Last updated on May 3rd, 2019
Whatever SA (hereafter “ ELIUM ” and “ We ”)
Rue Emile Francqui 1
1435 Mont-Saint-Guibert (Belgium)
Company number (VAT-BE): 0889.962.726
Feel free to get in touch if you have any privacy-related questions, we're here to help!
- “ Platform ”: refers to the Elium Software as a Service (Saas) platform as developed and offered by ELIUM and which is made available to the Licensee within the framework of a license agreement.
- “ Website ”: refers to the website www.elium.com .
- “ Licensee ”: refers to any natural or legal person who obtains a license from ELIUM to use the Platform under the conditions set out in a license agreement.
- “ End-User ”: refers to any natural person who uses the Platform directly via Licensee.
- “ Data Subject ”: refers to the Licensee, the End-User and to any natural person who visits the Website and discloses personal data to ELIUM.
The personal data disclosed by the Data Subject enable us to identify the Data Subject as a natural person. The Data Subject is identifiable as soon as it is possible to create a direct or indirect link between one or more information and the Data Subject as a natural person.
We only use and process your personal data in accordance with the GDPR and any replacement legislation, or any similar regulation under any applicable law, and any regulatory requirements or codes of practice governing the use, storage or transmission of personal data. Every reference in this Privacy Statement to the “ GDPR ” is a reference to the Regulation of 27 April 2016 on the Protection of Natural Persons with regard to the Processing of Personal Data and on the Free Movement of such Data (General Data Protection Regulation) .
3. Who is responsible for the processing of your personal data?
3.1. On the Website
3.2. On the Platform
At any time, ELIUM is free to rely on processors or sub-processors who will process your personal data upon our request and on our behalf. Our processors are required to ensure the security and the confidentiality of your personal data and will always act on our documented instructions. We remain your point of contact at any time.
More specifically, we rely on processors for hosting, statistical, administrative and marketing purposes.
4. On what legal grounds are my data processed?
In accordance with the GDPR, ELIUM processes the personal data of the Data Subjects on the following legal grounds:
- On the basis of the execution of the contract agreed upon with the Licensee or the execution of pre-contractual steps taken at his/her request; or
- On the basis of compliance with legal or regulatory provisions with regard to the management of the contractual relationship, invoicing in particular;
- On the basis of our legitimate interest in providing information, sending newsletters and producing statistics on website and platform traffic;
- On the basis of your consent in sending personalised marketing and advertising (direct marketing).
5. Which personal data are being processed?
ELIUM commits to only collect and process adequate and relevant personal data. We limit the collection of personal data to what is strictly necessary for the purposes for which the data are processed. The following categories of personal data are processed by ELIUM:
5.1 Personal information
Personal Information refers to any information that identifies you personally, such as your last name, first name, address, company name, login details, phone number and e-mail address and other information about yourself and your business. Personal information can also include financial information, such as bank details, invoices and payments. Based on the specific usage of the Platform by the Licensee, we can collect personal data on the End-Users, such as their name, login details and phone number.
These data are collected through our Website or the profile page of the End-User on the Platform. The amount of personal data collected depends on your use of our services.
5.2 Navigational Information
6. For which purposes are my personal data being used?
The processing of your personal data is essential for the provision of the Website, the Platform and our related services. ELIUM commits to solely process your personal data for the following purposes:
- For contractual management purposes, such as administration, order management, invoicing, checking creditworthiness, support and complaint monitoring;
- To provide the Data Subjects with a secure, optimal and personal user experience of our Website and Platform;
- For statistical purposes;
- To send you information which we think may be of interest to you, such as our newsletters;
- To send you personalised marketing and advertising if you have expressly agreed to it;
- To authenticate and identify End-Users on the Platform;
- To notify End-Users about activities on their content on the Platform;
- To send End-Users periodical activity summaries on the Platform.
7. Who receives your personal data?
Your personal data are processed for internal use within ELIUM. Your personal data will not be sold, passed on or communicated to any third parties, except in case you have given us your explicit prior consent. Please note that your personal data on the Platform are visible to all other End-Users within the Platform and to the Licensee.
8. How long do we store your personal data for?
Your personal data is stored as long as necessary to achieve the legitimate purposes set out in Article 5. They will be erased from our database as soon as they are no longer necessary to pursue those objectives or if the Data Subject validly exercises his/her right to erasure.
More specifically, the personal data of our prospects are retained for a period of five (5) years in our CRM from the time of their last activity.
In case of termination or expiration of the license agreement, ELIUM will undertake to delete all the personal data of the End-Users available on the Platform within thirty (30) calendar days.
9. What are my rights?
9.1 Guarantee of a legitimate and secure process of your personal data
Your personal data are always processed for the legitimate purposes set out in Article 5. They are collected and processed in an appropriate, relevant and non-excessive manner, and are not kept longer than necessary to achieve the intended purposes.
9.2 Right to access
If you can prove your identity, you have the right to obtain information about the processing of your data. You have the right to know the purposes of the processing, the categories of data concerned, the categories of recipients to whom the data are transmitted, the criteria used to determine the data retention period, and the rights that you can exercise on your data.
9.3 Right to rectification
Inaccurate, incomplete or outdated personal data may be corrected at any time.
9.4 Right to erasure (or “right to be forgotten”)
You also have the right to obtain the erasure of your personal data in the following cases:
- Your personal data are no longer necessary for the intended purposes;
- You withdraw your consent to the processing and there is no other legal ground for processing;
- You have validly exercised your right of opposition;
- Your data has been illegally processed;
- Your data must be deleted to comply with a legal obligation.
9.5 Right to limitation of processing
In certain cases, you have the right to request the limitation of the processing of your personal data, especially in case of dispute as to the accuracy of the data, if the data are necessary in the context of legal proceedings or the time required to ELIUM to verify that you can validly exercise your right to erasure.
9.6 Right to object
You have the right to object at any time to the processing of your personal data for profiling and information purposes. ELIUM will stop processing your personal data unless it can demonstrate that there are compelling, legitimate reasons for the processing which prevail over your right to object. If you have validly exercised your right of opposition, you may ask ELIUM to delete your personal data.
9.7 Right to data portability
As End-User you have the right to obtain any personal data which you have provided us in a structured, commonly used and machine readable format. At your request, this data may be transferred to another provider unless it is technically impossible.
9.8 Right to withdraw your consent
You may withdraw your consent to the processing of your personal data at any time, for example for direct marketing purposes.
10. How to exercise my rights?
On the Platform, End-Users can directly access their personal data or edit their personal data via their profile page. They are also able to limit the processing of their personal data by setting their preferences. For all other privacy related questions or requests, End-Users must send a written request and proof of identity to the Licensee by registered mail or by email by using the contact information available on the “About” page of the Platform.
Other Data Subjects must send a written request and proof of identity by registered mail to Whatever SA, Rue Emile Francqui 1, 1435 Mont-Saint-Guibert (Belgium) or by email to email@example.com . We will respond as soon as possible, and no later than one (1) month after receipt of the request.
11. Possibility to lodge a complaint
If you are not satisfied with the processing of your personal data by ELIUM, you have the right to lodge a complaint with the competent Data Protection Authority (for Belgium: https://www.privacycommission.be/)) .