawfully;

- Your data should be removed on the basis of a legal obligation.

Deleting data is mainly related to visibility; it may be possible that the deleted data will be stored temporarily.

8.5 Law on limitation of processing

In some cases, you have the right to limitations of the processing of your personal data. This is certainly true in case of a dispute as to the accuracy of data, if the data are necessary in the context of a legal procedure, or during the time necessary for Tosti to determine that you may validly execute your right to removal.

8.6 Right to object

You have the right to object at any time to the processing of your personal data for 'direct marketing' purposes, profiling purposes or purposes arising from Tosti's legitimate interests. Tosti will cease to process your personal data unless it can prove that there are compelling legal reasons for the processing of your personal data that take precedence over your right to oppose it.

8.7 Right to data transfer

You have the right to acquire the personal data provided to Tosti in a structured, common and machine-readable form. In addition, you have the right to transfer this personal data to another Processing controller, unless this is technically impossible.

8.8 Right to the withdrawal of your consent

You have the right to withdraw your consent at any time, for example when you have given consent for direct marketing purposes.

9 HOW CAN YOU EXERCISE YOUR RIGHTS?

If you want to exercise your rights, you need to send a written request and proof of identity by registered letter to Tosti VOF, G. Van Haelenlaan  12, 1190 Vorst or by email to [email protected]. We will reply as soon as possible, no later than one (1) month after receiving your request.

10 POSSIBILITY OF FILING A COMPLAINT

If you do not agree to the processing of your personal data by Tosti, you have the right to submit a complaint to the competent supervisory authority (for Belgium: https://www.privacycommission.be/).

11 USAGE OF SOCIAL MEDIA CONTENT

Fetch and We Love Pure can repost content made through the app on their own channels without asking approval of the content creator. The content creator will be credited.
© 2018 deJuristen ICT law & Intellectual Property (http://www.ictrecht.be). The information provided (terms and conditions, privacy statement and disclaimer) is subject to copyright by operation of the law, so the information may not be reproduced or transmitted without prior written permission of deJuristen ([email protected]). Thus, all applicable intellectual property rights remain reserved.