1.1. This policy applies where we are acting as a data controller with respect to the personal data of our website visitors and customers; in other words, where we determine the purposes and means of the processing of that personal data.
1.2. In this policy, “we”, “us” and “our” refer to Grocon bv (“Grocon”), brand name Conid. For more details about us, see Section 9.
2. How we use your personal data
2.1. In this Section 2 we have set out:
(a) the general categories of personal data that we may process;
(b) the purposes for which we may process personal data; and
(c) the legal bases of the processing.
2.2. We may process information relating to our customer relationships, including customer contact information (“customer relationship data”). The customer relationship data may include your name, address, your company, VAT number, your contact details, the type and price of pen you purchased, and information contained in communications between us and you. The source of the customer relationship data is you. The customer relationship data may be processed for the purposes of managing our relationships with customers and potential customers, communicating with them, keeping records of those communications, promoting our products and services to customers, and building a community of like-minded pen enthusiasts. The legal basis for this processing is our legitimate interests, namely the proper management of our customer relationships. We have conducted a LIA and come to the conclusion that we have a legitimate interest in processing customer relationship data. Customers who object to receiving marketing communication from us, will not receive such communications. The box requesting agreement to be contacted in the future on the website contact form, should not be interpreted as using consent as the legal basis for processing customer relationship data, but as an added element in justifying the legitimate interest as part of the LIA.
2.3. We may process information contained in any enquiry you submit to us regarding goods and/or services through the “Contact Us” form of the website (“enquiry data”). The enquiry data may be processed for the purposes of answering your query and similar queries in the future, identifying patterns in the enquires, and for the purpose of keeping records on comments regarding our products. The legal basis for this processing is our legitimate interest in answering customer’s questions and improving our products, thereby having a positive impact on customer experience. We have conducted a LIA and come to the conclusion that we have a legitimate interest in processing enquiry data should we start to do so.
2.4. We may process any of your personal data identified in this policy where necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure. The legal basis for this processing is our legitimate interests, namely the protection and assertion of our legal rights, your legal rights and the legal rights of others.
2.5. We may process any of your personal data identified in this policy where necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, or obtaining professional advice. The legal basis for this processing is our legitimate interests, namely the proper protection of our business against risks.
2.6. In addition to the specific purposes for which we may process your personal data set out in this Section 2, we may also process any of your personal data where such processing is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person, including for the purpose of ensuring product safety.
3. Providing your personal data to others
3.1. We may disclose your personal data to our insurers and/or professional advisers insofar as reasonably necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, obtaining professional advice, or the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.
3.2. Financial transactions relating to our website and services are handled by our payment services providers, Mollie.com. We will share transaction data with our payment services providers only to the extent necessary for the purposes of processing your payments, refunding such payments and dealing with complaints and queries relating to such payments and refunds. You can find information about the payment services providers’ privacy policies and practices at https://www.mollie.com/en/privacy.
3.3. We may disclose personal data to to Active Campaign LLC, or to another similar service that can process e-mailings, for the purpose of operating out mailing operations.
3.4. We may disclose usage data to our suppliers of website services insofar as reasonably necessary for domain or website hosting.
3.5. We may disclose usage data enquiry or customer relationship data or enquiry data to our suppliers of database software insofar as reasonably necessary for establishing such a database.
3.6. In addition to the specific disclosures of personal data set out in this Section 3, we may disclose your personal data where such disclosure is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person. We may also disclose your personal data where such disclosure is necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.
4. International transfers of your personal data
4.1. In this Section 4, we provide information about the circumstances in which your personal data may be transferred to countries outside the European Economic Area (EEA).
4.2. We do not have offices and facilities outside of the EEA and do not transfer any data outside the EEA, except as set out in this section.
4.3. Our mail-out campaign service provider Active Campaign LLC are located in the United States (see sub-Section 3.3), and are active participants of the EU-US Privacy Shield Framework (see: https://www.privacyshield.gov/participant?id=a2zt0000000GnH6AAK)
5. Retaining and deleting personal data
5.1. This Section 5 sets out our data retention policies and procedure, which are designed to help ensure that we comply with our legal obligations in relation to the retention and deletion of personal data.
5.2. Personal data that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.
5.3. We will retain your personal data as follows:
(a) customer relationship data will be retained as long as your account (My Conid) remains active with us, unless a customer requests removal and closure of his account. This category of data contains details on the components of the purchased pen and therefore allows the provision of after-sales repair service. If somebody will request a repair, we need to know exactly what components were used, as these components are often tailor-made. Unless we keep records of the precise component used, we will not be able to replicate the precise component. The necessity of keeping this data will be periodically reviewed.
