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A. TERMS OF USE - PRIVACY POLICY

Following Terms of Use apply to the web site http://www.duvel.com (“the web site”). May we ask you to carefully read these conditions before visiting the web site. The use of this web site means that you agree with the Terms of Use and the Privacy Policy of Duvel Moortgat. Should you not agree with the following Terms of Use or Duvel Moortgat’s Privacy Policy (like explained elsewhere on the site), we ask you not to use this site.

Duvel Moortgat reserves the right to change these Terms of Use and Privacy Policy at any time. The modified Terms of Use and Privacy Policy will be published on the web site. They are valid automatically 14 days after their publication on the web site. The date will be mentioned below the Terms of Use and Privacy Policy. Until this date, the old Terms of Use and Privacy Policy remain valid and published on the web site.

Juridical information

This web site has been created by Duvel Moortgat and is managed by Duvel Moortgat N.V., tel.: +32 (0)3 860 94 00, info@duvel.com, VAT: 400764903, company register: 5144 - Mechelen.

Intellectual property

The user recognises that Duvel Moortgat’s web site contains texts, pictures, photos, films, images, data, databases, software, brands, logos, names, trade and domain names as well as other elements that are protected by intellectual property belonging to Duvel Moortgat or third parties.

Duvel Moortgat allows you to view or download the information offered on this site for peronal use only. It is not allowed without written permission by Duvel Moortgat, to save the information offered on the web site (except if it is necessary to have a look at the information concerned or to download it for personal use), to reproduce, modify, publish, distribute, send, sell or transfer it or to grant rights to it to third parties.

Internet communication platform

The web site is an Internet communication platform that offers the user the possibility to engage in interaction. Duvel Moortgat offers no guarantee whatsoever concerning the offered information and can therefore not be held responsible for damages following the use of data exchanged and communicated through the site by users or third parties.
As a user of this site, you are bound to send only relevant information and messages to the site. You shall respect the principles of the web code (the behaviour rules concerning a decent use of the internet). Duvel Moortgat reserves the right to publish, refuse or delete completely or partly the data entered by the users, without notice nor further explanation. The user recognises that the sent information becomes public, so that Duvel Moortgat can publish the information concerned on the web site so it can be viewed by others, without the user being notified.

Improper use of the site

The user agrees : (i) not to use the web site information for illegal purposes, (ii) not to use the web site in such a way that it is damaged, transformed, or that interrupts or prevents access to the web site, (iii) not to use the web site to send viruses or for the transmission or distribution of material of a obscene or threatening nature and (iv) not to use the web site in a way that will infringe the rights of a person, legal person or association.

Liability

Duvel Moortgat takes all reasonable precautions to assure that information published on the web site is as correct as possible. However, errors and mistakes are possible. Duvel Moortgat offers the site “as it is”, without giving any guarantees concerning the offered information. The user cannot suppose that the published information is always correct. If you wish to be certain of certain information, please contact Duvel Moortgat directly. The information on this web site is modified periodically. Duvel Moortgat reserves the right to improve/modify the web site at any time.

If any direct or indirect advices are given on the site, these are given without any form of guarantee. Duvel Moortgat cannot be held responsible for these advices. You should always consult an expert for additional information concerning an advice relevant to your situation.

Duvel Moortgat cannot be held responsible for inaccuracies or faults in the information posted on the site, be it information posted on the site by Duvel Moortgat or by third parties. Damages following the use of incorrect data or defaults of the web site do not entitle you to any financial compensation. Duvel Moortgat disclaims any responsibility towards users or third parties for any direct, indirect, incidental, moral, material or profit loss or any other damage that is the consequence of the use or the interpretation of the information offered on the site.

For the technical realisation of the web site, Duvel Moortgat used state of the art techniques. Duvel Moortgat cannot be held responsible for the temporary interruption or malfunctioning of the system.

You understand and accept that the use of the web site and the information and/or data that you acquire through the web site, is at your own risk and that you will solely be held responsible for any damage to your computer or loss of data following the download of certain data and/or information.

Proof and applicable law

The Belgian right is applicable to the web site and its Terms of Use. Parties accept that electronic communication between them has legal force as written proof. In case of disagreements or disputes, only the courts of Mechelen are qualified, unless urgent law stipulations do not accept their competency.

Duvel Moortgat disclaims responsibility for links to sites managed by third parties. The sites linked to by Duvel Moortgat are developed by people over whom Duvel Moortgat excercices no control, therefore Duvel Moortgat disclaims responsibility for their content. The existence of links to these web site does not imply that Duvel Moortgat approves of the information on these sites, nor does it imply necessarily a collaboration between Duvel Moortgat and the owner of the web sites concerned. The web sites to which Duvel Moortgat has linked, can follow a privacy and security policy totally different compared to Duvel Moortgat’s policy.


B. Privacy

Data privacy is extremely important to Duvel. Therefore, we want to communicate openly and be transparent on how Duvel treats your personal data. This privacy policy has the objective to inform you of the data that Duvel collects, why we collect this data, how we treat the data you provide to us, and what your rights are.

