1. GENERAL WARNING
1.1 The European network on cultural management and policy (hereinafter "ENCATC") respects the privacy of its users (hereinafter "Users").
1.2 ENCATC
deals with the personal data transmitted to it in accordance with the
legislation in force, and in particular the law of 8 December 1992 on the
protection of privacy and its executive decrees.
1.3 Access
to the www.encatc.org (hereinafter
"the Website") implies full and unconditional acceptance by the user
of this Privacy Policy (hereinafter "the Charter"), as well as its
Terms of Use (hereinafter the "ToU").
1.4 The
User acknowledges having read the information below and authorizes ENCATC to
deal, in accordance with what is specified below, with the personal data he/she
communicates on/to the Website within the framework of the service proposed by ENCATC
(hereinafter the "Service").
1.5 By
providing information to Users, ENCATC may be required to amend and adapt the
Charter, in order to comply with any new applicable legislation and / or
regulations (such as the adoption of the new European regulation in dealing
with the personal data - Regulation 2016/679 of the European Parliament and of
the Council of 27 April 2016 on the protection of individuals with regard to
the processing of personal data and on the free movement of such data - of 14
April 2016, and applicable as from 25 May 2018), the guidelines,
recommendations and good practice of the European Data Protection Committee and
the decisions of courts and tribunals in this field.
1.6 The
Charter is valid for all the hosted pages on the Website and for the savings of
this Website. It is not valid for the hosted pages by third parties that ENCATC
may redirect to and where their privacy policies may differ. ENCATC cannot be
held responsible for any data processed on these Websites or by them.
2. RESPONSIBLE FOR PROCESSING
2.1 Access to the Website shall in principle be possible without having to provide personal data, such as, for example, surname, first name, postal address, e-mail address, etc.
2.2 However, as part of the Service, the User may be required to
transmit certain personal data. In such case, the person in charge of
processing these data is:
ENCATC
Avenue Maurice 1
1050 Brussels
Belgium
2.3 Any
question or request concerning the processing of these data may be addressed to
the following address: info@encatc.org
3. COLLECTED INFORMATION
3.1. DATA TRANSMITTED TO ENCATC BY ACTIVE INTERVENTION OF USERS
By browsing
the Website, filling out forms or newsletters on the Website or through social
networks linked to ENCATC, the User allows ENCATC to register and maintain, for
the purposes mentioned in point 4, the following information:
- identification data, such as surname and first name, e-mail address and contact information;
- communications between Users and ENCATC;
- the additional information requested by ENCATC from the User in order to identify or prevent him/her from breaching any of the provisions of the Charter; and
- any other information voluntarily transmitted to ENCATC by the User for a determined purpose in the Charter, in the ToU, on/to the Website or on any other communication tool used by ENCATC.
3.2. DATA
AUTOMATICALLY TRANSMITTED TO ENCATC WHEN CONSULTING THE WEBSITE
3.2.1. "COOKIES"
In order to facilitate browsing the Website and optimize technical
management, the Website may use "cookies".
A "cookie" is a small file containing information saved by a
website on the computer or an application on the user's smartphone. This
"cookie" can be retrieved during a subsequent visit to the same
application or website. The "cookie" cannot be read by another
website than the one that created it. The Website uses "cookies" for
the purposes of good administration of the Website, in particular to save the
User's browsing preferences, or to obtain information on the visited pages and
the dates and times of visit.
Most "cookies" only work for a session or a single visit. It
is also possible for the User to set up his browser to be informed during each
creation of "cookie" or to prevent their saving, individually or not.
However, disabling cookies may prevent access to certain parts of the Website
or making access more difficult.
Subject to the prior consent of the User, the Website may also allow the use of third-party cookies, including the following:
- Facebook,
Twitter, Google +, Instagram and LinkedIn
ENCATC uses
on its Website the social modules of social network providers Facebook, Twitter,
Google +, Instagram and LinkedIn. These social modules establish a direct
connection to the server of the social network via the User’s browser. The
social network provider on which the User has clicked receives information that
the User has visited the Website. If the User is registered and identified on
the relevant social network, the provider can correlate the profile of the User
with the visited Website. The network provider can then establish future
interactions. If the User is not registered with the social network, the
provider can save the IP address of the User. In order to avoid transferring
these data to the social network provider, the User must not click on the
button corresponding to the social network.
- Google
analytics
The Website
also uses Google analytics. This service, offered by Google, analyzes the
activity of the Website. For these purposes, Google collects information
related to web traffic and the number of visitors. This tool allows ENCATC to
measure the performance of the Website in terms of browsing and to consolidate
activity reports and other services.
3.2.2.
REGISTERED INFORMATION ON VISITED SERVERS
When the
User accesses the Website, the visited servers automatically save certain data,
such as the type of domain with which the User connects to the Internet, the IP
address assigned to the User (when logged in), the date and time of access to
the Website and other traffic data, location data or other communication data,
viewed pages, type of browser used, platform and / or system, the search engine
as well as the keywords used to retrieve the Website, etc.