5.4. Notwithstanding the other provisions of this Section 5, we may retain your personal data where such retention is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person, which includes ensuring product safety.
6.1. We may update this policy from time to time by publishing a new version on our website.
6.2. You should check this page occasionally to ensure you are happy with any changes to this policy.
7. Your rights
7.1. In this Section 7, we have summarised the rights that you have under data protection law. Some of the rights are complex, and not all of the details have been included in our summaries. Accordingly, you should read the relevant laws and guidance from the regulatory authorities for a full explanation of these rights.
7.2. Your principal rights under data protection law are:
(a) the right to access;
(b) the right to rectification;
(c) the right to erasure;
(d) the right to restrict processing;
(e) the right to object to processing;
(f) the right to data portability;
(g) the right to complain to a supervisory authority; and
(h) the right to withdraw consent.
7.3. You have the right to confirmation as to whether or not we process your personal data and, where we do, access to the personal data, together with certain additional information. That additional information includes details of the purposes of the processing, the categories of personal data concerned and the recipients of the personal data. Providing the rights and freedoms of others are not affected, we will supply to you a copy of your personal data. The first copy will be provided free of charge, but additional copies may be subject to a reasonable fee.
7.4. You have the right to have any inaccurate personal data about you rectified and, taking into account the purposes of the processing, to have any incomplete personal data about you completed.
7.5. In some circumstances you have the right to the erasure of your personal data without undue delay. Those circumstances include: the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed; and, the processing is for direct marketing purposes. However, there are exclusions of the right to erasure. The general exclusions include where processing is necessary: for compliance with a legal obligation; or for the establishment, exercise or defence of legal claims.
7.6. In some circumstances you have the right to restrict the processing of your personal data. Those circumstances are: you contest the accuracy of the personal data; processing is unlawful but you oppose erasure; we no longer need the personal data for the purposes of our processing, but you require personal data for the establishment, exercise or defence of legal claims; and you have objected to processing, pending the verification of that objection. Where processing has been restricted on this basis, we may continue to store your personal data. However, we will only otherwise process it: with your consent; for the establishment, exercise or defence of legal claims; for the protection of the rights of another natural or legal person; or for reasons of important public interest.
7.7. You have the right to object to our processing of your personal data on grounds relating to your particular situation, but only to the extent that the legal basis for the processing is that the processing is necessary for: the performance of a task carried out in the public interest or in the exercise of any official authority vested in us; or the purposes of the legitimate interests pursued by us or by a third party. If you make such an objection, we will cease to process the personal information unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing is for the establishment, exercise or defence of legal claims.
7.8. You have the right to object to our processing of your personal data for direct marketing purposes (including profiling for direct marketing purposes). If you make such an objection, we will cease to process your personal data for this purpose.
7.9. If, as a resident of the EU, you consider that our processing of your personal information infringes data protection laws, you have a legal right to lodge a complaint with a supervisory authority responsible for data protection. You may do so in the EU member state of your habitual residence, your place of work or the place of the alleged infringement.
7.10. You may exercise any of your rights in relation to your personal data by written notice to us, in addition to the other methods specified in this Section 7.
8.1. A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server.
8.2. Cookies may be either “persistent” cookies or “session” cookies: a persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date; a session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.
8.3. Grocon uses as a persistent cookie only functional cookies designed for keeping track of the products that have been put into your shopping cart.
8.4. Cookies do not typically contain any information that personally identifies a user, and Grocon does not link personal information that we store about to the information stored in and obtained from cookies.
8.5. Most browsers allow you to refuse to accept cookies and to delete cookies. The methods for doing so vary from browser to browser, and from version to version. However, blocking all cookies will have a negative impact upon the usability of many websites. If you block cookies, you will not be able to use all the features on our website.
10. Personal data of children
10.1. Our services are targeted at persons over the age of 18.
10.2. If we have reason to believe that we hold personal data of a person under that age in our databases, we will delete that personal data.
11. Our details
11.1. This website is owned and operated by Grocon BVBA
11.2. We are registered in the Belgium with company number 0890.491.474, and our registered office is at Grocon bv, Kernenergiestraat 71-73, 2610 Antwerp, Belgium.
11.3. You can contact us:
(a) by post, to the postal address: Grocon bv, Neerlandweg 30, 2610 Antwerp, Belgium; or
(b) using our website contact form.