1. WHO PROCESSES YOUR DATA?

The Belgian company, DUVEL MOORTGAT NV, with registered office at 2870 Puurs,  Breendonkdorp 58, registered in Crossroads Bank for Enterprises with company registration number 0400.764.903 (herein after referred to as “DUVEL”) is the responsible for processing and is controller of your personal data.

2. WHICH DATA DO WE COLLECT?

We collect only personal data that you wish to provide to us or that we need to offer our services to you. All the forms on our website indicate which fields are required to complete, and which fields are optional.
This is data that you provide to us directly for a specific purpose, which includes:

  • Personal contact information, including all information that DUVEL requires to personally contact you (such as name, home address, e-mail address, and telephone number). If you provided you telephone number, our company will only contact you on this number (or by sms/mms if you provided your mobile phone number) if it is required to inform you on the questions or orders you made;
  • Payment information, amongst others to make purchases (like credit card number, expiry date, invoice address). Note: we don’t save payment or credit card data. We only use payment information in the context of your purchase of DUVEL products;
  • Login data, including information required to create a user account with DUVEL (like login-ID/e-mailaddress, user name, password, and security question and answer);
  • Consumer feedback, including information you share with DUVEL about your experience with DUVEL products and services (such as your comments and suggestions, testimonials and other feedback related to our products);
  • Demographic data (such as birth date, age, sex).

In the case of errors in the address, invoice address or other personal data, DUVEL can’t be held responsible for the impossibility to fulfil its obligations.

3. WHY DO WE COLLECT PERSONAL DATA?

Most of our services do not require any form of registration. You can visit our website without telling us who you are. However, some of our services require registration:

  • Orders: To process and deliver your orders and to inform you of its status. We use this information to process your transaction, follow your purchase and provide assistance in the case of issues with the delivery, returns and other problems related to the purchase of DUVEL products. The processing of your personal data for this objective is necessary for the application of the agreement we concluded.
  • Maintenance of your account: To create and maintain your DUVEL account, including the offering of loyalty programs that are linked to this account. It is our legitimate interest to process your personal data for this purpose;
  • Customer service: To provide better services to our customers, including answering to your questions, complaints and general feedback on our products.  Our service to customers can be offered through different communication channels, such as e-mail, letter, telephone. It is our legitimate interest to process your personal data for this purpose;
  • Promotional messages: To send promotional messages, only if you specifically agreed to receive such messages. It is our legitimate interest to process your personal data for this purpose.

If you choose not to provide your personal data, it is possible that you can’t access certain parts of our website or that we can’t answer to your request.
DUVEL can use your personal data for all or some of the following purposes:

  • Direct marketing : Only if you specifically agreed to receive such messages.
  • Personalization: Duvel can combine personal data with data destined to provide you a more complete view on yourself as consumer, by which DUVEL can give you a better and more personalized service (organization of contests, sending newsletters).
  • Optimization of the website: DUVEL also collects information in logfiles. This information is used for internal purposes, like traffic and profiling to further fine-tune our services offered on the website.
  • Other specific purposes : We can use your data for other specific purposes, like the daily operation and safety of our DUVEL sites, to conduct audits and to contact you for consumer surveys, when you agreed to this.

4. DO WE SHARE YOUR PERSONAL DATA ?

Your personal data will in no case be given, transferred or sold to third parties. DUVEL can call upon  service providers, representatives or contractors to provide services in name of DUVEL, such as providing you the DUVEL sites and the services that are available to you (such as delivery). It is possible that these external parties gain access to your personal data or need to process these. DUVEL requires by means of a written agreement of these third parties that they comply to all relevant legislation related to protection of data and security measures with regard to personal data.
DUVEL only shares data that is needed to deliver our products or to offer our services.

5. DIRECT MARKETING

As a customer, you can only receive promotional e-mails about our products in case you specifically agreed to this. If you no longer wish to receive these messages from DUVEL, you can, at all times unsubscribe by:

We will no longer include you in our mailings or newsletters. At any time you decide to no longer receive commercial or promotional information regarding our products and services or regarding products and services or our associated companies or business relations, you can unsubscribe.

6. WHAT ARE YOUR RIGHTS?

Rights to information and access to personal data
You have the right to request DUVEL to gain access and to rectify your personal data or to limit the processing of your data. More specifically, you have the right to gain access to your personal data and the following information: the purposes of processing, the categories of personal data, the recipients or categories of recipients to whom the personal data is provided or will be provided, more specifically recipients in third countries or International organisations, and, if possible, the period it is expected that your personal data will be stored and if not possible, the criteria that determine this retention period.

Right to rectification of data
The personal data needs to be accurate, and if needed, be updated. Therefore, you have the right to rectify your personal data.

Right to data portability
You have the right to obtain your personal data, provided to DUVEL, in a structured, commonly used and machine-readable format, and you have the right to transmit this data to another controller, if this is technically possible.