However, no
personal data identifying the User is collected through these savings. This
information is kept for statistical and improvement purposes only.
4. PURPOSES OF PROCESSING
4.1. GENERAL PURPOSES
Without
prejudice to what has been specified under point 3.2. concerning the
automatically transmitted data, the Website collects, saves and processes the
personal data of its Users in particular for the following purposes:
- to analyze, adapt and improve the content of the Website;
- to carry out internal statistical surveys and to deploy various statistical systems and studies;
- to allow the User to receive messages and manage his/her account from different devices (computer, tablet, smartphone, etc.);
- to detect and / or prevent fraud or similar activities of an illegal nature;
- to facilitate the provision and use of the Website and improve the Services offered by ENCATC as well as the experience of the Users;
- to respond to requests for information;
- for any marketing and promotions actions offered by ENCATC to Subscribers to the Mailing List;
- to inform them about the evolutions of the Website and its functionalities; and
- for any other purpose for which the User has expressly consented.
4.2.
COMMUNICATION TO THIRD PARTIES
ENCATC considers
personal data as confidential information. It shall not communicate them to
third parties under conditions other than those specified in the Charter or
under the conditions in which it is required by law, including the competent
authorities who request it.
ENCATC may
transmit to third parties the personal information of its Users insofar as this
information is necessary for the execution of a contract with its Users. In
such a case, such third parties shall not communicate this information to other
third parties, except in one of the following two situations:
(i)
disclosure by these third parties of such information to their suppliers or
subcontractors to the extent necessary for the performance of the contract, and
(ii) where
such third parties are obliged by the regulations in force to disclose certain
information or documents to the competent authorities regarding the anti-money-laundering,
as well as to any competent public authority in general.
The
disclosure of such information to the aforementioned persons shall in all
circumstances be limited to what is strictly necessary or required by the
applicable regulations.
In order to discover new products to its users that maybe of interest to them, ENCATC may also disclose the personal information of its Users to third parties, insofar as the Users have explicitly consented to it.
4.3.
TRANSFER TO A COUNTRY NOT A MEMBER OF THE EUROPEAN ECONOMIC AREA
ENCATC does not transfer data to a country which is not a member of the European Economic Area unless it provides an adequate level of protection within the meaning of the law of 8 December 1992 on the protection of privacy, or within the limits permitted by the same law, for example by ensuring the protection of data by 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
explicitly consented thereto by ticking the boxes provided for this purpose
("opt-in").
When the
User has given his/her consent for the use of these information for direct
marketing purposes, the User retains the right to oppose such use at any time,
upon request and free of charge. To do so, the User must unsubscribe with the
corresponding link by ticking the box of the Website. The User shall in all
cases be responsible for the veracity of the data provided and shall inform ENCATC
of any amendments to the data.
5. SECURITY
5.1 ENCATC has taken the adequate measures to ensure that the servers hosting the processed personal data prevent, to the extent possible:
- the
processing, access or unauthorized modification of these data;
- the
inadequate use or disclosure of such data; and
- the
unlawful destruction or accidental loss of such data.
5.2 The Users
undertake not to commit any acts which may be contrary to the present Charter, the
ToU or, generally, the law. Offenses against the confidentiality, integrity and
availability of computer systems and saved data, processed or transmitted by
such systems, or the attempt to commit any of these offenses, are punishable by
three months to five years’ imprisonment and by a fine of twenty-six euros to two
hundred thousand euros or by one of these penalties only.
6. CONSERVATION PERIOD
ENCATC will normally keep the personal data of its Users for the necessary duration for the accomplishment of the pursued purposes (see point 4). ENCATC may also continue to maintain personal data concerning the unsubscribed User, including any correspondence or request for assistance addressed to ENCATC, in order to be able to answer any questions or complaints that may be addressed to it.
7. RIGHTS OF THE CONCERNED PERSON
7.1 The User may at any time request access, rectification or, if necessary, deletion to/ from his/her personal data, with the exception of those which ENCATC would have a legal obligation to keep, by sending a written request accompanied by a copy of his identity card or passport to the data controller:
- at the following postal address: ENCATC, Avenue Maurice 1, 1050 Brussels, Belgium
- to the following email address: info@encatc.org
7.2 ENCATC will
then take the necessary measures 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 permitted to communicate their personal data to ENCATC.
9. APPLICABLE LAW AND COMPETENT JURISDICTION
9.1 The Charter shall be governed by the Belgian to the fullest extent permitted by the applicable rules of private international law.
9.2 In the event of a dispute concerning the validity, application,
interpretation or enforcement of the Charter, the courts of the judicial district
of Brussels shall have exclusive jurisdiction, to the fullest extent permitted
by the rules of private international law.
9.3 Before undertaking any legal dispute resolution, the User undertakes
to resolve the dispute by amicable means by contacting ENCATC directly, if
necessary by mediation, before resorting to arbitration, litigation, or any
other means of dispute resolution.