Privacy policy
This “Privacy Policy” regulates the processing of your personal data by the person responsible for processing: KAN Creative Consultants nv, with registered office at Mechelsesteenweg 271/6.1, 2018 Antwerp, KBO number 0441.918.340 (hereinafter: “KAN”).
Please read this Privacy Policy carefully, as it contains essential information about how your personal data is processed and which cookies are used. By providing your personal data on the kandesign.com website, you declare that you have read and expressly agree to this Privacy Policy, as well as to the processing itself.
Article 1 - General
1.1. Through the current Privacy Policy, KAN is responsible for the processing of personal data in line with the European Regulation 2016/679 of 27 April 2016 on the protection of personal data.
Article 2 - Personal Data
2.1. Personal data that you provide to us:
Category 1: when you visit our website: your IP address, browser, browsing behavior on our website, keywords that you used to find us;
Category 2: when registering for our newsletter: your first name, last name, email address, company, position;
Category 3: when creating an account on our website: your first name, last name, email address, password, company, position;
Category 4: when ordering online: your first name, last name, email address, telephone number, company, position;
Category 5: as a result of using our website with your account: your files and documents, your login sessions.
2.2. KAN can collect data from you (personal data) in various ways:
by using cookies;
obtained directly from you;
obtained by external Identity Management software.
Article 3 - Purposes of processing
3.1. General purposes:
KAN will only use the personal data collected from you for the following purposes:
Category 1: for providing and improving our website and for including personal data in anonymous statistics, from which the identity of specific persons or companies cannot be determined, based on the legitimate interests of KAN to continuously improve its website and services;
Category 2: sending you direct marketing, newsletters, promotions and promotions, with your explicit prior consent as the legal basis;
Category 3: for managing your account with a view to using our website, having as its legal basis the execution of an agreement that was requested by you, and, if indicated by you, also for sending direct marketing, having as its legal basis your explicit, prior consent where necessary or, where appropriate, our legitimate interest;
Category 4: the delivery and billing of products ordered by you, with the legal basis for providing a service that was requested by you;
Category 5: the provision of the KAN services within the website in accordance with our terms of use and the technical and practical descriptions on our website and in the user manual.
You are not obliged to disclose your personal data, but understand that the provision of certain services will become impossible if you refuse processing.
3.2. Direct marketing:
Your personal data can be used for direct marketing, provided you have given additional explicit consent (“opt-in”) or if you are an existing customer, to whom we only advertise related goods or services, in which case we have a legitimate interest.
If you are already included in our mailing list for receiving marketing material in paper and/or electronic form, KAN may use your data to send marketing and other material related to KAN, its products and/or services. KAN can use the information you provide to update documents stored by KAN.
This consent can be withdrawn at any time, without justification and free of charge, for example, by clicking on the appropriate unsubscribe link at the bottom of each promotional e-mail message.
3.3. Transfer to third parties:
In certain cases, KAN is obliged to share your data with third parties. In such cases, KAN will make every reasonable effort to inform you in advance of the fact that KAN will disclose your details to said third party, but you also acknowledge that this is not technically or commercially feasible under all circumstances. In any case, KAN may share your data with our technical service provider KAN Communication Design cv, as well as with our accountant, lawyer and other administrative partners.
If one of our partners is located outside the EU or if for any reason your data has to leave the EU, KAN will ensure that this data export only complies with the legal European and Belgian rules in this field and, in particular, where necessary, make use of the European Commission's Standard Contract Clauses concerning data security when exporting.
KAN will not sell, rent, distribute or otherwise make commercially available your personal data to third parties, except as described above or with your prior consent.
In the event of a complete or partial reorganization or transfer of KAN's activities, where KAN reorganizes, transfers or ceases its activities, or if KAN goes bankrupt, this may mean that your data is transferred wholly or partly to new entities or third parties through whom KAN's business activities are carried out wholly or partly.
3.4. Legal requirements:
In rare cases, it may happen that KAN must disclose your personal data pursuant to a court order or to comply with other mandatory laws or regulations. KAN will make reasonable efforts to inform you about this in advance, unless this is subject to legal restrictions.
Article 4 - Duration of processing
The personal data is stored and processed by us for a period that is necessary, depending on the purposes of the processing and depending on the contractual relationship between the KAN and you.
