1. GENERAL ACKNOWLEDGEMENT
1.1 The private Foundation Thalie Art Foundation (hereinafter, « Fondation Thalie ») respects the privacy of its users (hereinafter the « Users »).
1.2 Fondation Thalie processes the provided personal data in accordance with the applicable laws, especially the law of the 8th of December 1992 and its implementation decrees.
1.4 The User acknowledges having read the information below and authorizes Fondation Thalie to process, in accordance with the mentions below, the personal data he/she communicates to the Website in the framework of the service offered by Fondation Thalie (hereinafter, the « Service »),
1.5 Subject to prior notice to the Users, Fondation Thalie may modify or adjust the Policy, notably to respect any new applicable law and/or regulation (like the adoption of the new European regulation on private data protection – Law 2016/679 of the European Parliament and the Council of the 27th of April 2016 concerning individual protection against the processing of private data and free circulation of these data – of the 14th of April 2016, and applicable from the 25th of May 2018), the recommendations of the Commission of privacy in Belgium, the guidelines, the recommandations and good practice of the European Committee of data protection and the decisions of courts and tribunals concerning this matter.
1.7 The communication of personal data are sometimes necessary to access some parts of the Website (like the booking of the events offered by Fondation Thalie, or to make a purchase in the shop, or to participate to an open call). Without the communication of these data by the User to Fondation Thalie, the access could be refused to the User.
2. RESPONSIBLE FOR THE PROCESSING
2.1 The access to the Website normally operates without having to provide personal data, such as the family name, first name, postal address, email address, etc.
2.2 However, in the frame of the Service, the User might have to communicate some personal data. In this case, the responsible for the processing of these data is :
Thalie Art Foundation
15 rue Buchholtz, 1050 Bruxelles N° BCE : 0505.642.588
2.3 Any question or request concerning the processing of these data can be sent to the following address: firstname.lastname@example.org
3. COLLECTED INFORMATION
3.1. TRANSMITTED DATA TO THALIELAB BY THE ACTIVE INTERVENTION OF THE USERS
By consulting the website, filling the forms or newsletter on the Website, through the mobile applications or social networks linked to Fondation Thalie, the User allows Fondation Thalie to save and keep, for the purposes mentioned on point 4, the following information :
– identification data such as the name, the first name, the gender, the email address, the date of birth, and the contacts;
– the billing details ;
– the communications between the Users and Fondation Thalie;
– the additional information requested by Fondation Thalie to the User in order to identify the User and avoid the User to violate one of the disposition of the Policy; and
– all the information voluntarily transmitted to Fondation Thalie by the User for a determined purpose in the Policy, in the GTU, on the Website or on any other communication medium used by Fondation Thalie.
3.2. DATA AUTOMATICALLY TRANSFERRED TO THALIELAB DURING THE CONSULTATION OF THE WEBSITE
3.2.1. THE « COOKIES » In the purpose of facilitating the visit of the Website as well as optimise the technical management, the Website might use “cookies”.
A « cookie » is a small file with information stored by a website on a computer or an application on the smartphone of the User. This “cookie” can be retrieve during a later visit on this same application or this same website. The “cookie” cannot be read by another web site that the one that created it. The Website uses “cookies” in the purpose of a good administration of the Website, in particular to save the preferences of the Users, or to obtain information related to the visited pages, and the dates and hours of visit.
Most of the “cookies” work only when the session or the visit is ongoing. It is also possible for the User to configure the browser or to be informed for each creation of a “cookie” or to refuse their saving, individually or not. The deactivating of the cookies can yet block the access to some parts of the Website or make their access more difficult.
Subject to prior approval of the User, the Website may also allow the use of “cookies” by a third party, including those indicated below:
– Facebook, Twitter, Google +
Fondation Thalie uses on its Website the social plugin of the providers of the social networks Facebook, Twitter and Google +. These plugins connect directly to the server of the social network via the browser of the User. The social network provider on which the User clicked gets the information that the User visited the Website. If the User is registered and has a login for the corresponding network, the provider can make a correlation between the profile of the User and the visited Website. The provider of the network can thus establish future interaction. If the User is not registered in the social network, the provider can save the IP address of the User. To avoid the transfer of the data to the social network, the User should not click on the corresponding button of the social network.
– Google analytics
The Website uses Google analytics. This service, offered by Google, analyses the activity of the Website. On this purpose, Google collects the information related to the web traffic and the number of visitors. This tool allows Fondation Thalie to calculate the performances of the Website concerning the browse and gather the activity report and other services.
3.2.2. THE INFORMATION SAVED ON THE CONSULTED SERVER
When the User access to the Website, the consulted servers automatically save some of the data, such as the type of domain with which the User is connected on the Internet, the IP address assigned to the User (while the connection), the date and the hour of access to the Website and all the other data related to the traffic, the location data, or any other data related to the communication, the consulted pages, the type of browser, the platform and/or the exploitation system used, the search engine, and the keywords used to find the Website, etc.
No nominative data permitting to identify the User can however be collected by this registrations. The information are only kept to statistical ends and for the improvement of the Website.
