Privacy and Legal Notice

Last update: [ 17/09/2020 ].

Introduction

This site ("Website") is a Website owned and operated by Ontex BV, a company incorporated and existing under the laws of Belgium with its registered office at Genthof 5, 9255 Buggenhout, Belgium, and registered in the legal entities register (KBO) under number 0419.457.296, and its Affiliates* (hereafter “Ontex”, "we", "our") who control and make use of your Personal Data Website collected via this Website.

Ontex is the Controller of any Personal Data collected via this Website and we take our data protection and privacy responsibilities seriously, so we have provided this Privacy Policy which explains how we collect and use Personal Data if you choose to register with, or submit information to, this Website. We also explain certain rights that you have in respect of your Personal Data. Please read this policy carefully to understand our practices in relation to Personal Data.

Please note that this Website contains links to other websites that are not operated by Ontex, for which Ontex is not responsible and to which this Privacy Policy does not apply. You should check the relevant third party's Website and respective Privacy Policy for more information about their Processing of your Personal Data.

* Affiliates means any company controlled by, controlling or under common control of Ontex BV, whereby control shall mean the ownership of at least 50% of the shares. You can access the list of Ontex entities in our annual report on www.ontexglobal.com.

What Personal Data do we collect and how do we collect it?

Your Personal Data will be Processed in accordance with applicable data protection and privacy laws and regulations, including the General Data Protection Regulation (EU) 2016/679 of 27 April 2016 and implementing local laws, as may be amended, replaced or repealed from time to time (“Data Protection Laws”). For the purposes of this Privacy Policy, “Personal Data”, “Controller”, “Processor”, “Data Subject” and “Process/Processing’ shall have the same meaning as in the applicable Data Protection Laws.

Personal Data is collected when you voluntarily submit it through a form on this Website, if you purchase our products or register with or use one of our Website or online services. This Website automatically collects certain data concerning its visitors and how they interact with the Website as described below under ‘When you use one of our Website or online services’. Some information collected automatically in this way will constitute Personal Data, and may be collected via cookies and other tracking technologies. Aggregate information (that does not constitute Personal Data, such as how many times visitors log onto our Website) may also be collected. We explain more about our use of cookies and tracking technologies in our cookie policy available here.

  • When you create an account on our Website, purchase our products, or register to receive our newsletter, we may collect your name, email address, telephone number, country, year of birth, your address, choice of language and personal data regarding the selection of the type of product. We may also collect your gender and whether you are a user, a professional or a carer, if you decide to provide this information to us. During the payment process certain credit card data may be collected to secure payment.
  • When you contact our helpdesk, we will collect identification and payment data as relevant for the sale and delivery of our products or to respond to your query or complaint and, as far as necessary, for the handling and fulfilment of the order and complaint and on-going provision of our products.
  • When you use one of our Website or online services, we may collect information about the device you use to access our Website, your browser type, operating system, IP address, domain name, number of times you visited the Website, dates you visited the Website, date and time of an online request, the time required to download information you requested, error codes generated while your browser is in contact with our Website and the amount of time you spent viewing the Website.
  • When you engage with us through social media e.g. Facebook, we may collect login information and any Personal Data you voluntarily provide, such as opinions, or messages you post on our social media pages. If you upload content, including your Personal Data, to a social network and then tag our Website, your submission will also be subject to that social network's terms of use and privacy notice, even where you post on an official Ontex page on the social network. We do not have control over these terms of use and privacy policies, and have not reviewed their adequacy. You should therefore review these before submitting any Personal Data.

How do we use Personal Data?

  • To provide our products and services

We will use Personal Data in connection with the sale of our products and services. We may use the information collected in order to validate your order or subscription, to Process your payment and to provide the products and services that you requested, ordered or to which you subscribed. We will also use your Personal Data as far as necessary for the handling and fulfilment of your order as well as to provide customer support. The submission of some Personal Data is necessary in order to process your order or subscription, and/or deliver the products you have ordered, and without it you will not be able to make purchases from us.

  • For internal business purposes

We may use Personal Data for internal business purposes such as:

  • to improve our products in order to make them fit for our customers' needs and to draw insights in relation to possible improvements;
  • to improve our services to you and customize your browsing experience. Some of the information (particularly the information collected by cookies and other tracking technology) helps us improve our website; and
  • to track any fraudulent activities and other inappropriate activities and monitor content integrity on our website.
    • To communicate with you

    We will use your Personal Data to respond to your queries and/or complaints about our products or services, and to provide you with important information about your account and your products e.g. to inform you that your payment has been accepted or your order has been processed. The provision of some Personal Data may be necessary in order to resolve a query or complaint effectively.

