Although you are not always aware of it, you, as User, always disclose some “personal data” by using our application. Personal data is everything that allow us to identify you as a natural person, regardless of whether or not we actually do so. This will be the case as soon as a direct or indirect link can be established between one or several data and you, the natural person in question.
The legislator subjects gathering and processing personal data to strict conditions, such as those laid down in legislation, mainly the law of 8 December 1992 on the Protection of Privacy (Privacy law). We have drawn up this Privacy Statement in view of the fact that we, too, find protecting your privacy extremely important and that we wish to be very clear on this.
By using the Application and its services, we presume that every User has taken due note of this Privacy Statement and, consequently, accepts that his or her personal data are gathered and processed in the way that has been outlined here.
1 Who is the person responsible for the processing?
The Privacy law distinguishes between the person responsible for the processing and the parties contracted to do the actual processing. This distinction is extremely important to avoid any lack of clarity regarding responsibilities.
1.1 Person responsible for the processing?
The person responsible for the processing, also referred to as the data controller, is any natural or legal person who, either alone or jointly, determines the purpose and the legal and technical resources for the processing of personal data. The following person was designated as the person responsible for processing:
SOCIAL SEEDER NV (hereafter referred to as “Social Seeder” and “We”)
Company registration number (VAT-BE): 0524.991.813.
1.2 Actual processor?
The actual processor is the natural or legal person who or which processes personal data as instructed by the person responsible for processing personal data. The actual processor is responsible for the adequate technical functioning of the Application (data transmission). This does not include the persons who are authorized to process the data under the direct supervision of the person responsible for the processing.
The person responsible for the processing will, of course, use all due discretion in selecting the actual processor. For example, the actual processor must provide sufficient guarantees regarding the technical and organizational security measures relating to the processing and fulfillment of the obligations of Article 16, §1 of the Privacy law.
The person responsible for the processing does not bear or assume any liability whatsoever if data is lost or corrupted, identity is stolen, data are stolen, or if there are viruses or Trojans, SQL injections or other attacks on the information systems or online cloud portals. The actual processor autonomously decides on the most technically suitable application to process data and does so on the grounds of his, her or its professional expertise. The person responsible for the processing cannot be expected to have the same expertise and specialty.
2 For what purposes are my personal data used?
Social Seeder is an Application that catalyses advertising by word of mouth. Companies can use Social Seeder to provide their ambassadors with ready-made and interesting content which they, in turn, can simply distribute by way of their social media channels. In this way, the Application ensures that there is a significant increase in the online and viral presence of brands using the Application.
Personal data are therefore only processed to the extent that there is the permission or any legal ground such as those referred to in the Privacy law. The information obtained is then made visible to other Users of our Application. The degree of accessibility may differ according to the nature of the information. We would like to refer the Person Involved to “Article 4: What rights do I have?” if he or she does not agree with this form of data processing.
In addition, Social Seeder gathers Users’ personal data to provide them with a secure, optimal and personal User experience. More extensive personal data are gathered as the User makes more intensive use of the Application. This form of data processing is, therefore, essential to the functioning of the Application and the accompanying services. Processing is done solely for the following (internal) purposes:
- To provide the User access to his or her user profile and the accompanying functionalities;
- To offer and improve our personalized and general service provision; including offering any information, newsletters and offers which may be of use and/or are essential to the User, to obtain and process User Evaluations and to provide assistance;
- To detect and provide protection against fraud, errors and/or criminal behavior.
We never pass personal data on to be analyzed externally without first having made such data anonymous.
By using the Application, the User gives his or her express permission to have Social Seeder process his or her personal data. With regard to processing third persons’ personal data, Social Seeder expressly invokes the fact that such processing is necessary to execute a contract to which the person involved is a party or to execute measures which preceded the conclusion of the contract and which were taken at the request of the person involved.
In view of the fact that technology and innovation know no limits, it is impossible to anticipate the Applications or services that we will provide in future. It is therefore important that this permission also relates to the use of personal data within the scope of developing new services and functionalities to the extent that this falls within the original purpose of our Application.
2.1 Account registration
In order to use the Application, it is necessary to create an individual User Profile and to register as User. This means that we can gather all data necessary to provide personalized services, such as sex, age, demographic data and a few essential contact details such as address, e-mail address and telephone number. The person involved personally decides on the extent of information which he or she discloses through the Application.
In no case whatsoever do we gather any of the User’s sensitive personal data such as data regarding (your) race, political opinions, health, religious and other beliefs, sexual orientation and the like.
This data processing is essential to the proper functioning of the Application. These data can be made visible to other Users. The degree of visibility can be made to depend on the User’s capacity.
We can also use these personal data to distribute commercial messages relating to our own services or as instructed by third parties. Within this context, such third parties never gain access to your personal data.
2.2 Proper technical functioning
In addition, we gather and process personal data to guarantee the User that the Application is in proper technical working condition. The Application uses various resources to optimize User experience and to detect any (technical) errors in the Application:
- Log information: this relates to information such as the IP address and various telecommunication data;
- information regarding the device used such as hardware and software information and network information;
- Local storage information.