Specifically, this means that your data is stored as follows:
- Category 1, for the duration of your surf session and up to 12 months thereafter;
- Category 2: for the duration of your account and up to 5 years thereafter;
- Category 3: for the duration of your account and up to 5 years thereafter;
- Category 4: for the duration of your account and up to 5 years thereafter;
- Category 5: for the duration of your account and up to 5 years thereafter.
Article 5 - Your rights
5.1. Right of access and inspection:
You have the right to access your personal data, as well as the use that we make of your personal data, free of charge, at any time.
5.2. Right to rectify, delete and restrict:
You are free to decide whether or not to share your personal data with KAN. In addition, you always have the right to ask us to correct, supplement or delete your personal data. You acknowledge that if you refuse to provide information or request the deletion of personal data, certain services and products will not be available.
You may also request that the processing of your personal data be restricted.
5.3. Right to object:
You also have a right to object to the processing of your personal data for serious and legitimate reasons.
In addition, you always have the right to object to the use of personal data for direct marketing purposes. In such a case, you do not have to provide reasons.
5.4. Right to free data transfer:
You have the right to obtain your personal data that is processed by us in a structured, common and machine-readable form and/or to transfer it to other controllers.
5.5. Right to withdraw consent:
Insofar as the processing is based on your prior consent, you have the right to withdraw that consent.
5.6. Exercising your rights:
You can exercise your rights by contacting us for this purpose, either by email to our Data Protection Officer at privacy@kandesign.com, by post to KAN at the address stated in the preamble to this Privacy Policy or by using the “Contact Us” section of the website, including a copy of your identity card.
5.7. Automatic decisions and profiling:
The processing of your personal data does not include profiling and you will not be subject to automated decisions by us.
5.8. Right to file a complaint:
You have the right to file a complaint with the Belgian Data Protection Authority:
Drukpersstraat 35, 1000 Brussels
Tel: +32 (0) 2 274 48 00
Fax: +32 (0) 2 274 48 35
contact@apd-gba.be
This is without prejudice to a provision before a civil court.
If you should suffer damage as a result of the processing of your personal data, you can file a claim for compensation.
Article 6 - Security and Confidentiality
6.1. We have developed technical and organisational security measures to prevent the destruction, loss, falsification, alteration, unauthorised access or accidental disclosure to third parties of personal data, as well as any other unauthorised processing of this data.
6.2. Under no circumstances can KAN be held liable for any direct or indirect damage resulting from incorrect or unlawful use of the personal data by a third party.
6.3. You must comply with the security regulations at all times, including by preventing any unauthorized access to your login and code. You are therefore solely responsible for the use that is made of the website of your computer, IP address and your identification data, as well as for its confidentiality.
Article 7 - Third-party access
7.1. In order to process your personal data, we provide access to your personal data to our employees.
7.2. We guarantee a similar level of protection by making contractual obligations enforceable to these employees and appointees, which are similar to this Privacy Policy.
Article 8 - Cookies
8.1. What are cookies?
A “cookie” is a small file sent by the KAN server and placed on your computer's hard drive. The information stored on these cookies can only be read by us and only for the duration of the visit to the website.
8.2. Why do we use cookies?
Our website uses cookies and similar technologies to distinguish your user preferences from those of other users of our website. This helps us provide you with a better user experience when you visit our website and also allows us to optimize our website.
As a result of recent legislative changes, all websites that target certain parts of the European Union are required to obtain your consent to use or store cookies and similar technologies on your computers or mobile devices. This cookie policy provides you with clear and comprehensive information about the cookies we use and their purpose.
8.3. Types of cookies:
Although there are different types of cookies, differing in terms of functionality, origin or storage period, the legislation mainly distinguishes between functional or technically necessary cookies on the one hand and all other cookies on the other.
The website only uses the cookies associated with your login sessions with your account.
For cookies placed by third parties (including Google Analytics), please refer to the statements that these parties provide on their respective websites. Please note that we have no influence on the content of these statements, nor the content of the cookies of these third parties.
8.4. Your consent:
When you first visit our website, you will be asked to accept our different types of cookies. You can allow or reject cookies category by category. You can change the cookie settings for our website at any time via the hyperlink at the bottom of our website and thus withdraw your consent.
You can refuse the installation of these cookies by selecting “Reject Cookies” in the pop-up screen provided for this purpose when you first use the website.
You can also refuse or block cookies by changing the configuration parameters of your navigation system. Disabling cookies may mean that you will not be able to use certain features of the website.
You can also find more information about cookies at: http://www.allaboutcookies.org. More information about online behavioral advertising and online privacy can be found here: http://www.youronlinechoices.eu.