    • To carry out marketing activities

    Subject to your consent if required under applicable law, we may use your Personal Data to carry out direct marketing activities for Ontex’ products and services (including the sending of our newsletter if you subscribe thereto). You may at any time request that we discontinue sending you such materials.

    You have the right, without having to provide any reason, to prevent the Processing of your Personal Data for the purposes of direct marketing. Please contact us by sending us an email at gdpr@ontexglobal.com if you would like to exercise this right.

    Legal basis

    We will only collect, use and share your Personal Data where we are satisfied that we have an appropriate legal basis for doing so. Ontex’ basis for collecting Personal Data depends on the purpose of collection and hence are:

    • In our legitimate interest, subject always to your interests and fundamental rights. For example we use Personal Data in order to ensure that this Website functions properly and that we protect this Website and your Personal Data against unauthorized access;
    • For the execution of a contract in case you are a customer placing or asking information about an order or about our products, or to take steps to enter into a contract;
    • Based on consent, in such cases as required by law. For example the sending of direct marketing. You can withdraw your consent to any Processing activity we carry out on this basis;
    • Compliance with a relevant legal or regulatory obligation that we have. For example, maintaining records in accordance with health and safety, tax, audit or company law requirements.

    Where the basis of Processing is your consent, you have the right to withdraw your consent, and therefore prevent that Processing, at any time. Please contact us by sending us an email at gdpr@ontexglobal.com if you would like to withdraw your consent.

    How long do we keep your Personal Data?

    Your Personal Data is kept for as long as is as is needed for the purpose for which it was collected e.g. in order to respond to your query, or to perform our contract with you, in case you are a customer. Ontex may keep your personal information for a longer period of time if required to do so by law, regulatory, tax or accounting requirements. In specific circumstances we may also store your Personal Data for longer periods of time so that we have an accurate record of your dealings with us in the event of any complaints or challenges, or if we reasonably believe there is a prospect of litigation relating to your Personal Data or dealings.

    Please contact us by sending us an email at gdpr@ontexglobal.com, if you have any questions regarding how long we store your Personal Data.

    Use of Cookies and Other Tracking Technologies

    Our websites uses certain monitoring and tracking technologies (such as cookies, beacons, pixels, tags and scripts). These technologies are used in order to maintain, provide and improve our services on an ongoing basis, and in order to provide our customers with a better experience. For example, thanks to these technologies, we are able to maintain and keep track of our customers' preferences and authenticated sessions, to better secure our services, to identify technical issues, user trends and effectiveness of campaigns, and to monitor and improve the overall performance of our services.

    You can find out more information about the cookies that we use on our websites by reading our cookie policy available here.

    Your rights

    You have the following rights in respect of your Personal Data:

    • To request that we provide you with a copy of your Personal Data that we hold and you have the right to be informed of: (a) the source of your Personal Data; (b) the purposes, legal basis and methods of Processing; (c) the Ontex entity that is the Controller of your Personal Data; and (d) the entities or categories of entity to whom your Personal Data may be transferred;
    • To request that your Personal Data be corrected or deleted. Ontex will seek to verify the accuracy of the Personal Data before correcting it. The right to delete your Personal Data can only be exercised in limited circumstances e.g. where it is no longer needed for the purposes for which it was collected; where you have withdrawn your consent (if this was the legal basis); following a successful exercise of your right to object; where your Personal Data has been unlawfully Processed; or where your Personal Data must be erased in order for Ontex to comply with its legal obligation. Ontex is however not required to comply with your request to delete your Personal Data where your Personal Data needs to be Processed for compliance with our legal obligations or for the establishment, exercise or defence of legal claims.
    • To restrict the Processing of your Personal Data. This applies where (i) the accuracy of the Personal Data is contested, in which case, we will Process it to allow us to verify its accuracy; (ii) where the Processing is unlawful, but you do not want it erased; (iii) where it is no longer needed for the purposes for which it was collected, but you still need it to establish, exercise or defend legal claims; or (iv) you have exercised the right to object, and verification of overriding grounds is pending.
    • To object to the Processing of your Personal Data. This applies to Personal Data which we Process based on our legitimate interest, and you believe your fundamental rights and freedoms outweigh our legitimate interests. You can also object to and prevent the Processing of your Personal Data for direct marketing purposes.
    • To request any Personal Data that has been transmitted by you to Ontex in a machine readable format or to have it transferred directly to another Controller, but in each case, only where: the Processing is based on your consent or on the performance of a contract with you; and the Processing is carried out by automated means.
    • To obtain a copy of, or reference to, the safeguards under which your Personal Data is transferred outside the European Economic Area and the United Kingdom. We may redact data transfer agreements to protect commercial terms.
    • To launch a complaint if you are of the opinion your Personal Data is not appropriately handled by Ontex. Ontex’ lead Data Protection Authority is the Belgian Data protection Authority (www.autoriteprotectiondonnees.be – www. www.gegevensbeschermingsautoriteit.be), whom you can contact in such case (contact@apd-gba.be – Rue de la Presse – Drukpersstraat 35, B-1000 Brussels, Belgium). You have also the right to lodge a complaint with your local data protection supervisory authority (i.e. your place of habitual residence, place or work or place of alleged infringement) at any time. We ask that you please attempt to resolve any issues with us before your local supervisory authority.