The Application also gathers anonymous data, i.e. technical data that are used exclusively for internal purposes to gain an idea of User Navigation on the Application.
2.3 Are my data transferred to third parties?
Personal data are processed primarily for internal use by Social Seeder only. We can therefore also assure you that personal data are not sold, transferred or disclosed to third parties. However, in exceptional cases, data may be disclosed to third parties if:
the person involved has given his or her express permission;
transferring the data is essential towards executing the agreement. This will be the case for employees, staff members, agents, subcontractors, suppliers, commercial partners, marketing services, etc.
- Passing on data is essential for concluding or executing an agreement which, in the interests of the User, is concluded or is to be concluded between the person responsible for the processing and a third party, for example in case of fraud;
- Passing on the data is necessary or required by law (substantial public interest or law).
- The person involved may rest assured that his or her personal data are processed confidentially if Social Seeder is acquired or sold. In this case Social Seeder shall provide the necessary information to the person involved.
Social Seeder is a Belgian company. Nevertheless, data can be processed and/or transferred to countries outside the European Union. In accordance with Article 21 of the Privacy law personal data may only be transferred to countries guaranteeing the same adequate level of protection and where the same or similar provisions of the Privacy law are observed. The country, duration of the transfer and storage, nature of the data and precise purposes are criteria that must be examined individually.
Social Seeder guarantees that data processing or storage is not transferred to third countries unless the necessary measures are taken to be compliant with the protection requirements laid down in the Belgian Privacy law. Such transfer will only be made on the basis of one of the grounds referred to in Article 2.
3 Are location data stored?
The analytical data of Social Seeder can display location data. These data can be used to establish and indicate your (presumed) location on a map (“Map”). However, these indications (based on an IP address) are everything but accurate and therefore far too inadequate to trace your exact location.
These location data are therefore not used to identify someone but only to guarantee that proper technical functioning of our Application.
4 What rights do I have?
4.1 Guarantee that personal data are processed lawfully and securely
Every User can assume that Social Seeder always processes your personal data “fairly and lawfully”. This means that the data are processed solely for the expressly outlined and warranted purposes mentioned above. Social Seeder therefore also guarantees that its data processing is always adequate, relevant and not excessive.
We never store your personal data longer than is strictly necessary. However, we do archive your data as long as your account is active or if your personal data are necessary to be able to provide you with a particular service.
Social Seeder has taken adequate technical and organizational security measures to guarantee secure processing of your personal data. These security measures are proportionate to the nature of the personal data and the potential risks.
The risks of coincidental or unlawful destruction, coincidental loss, the change of or access to and any other unauthorized processing are therefore also reduced to a minimum. Unfortunately this does not mean a complete elimination of risk. If there is an attempt to hack into its computer system, Social Seeder will immediately take all possible measures to restrict damage and/or theft to a minimum.
4.2 Right to object
Any User can always object to having his or her personal data processed. This right to object exists only if compelling and legitimate grounds relating to his or her particular situation are concerned. The exceptions of Article 5, (b) and (c) of the Privacy law also apply to this right to object.
The User can, at all times, free of charge and without justification, object to the proposed processing of his or her personal data if these personal data are obtained for purposes of direct marketing.
The User is also entitled, at all times, free of charge and without justification, to obtain the deletion of or to prohibit the use of all personal data related to him or her which, in view of the purpose for which they are processed, are incomplete, or which do not serve the stated purpose, or of which the registration, communication, and storage are unlawful, or which are being stored beyond the period permitted.
The User exercises his or her right by way of a dated written request addressed to Social Seeder, sent by ordinary post or by e-mail to email@example.com. Social Seeder undertakes to comply with your request within fifteen (15) working days.
4.3 Right to access
Any User presenting proof of his or her identity has the right to access the information relating to whether or not there is any processing of his or her personal data, relating to the purposes of such processing, to the categories of data related to such processing and to the categories of recipients to whom the data are provided.
The User exercises his or her right by way of a dated written request addressed to Social Seeder, sent by ordinary post or by e-mail to firstname.lastname@example.org. Social Seeder will comply with your request within fifteen (15) working days.
4.4 Right to correction
Social Seeder gathers data as accurately as possible. Therefore, inaccurate or incomplete personal data can always be corrected or even deleted.
In view of the fact that it is impossible to be continuously aware of any change or mistake in the personal data, it is up to you, as User, to report inaccuracies and incomplete details and, in the first place, to personally make the necessary adjustments in the User’s registration.
However, if it appears that this is not sufficient, you can always send a dated, written request addressed to Social Seeder, by ordinary post or by e-mail to email@example.com. Social Seeder will comply with your request within fifteen (15) working days by supplementing all or part of the personal data, correcting or even deleting them. The deletion relates mainly to visibility, so it is therefore a possibility that the personal data that have been deleted may still be saved temporarily.