Right to erasure (“right to be forgotten”)
You have the right to obtain from DUVEL the erasure of your personal data without undue delay, and DUVEL has the obligation to erase this data without undue delay when the personal data are no longer necessary in relation to the purposes for which they were collected (e.g. an order that was placed).

Right to restriction of processing
You have the right to obtain from DUVEL the restriction of processing when:

  • The accuracy of your personal data is contested by you, for a period enabling DUVEL to verify the accuracy of the personal data;
  • The processing is unlawful and you oppose the erasure of your personal data and you request the restriction of its use instead;
  • DUVEL no longer needs your personal data for the purposes of processing, but you require these for the establishment, exercise or defense of a legal claim.

Right to object
You have the right to object to the processing of your personal data for the specified purpose, to the extent the processing of data is not required for legal obligations and for the normal operations of the organization. DUVEL shall no longer process personal data in this case, unless there are legitimate grounds for the processing which override your interests, rights and freedoms (e.g. in the context of a labor agreement).

7. COOKIES

Certain categories of data are received and stored each time you have contact with us.
For example, like a lot of other websites, we use “cookies” and we receive certain types of data when your web browser opens DUVEL (e.g. which pages are visited). This way, we can adapt our site better to your expectations. We don’t use this data for profiling of our visitors.
More information on cookies you can find in our “cookie policy”.

8. SAFETY

DUVEL makes efforts to implement and maintain the appropriate measures to ensure that the safety, integrity and privacy of the personal data you provided is not abused. When processing your personal data, we take reasonable measures to protect this information from loss, abuse, unauthorized access, disclosure, modifications or deletion.
We use different technical and organizational measures to protect your personal data and to help prevent theft, abuse and unauthorized access, disclosure, modifications and deletion of your information. For example, we maintain the data provided by you on computer systems with limited access and in controlled environments. In addition, we require our external datacenter providers to take appropriate security measures. While transferring your data through internet, your data is protected by encryption. Your password is encrypted and can’t be made legible, which means it can’t be recovered or be disclosed by anybody, not even by DUVEL.
When you place an order online and choose online payment by Visa, Master Card or Eurocard, you will be requested to provide the card number. The processing of this transaction is done by the certified payment provider Ingenico who guarantees a 100% safe transaction. DUVEL will not see you card number or other data.
For questions about the safety of your personal data you can contact us through dataprotection@duvel.com.

9. LINKS TO OTHER WEBSITES

The site can contain links to other websites. When you leave the site and visit another website, it is possible that other privacy practices are applied and that another privacy policy is applicable of which DUVEL has no control and for which we are not responsible.

10. RETENTION

DUVEL retains personal data no longer then strictly needed for the offering of our services or products, to perform transactions you have requested or for essential purposes like respecting our legal obligation, the settlement of potential disputes and to comply with our agreements. Because these needs can differ, the retention periods can also differ considerably.
We can maintain your personal data after a last interaction with DUVEL for a reasonable period for example to follow-up on an order. When the personal data we collected is no longer required for the purpose for which they were maintained, we will delete them in a secure way.

11. CHILDREN

This website is not aimed at individuals that don’t have the legal age of 18 years. We don’t purposefully collect data of these individuals. They can only use the services of our site in the presence of a parent or guardian and only with their permission. If, after reporting of a parent or guardian, or after discovery in another way, it seems that a child younger than 18 years is registered unjustly with false data, we shall remove the account of the child and delete the personal data of the child from our registration.

12. LEGAL REQUIREMENTS

DUVEL can divulge your personal data if it legally needs to or if DUVEL, in good faith, judges that such divulgation is reasonably necessary to fulfill legal procedures or to react on potential claims.

13. MERGERS AND ACQUISITIONS

In case of a partial or complete merger or partial or complete acquisition of DUVEL by another company, the company that acquires DUVEL shall receive access to the information that is maintained by DUVEL, but is also bound to the same obligations with regard to your personal data.

14. TRANSFER OF DATA (OUTSIDE EEA)

DUVEL has implemented appropriate measures to protect your personal data when these are transferred internationally, for example by using standard contractual clauses as approved by the European Commission. Your protection is hereby guaranteed.
This website uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses “cookies”, which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States . Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. By using this website, you consent to the processing of data about you by Google in the manner and for the purposes set out above.

15. ENTRY INTO FORCE AND MODIFICATIONS

This policy is created and enters into force as from 25/05/2018.
We maintain the right to, if it is deemed necessary, to change, modify, add or delete (parts) of this policy. You have to consult this page regularly to familiarize yourself with the latest version of this policy, because your continued use of this website after the publication of modifications to these clauses will mean that you accept these modifications. We will never make important changes retroactively to our use of your personal data without requesting your permission.

QUESTIONS?
If you have questions on the use of your personal data or about the security of our website, contact us by sending an e-mail to dataprotection@duvel.com.
Unless specifically mentioned otherwise, DUVEL is controller for the personal data we collect and to which this privacy policy applies. Our addres is 2870 Puurs, Breendonkdorp 58, Belgium.