    When you submit a request to exercise one of the above rights, we may need to request further information in order to confirm your identity. Please also note that we may rely on applicable exemptions under EU, Member State or UK law in order to deny part or all of your request. If we do so, we will inform you when responding to your request.

    Disclosure of information to third parties

    Personal Data may be transmitted internationally through the Ontex worldwide organization or to third parties for the purposes identified below.

    When you order a product on the Website, Ontex may share your personal data with other companies of the Ontex group (a list of Ontex affiliates is available at http://www.ontexglobal.com/ontex-around-world) located in the European Economic Area and the United Kingdom, for the purposes of managing your orders, delivering the products, after-sale services, billing and invoicing, providing assistance, accounting and tax purposes, handling complaints, legal compliance, direct marketing, in accordance with applicable data protection laws.

    Although we may provide your Personal Data to service providers that process Personal Data on our behalf as Processors, we do not share your Personal Data with third parties for secondary or unrelated purposes, except as explained below or as otherwise indicated at the time of collection of the data in accordance with applicable law. These service providers with whom we share your Personal Data have agreed to confidentiality restrictions and use of any Personal Data we share with them will be solely for the purposes of providing the contracted service to us. These service providers include IT service providers who help manage our IT and back office systems.

    If in the future, Ontex sells or transfers some or all of its business or assets to a third party, Ontex may disclose Personal Data to a potential or actual third party purchaser of Ontex business or assets.

    Where appropriate or required, personal data may be disclosed to law enforcement, regulatory or other government agencies, or third parties where necessary or desirable to comply with legal or regulatory obligations or requests or for the purposes identified above. Where we receive requests for information from law enforcement or regulators, we will carefully validate these requests before any Personal Data is disclosed.

    Some of the ways in which Ontex shares Personal Data may include transfers outside the European Economic Area and the United Kingdom, including in countries that may not offer the same level of data protection as in the European Economic Area or the United Kingdom. Ontex has taken and will continue to take appropriate safeguards so that Personal Data remain subject to appropriate level of protection in accordance with applicable data protection law for the purposes identified above. These include implementing the EU Model Clauses, requiring third parties to have appropriate protection in place, firewalls, passwords, etc. You have a right to contact us for more information about the safeguards we have put in place (including a copy of relevant contractual commitments) to ensure the adequate protection of your Personal Data when these are transferred as mentioned above.

    Information security

    We have appropriate technical and organizational security measures, including commercial standards of technology and operational security in place to protect the Personal Data provided by you from accidental or unlawful destruction or accidental loss, alteration unauthorized access, disclosure or transfer, misuse, and against all other unlawful forms of Processing, as required under applicable Data Protection Laws.

    Ontex takes all reasonable measures to ensure confidentiality of the Personal Data communicated by you. However, you should understand that transmission of Personal Data via the Internet is never without risk.

    Information security

    Ontex understands the importance of protecting children's privacy in the interactive online world. The Website covered by this privacy policy is not designed for or intentionally targeted at children of 16 years of age or younger. It is not Ontex’ policy to intentionally collect or maintain information about anyone under the age of 16. If you are under 16, you may use this Website only with the involvement and supervision of a parent or guardian.

    If we learn we have collected or received Personal Data from a person under 16 without the involvement and supervision of a parent or guardian (and, where necessary in relation to the legal basis for Processing, their consent), we will delete that information. If you believe we might have any information from or about a person under 16, please contact us at gdpr@ontexglobal.com.

    Contact and complaints

    If you have any questions or complaints regarding the protection of your personal data collected via the website, you can contact us at the following coordinates:

    Ontex bv, Genthof 5, 9255 Buggenhout, Belgium.
    gdpr@ontexglobal.com.

    You can also contact our Privacy Officer at the following coordinates:
    Ontex bv, Genthof 5, 9255 Buggenhout, Belgium, gdpr@ontexglobal.com.

    Updates to this Privacy Policy

    If Ontex changes its privacy practices, an updated version of this Privacy Policy will reflect those changes and we will notify you of such changes by updating the effective date at the top of this Privacy Policy. Without prejudice to your rights under applicable law, Ontex reserves the right to amend this Privacy Policy from time to time to reflect technological advancements, legal and regulatory changes and good business practices.