Legal notice
Legal Notice
PRIVACY POLICY
1. GENERAL WARNING
1.1 The private foundation Thalie Art Foundation (hereinafter, "Thalie Foundation") respects the privacy of its users (hereinafter, the "Users").
1.2 Thalie Foundation processes personal data transmitted to it in accordance with current legislation, and in particular with the law of December 8, 1992 relating to the protection of privacy and its implementing decrees.
1.3 Access to the website www.fondationthalie.org (hereinafter, the "Site") implies full and unreserved acceptance by the user of this Privacy Policy (hereinafter, the "Policy"), as well as its General Terms of Use (hereinafter, the "GTU").
1.4 The User acknowledges having read the information below and authorizes Thalie Foundation to process, in accordance with what is specified below, the personal data that they communicate on the Site within the framework of the service offered by Thalie Foundation (hereinafter, the "Service").
1.5 Subject to informing Users, Thalie Foundation may modify and adapt the Policy, particularly to comply with any new applicable legislation and/or regulations (such as the adoption of the new European regulation on the processing of personal data - Regulation 2016/679 of the European Parliament and of the Council 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 - of 14 April 2016, and applicable from 25 May 2018), the recommendations of the Privacy Commission in Belgium, the guidelines, recommendations and best practices of the European Data Protection Board and court decisions in this matter.
1.6 The Policy is valid for all pages hosted on the Site and for the recordings of this Site. It is not valid for pages hosted by third parties to which Thalie Foundation may refer and whose privacy policies may differ. Thalie Foundation cannot therefore be held responsible for any data processed on or by these sites.
1.7 The communication of personal data is sometimes necessary to access certain parts of the Site (for example, for booking events offered by Thalie Foundation or making a purchase in the shop or participating in a call for projects). Without communication by the User to Thalie Foundation of this data, access may be refused.
2. DATA CONTROLLER
2.1 Access to the Site is in principle possible without having to provide personal data, such as name, postal address, email address, etc.
2.2 However, as part of the Service, the User may be required to transmit certain personal data. In this case, the controller of this data is:
Thalie Art Foundation 15 rue Buchholtz, 1050 Brussels BCE No.: 0505.642.588
2.3 Any questions or requests regarding the processing of this data can be sent to the following address: dataprivacy@fondationthalie.org
3. COLLECTED INFORMATION
3.1. DATA TRANSMITTED TO THALIE FOUNDATION THROUGH ACTIVE USER INTERVENTION
By browsing the Site, filling out forms or newsletters on the Site, through the mobile application or social networks linked to Thalie Foundation, the User allows Thalie Foundation to record and store, for the purposes mentioned in point 4, the following information:
- identification data, such as name and surname, gender, email address, date of birth and physical contact information;
- billing information;
- communications between Users and Thalie Foundation;
- additional information requested by Thalie Foundation from the User to identify them or prevent them from violating any of the provisions of the Policy;
- any other information voluntarily transmitted to Thalie Foundation by the User for a purpose determined in the Policy, in the GTU, on the Site or on any other communication medium used by Thalie Foundation.
It should be noted that although being a payment platform, the Site and Thalie Foundation do not store any of the banking data provided by the User. The Mollie payment system used by the Thalie Foundation Site is located in the Netherlands and complies in all respects with European Union rules; Mollie's privacy policy can be consulted at the following address: https://www.mollie.com/en/consumers
3.2. DATA AUTOMATICALLY TRANSMITTED TO THALIE FOUNDATION WHEN VISITING THE SITE
4. PURPOSES OF PROCESSING
4.1. GENERAL PURPOSES
Without prejudice to what has been specified in point 3.2. regarding automatically transmitted data, the Site collects, stores and processes the personal data of its Users for the following purposes:
- to establish, carry out and conduct the contractual relationship with the User;
- to enable the User to participate in calls for projects, make purchases and, in general, to provide the Service;
- to incorporate Users' personal data into one or more automated files;
- to analyze, adapt and improve the content of the Site;
- to conduct internal statistical surveys and market studies and deploy various statistical systems and studies;
- to allow the User to receive messages and manage their account from different devices (computer, tablet, smartphone, etc.);
- to detect and/or prevent fraud or similar illegal activities;
- to facilitate the provision and use of the Site and improve the Services offered by Thalie Foundation as well as the User experience;
- to respond to information requests;
- for any marketing actions and promotions proposed by Thalie Foundation to Users who have subscribed to the Newsletter;
- to inform them about Site developments and features; and
- for any other purposes for which the User has given explicit consent.