4. PURPOSE OF THE PROCESSING
4.1. GENERAL PURPOSE
Without the prejudice that has been specified on point 3.2 concerning the data automatically transmitted, the Website collects, saves and processes the personal data of its Users, particularly to the following purposes:
– to establish, undertake and conduct the contractual relationship with the User;
– to allow the User to participate to the open calls, to purchase, and to provide the Service in general;
– to integrate personal data of Users into one or several automatized files;
– to analyse, adapt, and improve the content of the Website
– to produce internal statistical surveys and market studies and develop various systems and statistical studies
– to allow the User to receive messages and manage his account through the different devices (computer, tablet, smartphone, etc.)
– to detect and/or prevent fraud or similar illegal activities
– to facilitate the use of the Website and improve the Services offered by Fondation Thalie, as well as the experience of the Users;
– to answer information requests;
– for the possible marketing and promotion actions proposed by Fondation Thalie to the Users who subscribed to the Newsletter ;
– to update them on the evolutions of the Website and its functionalities; and
– to every other purpose for which the User might have expressly given his consent.
4.2. COMMUNICATION TO THIRD PARTIES
Fondation Thalie considers personal data as confidential information. It will never communicate them to a third party in other conditions than those specified by the Policy or in a condition in which it is forced by the law, notably upon request from competent authorities.
Are considered as Fondation Thalie partners: all the regional administration and organisation in the exercise of their function, every actors of touristic and cultural sector (hereinafter, the “Partners”). In this frame, Fondation Thalie can communicate to its Partners the personal information of the Users, in the purpose of the finalities developed in the paragraph 4.1.
The communication of these informations to these aforementioned persons will have to be, in any circumstances, limited to the strict necessary or required by the applicable regulation
4.3. TRANSFER TO ANOTHER COUNTRY NON-MEMBER OF THE EUROPEAN ECONOMIC AREA
Fondation Thalie does not transfer data to a country that is not a member of the European Economic Area, except if this country provides an adequate level of protection within the meaning of the law of the 8th of December 1992 related to the privacy protection, or in the limits allowed by this same law, for instance by guaranteeing the protection of the data by the adapted contractual disposition.
4.4. DIRECT MARKETING
The personal data will not be used in purpose of direct marketing for products or services other than the one the User already subscribed, unless the User did not previously explicitly agreed by ticking the intended boxes (« opt-in »).
When the User agrees for the use of these information in a purpose of direct marketing, the User keeps the right to refuse such a use at any time, by request and for free. To that end, the User needs to unsubscribe through the intended link in each newsletter, by ticking the intended box on the Website on each User account or also by requesting without any ambiguity to the following address: email@example.com
In any cases, the User is liable for truthfulness of the provided data and commits to inform Fondation Thalie of any modification if these data.
5.1 Fondation Thalie has taken adequate measures to avoid as far as possible the server hosting the processed personal data to :
– the unauthorized processing, accesses and modifications of these data ;
– the inadequate use or divulgation of these data; and
– the illegal destruction or the accidental loss of these data
5.2 In this regard, employees of Fondation Thalie who have access to this data, are subject to a strict obligation of confidentiality. However, Fondation Thalie can not be held responsible for any misuse of this data by a third party despite the security measures adopted.
5.3 The Users commit not to perpetrate acts that could go against the hereby Policy, the GTU or, in general, against the law. The violation against privacy, integrity and availability of the computer systems and the data that are saved, processed or transmitted by these systems, or the attempt to perpetrate one of these violations, are punished by three to five months imprisonment and a fine of twenty-six to two hundred thousand euros, or one of these sentences.
6. DURATION OF PRESERVATION
Fondation Thalie will normally keep the personal data of its Users for as long as necessary for the accomplishment of the purposes pursued (see point 4). Fondation Thalie may also continue to hold personal data concerning the unsubscribed User, including any correspondence or request for assistance addressed to Fondation Thalie, in order to be able to answer any questions or complaints that may be addressed to it, and to comply with all applicable laws (including tax law), including the retention of information relating to emitted payments.
7. RIGHTS OF THE PERSON CONCERNED
7.1 At any time, the User may request access, rectification or, where appropriate, deletion to / from his personal data, with the exception of those for which Fondation Thalie has a legal obligation of conservation, by sending a written request, accompanied by a copy of his identity card or passport:
- at the following postal address: Thalie Art Foundation, 15 rue Buchholtz 1050 Brussels or;
– at the following email address: firstname.lastname@example.org
7.2 Fondation Thalie will do what is necessary to satisfy this request as soon as possible.
8. NOTE ABOUT MINORS
People under the age of 18 and people who do not have full legal capacity are not allowed to communicate their personal data to Fondation Thalie.
9. APPLICABLE LAW AND COMPETENT JURISDICTION
9.1 The Policy is subjected to the Belgian law, to the fullest extent permitted by the applicable rules of privacy international law.
9.2 In the event of a dispute related to the validity, application, interpretation or execution of the Policy, the courts of the judicial district of Brussels (Belgium) are exclusively competent, to the fullest extent permitted by the rules of international privacy law.
9.3 Before taking any action aiming the judicial resolution of a dispute, the User undertakes trying to resolve it by amicable contact directly with Fondation Thalie, if necessary by way of mediation, before resorting to arbitration, litigation, or any other method of dispute resolution.