4.2. COMMUNICATION TO THIRD PARTIES
Thalie Foundation considers personal data as confidential information. It will not communicate them to third parties under conditions other than those specified in the Policy or under conditions where the law requires it to do so, particularly to competent authorities who request it.
The following are considered as partners of Thalie Foundation: all administrations and regional bodies in the exercise of their missions, any actor in the tourism and cultural sector (hereinafter, the "Partners"). In this context, Thalie Foundation may communicate to its Partners the personal information of its Users, for the purposes of accomplishing the purposes developed in paragraph 4.1.
The communication of this information to the aforementioned persons must, in all circumstances, be limited to what is strictly necessary or required by applicable regulations.
4.3. TRANSFER TO A NON-EUROPEAN ECONOMIC AREA MEMBER COUNTRY
Thalie Foundation only transfers data to a country not member of the European Economic Area when this country ensures an adequate level of protection within the meaning of the law of December 8, 1992 on the protection of privacy, or within the limits permitted by this same law, for example by ensuring data protection through appropriate contractual provisions.
4.4. DIRECT MARKETING
Personal data will not be used for direct marketing purposes for products or services other than those to which the User has already subscribed, unless the User has previously given explicit consent by checking the boxes provided for this purpose ("opt-in").
When the User has given consent for the use of this information for direct marketing purposes, they retain the right to object at any time, upon request and free of charge, to such use. The User simply needs to unsubscribe using the corresponding link in each newsletter, by checking the box provided for this purpose on each User account, or by communicating their unambiguous request to the following address: dataprivacy@fondationthalie.org
The User will, in all cases, be responsible for the truthfulness of the data provided and undertakes to inform Thalie Foundation of any modification to this data.
5. SECURITY
5.1 Thalie Foundation has taken appropriate measures to ensure that servers hosting processed personal data prevent, to the extent possible:
- unauthorized processing, access to, or modification of this data;
- inadequate use or disclosure of this data; and
- illegal destruction or accidental loss of this data.
5.2 In this regard, Thalie Foundation employees who have access to this data are subject to a strict confidentiality obligation. However, Thalie Foundation cannot be held responsible for the misappropriation of this data by a third party despite the security measures adopted.
5.3 Users undertake not to commit acts that could be contrary to this Policy, the GTU or, in general, the law. Violations against the confidentiality, integrity and availability of computer systems and data that are stored, processed or transmitted by these systems, or the attempt to commit one of these violations, are punishable by imprisonment of three months to five years and a fine of twenty-six euros to two hundred thousand euros or one of these penalties only.
6. RETENTION PERIOD
Thalie Foundation will normally retain Users' personal data for the duration necessary to achieve the purposes pursued (cf. point 4). Thalie Foundation may also continue to hold personal data concerning the unsubscribed User, including any correspondence or assistance requests addressed to Thalie Foundation, in order to be able to respond to any questions or complaints that may be addressed to it, and to comply with all applicable laws (including tax matters), particularly the retention of information relating to payments made.
7. RIGHTS OF THE DATA SUBJECT
7.1 The User may at any time request access to, rectification or, if applicable, deletion of their personal data, except for that which Thalie Foundation would have a legal obligation to retain, by sending a written request, accompanied by a copy of their identity card or passport:
- to the following postal address: Thalie Art Foundation, 15 rue Buchholtz 1050 Brussels; or
- to the following email address: dataprivacy@fondationthalie.org
7.2 Thalie Foundation will then take the necessary steps to satisfy this request as soon as possible.
8. NOTE CONCERNING MINORS
Persons under the age of 18 and persons who do not have full legal capacity are not authorized to communicate their personal data to Thalie Foundation.
9. APPLICABLE LAW AND COMPETENT JURISDICTION
9.1 The Policy is subject to Belgian law, to the extent permitted by applicable private international law rules.
9.2 In the event of a dispute relating to the validity, application, interpretation or execution of the Policy, the courts of the judicial district of Brussels (Belgium) have exclusive jurisdiction, to the extent permitted by applicable private international law rules.
9.3 Before undertaking any steps aimed at the judicial resolution of a dispute, the Client undertakes to attempt to resolve it amicably by directly contacting Thalie Foundation, if necessary through mediation, before resorting to arbitration, litigation, or any other mode of dispute resolution.