Privacy Policy

Last update: November 1st, 2021

 

1. Parties and Purpose

  • Zen-Sailing (hereinafter “Zen-Sailing” or the “Controller“)
  • Eikenbosstraat 54, BE-1640 Rhodes-Saint-Genèse
  • VAT : BE0757.570.988
  • Mail: contact@zen-sailing.com
  • Phone: +32499534863

 

Zen-Sailing establishes this Privacy Policy. The purpose of this policy is to inform Users, in all transparency, about how the website hosted at the following address: https://www.zen-sailing.com (hereinafter the “Site“), collect and process personal data by Zen-Sailing.

 

The term “User” refers to any user, either a natural or legal person, who visits or interacts in any way with the Site.

 

Zen-Sailing determines all technical, legal and organizational means and purposes of processing Users’ personal data. To this end, Zen-Sailing undertakes to take all necessary measures to ensure that the processing of personal data complies with the Law of July 30, 2018, on the protection of individuals with regard to the processing of personal data (hereinafter the “Law“) and the European Regulation of April 26, 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (hereinafter the “Regulation“).

 

Zen-Sailing is free to choose any natural or legal person who processes users’ personal data at its request and on its behalf (hereinafter the “Subcontractor”). If necessary, Zen-Sailing undertakes to select a Subcontractor offering sufficient guarantees regarding the technical and organizational security measures for the processing of personal data, in accordance with the Law and the Regulations.

 

2. Processing of personal data

The use of the Site by Users may involve the communication of personal data. The processing of such data by Zen-Sailing in its capacity as Data Controller, or by service providers acting in the name and on behalf of Zen-Sailing will be in accordance with the Law and Regulations.

 

Personal data will be processed by Zen-Sailing in accordance with the purposes mentioned below:

  • We monitor your web activity for marketing purposes
  • We collect personal information for marketing and communication purposes.
  • We process personal information by sending it to integrated email and customer relationship management (CRM) systems for marketing and customer relations purposes.
  • We store personal information in our databases for analysis purposes.
  • Your behavior and activity on the Web may be used for marketing purposes such as targeting and marketing analysis.

 

3. Purpose of the processing of personal data

In accordance with Article 13 of the Regulations, the purposes of the processing of personal data are communicated to the User and are as follows:

  • Execute the functionalities through one of the platforms offered by Zen-Sailing
  • Enable good customer service, such as handling your requests, correcting incorrect information or sending you information you have requested, for example the newsletter
  • To manage customer profiles, carry out analyses and market studies ;
  • To administer the system and to obtain statistical data on the behavior and uses of our users;
  • To develop, deliver and improve our products and services by analyzing your behavior on our websites and applications;
  • Personal data is also used for analytical purposes to perform segmentation and targeting, in order to develop personalized offers and services;
  • To send you information and promotions by email, app, push or other digital contact channels such as social media since you have an active customer relationship with us;
  • To contact you via the application, SMS, email or post about other offers, promotions or services that we think may be of interest to you, please note that you may opt out of this promotion at any time;
  • To provide you with relevant recommendations, offers and personalized services based on the needs of other people who behave similarly to you;
  • To help us develop our site and application to be more useful and improve your user experience of the services offered by the Company by customizing the display of the services to your profile;
  • To send important messages as a communication about changes to our Legal Notice.

 

4. Personal data that may be processed

The User consents, when visiting and using the Site, that Zen-Sailing collects and processes, according to the terms and principles described in this Privacy Policy, the following personal data:

a) Notification of a service offered through the various platforms offered by the Company.

b) When you enter your e-mail address or cell phone number on the site.

c) If you contact us by e-mail, telephone, through our websites and social media.

d) If you sign up for a subscription by email.

e) Your visit to our websites and when accessing our application, including, but not limited to, traffic data, location data, blogs and other communication data, such as IP address, type of device, operating system and type of browser used for the visit.

 

5. Consent

By accessing and using the Site, the User declares that he or she is aware of and agrees freely, specifically, knowingly and unequivocally to the processing of personal data concerning him or her. This agreement relates to the content of this Privacy Policy.

Consent is given by the positive act by which the User has ticked the box proposing the Privacy Policy in the hyperlink. This consent is an indispensable condition for carrying out certain operations on the Site or for enabling the User to enter into a contractual relationship with Zen-Sailing. Any contract between Zen-Sailing and a User relating to the services and goods offered on the Site is subject to the User’s acceptance of the Privacy Policy.

The User consents to the Processing Manager processing and collecting, in accordance with the terms and principles set forth in this Privacy Policy, the personal data he or she communicates on the Site or in connection with the services offered by Zen-Sailing, for the purposes indicated above.

The User has the right to withdraw consent at any time. Withdrawal of consent does not compromise the lawfulness of the processing based on the previously given consent.

 

6. How long will the personal data of Users be kept?

In accordance with Article 13 §2 of the Regulation and the Law, the Data Controller shall only keep personal data for the time reasonably necessary to allow the fulfilment of the purposes for which they are processed.

This period is, in any case, less than: 4 years.

 

7. Data Recipients and Disclosure to Third Parties

Personal data may be transmitted to employees, collaborators, subcontractors or suppliers of Zen-Sailing who offer adequate data security guarantees and who collaborate with Zen-Sailing in the marketing of products or the provision of services. They act under the direct authority of Zen-Sailing and are in particular responsible for collecting, processing or subcontracting this data.

In all cases, the recipients of the data and those to whom the data has been disclosed will respect the contents of this Privacy Policy. Zen-Sailing assures that they will process this data only for the purposes intended, in a discreet and secure manner.

Should the data be disclosed to third parties for direct marketing or prospecting purposes, the User will be informed in advance so that he may express his consent to the use of such personal data.

 

8. Data Protection Officer (DPO)

The following person is appointed Data Protection Officer (hereinafter “DPO”): Norbert DONABERGER.

The role of the DPO is to ensure the proper implementation of national and supranational provisions regarding the collection and processing of personal data.

The DPO can be contacted as follows: by email at: norbertdonaberger@yahoo.fr

 

9. Rights of Users

At any time, the User may exercise his rights by sending an e-mail message to the following address: contact@zen-sailing.com or a letter by post addressed, enclosing a copy of his identity card to the following address: Eikenbosstraat 54, BE-1640 Rhodes-Saint-Genèse

 

a. Right of access

In accordance with article 15 of the Regulation, Zen-Sailing guarantees the User’s right of access to his personal data. The User has the right to obtain access to said personal data as well as the following information:

  • The purposes of the processing
  • The categories of personal data concerned;
  • The recipients or categories of recipients to whom the personal data has been or will be communicated, in particular recipients who are established in third countries or international organizations;
  • Where possible, the envisaged period of retention of the personal data or, where that is not possible, the criteria used to determine that period ;
  • The existence of automated decision making, including profiling, as referred to in Article 22(1) and (4) of the Regulation, and, at least in such cases, relevant information concerning the underlying logic, as well as the importance and intended consequences of such processing for the data subject.

The Data Controller may charge a reasonable fee based on administrative costs for any additional copies requested by the User.

Where the User submits such a request electronically (e.g. via e-mail address), the information is provided in a commonly used electronic form unless the User requests otherwise.

A copy of the User’s data will be provided to the User no later than one month after receipt of the request.

 

b. Right of rectification

Zen-Sailing guarantees the user’s right to correct and delete personal data.

In accordance with Article 16 of the Regulation, incorrect, inaccurate or irrelevant data may be corrected or deleted at any time. The User first makes the necessary changes himself/herself from his/her user/other account, unless they cannot be made autonomously, in which case the request can be made to Zen-Sailing.

In accordance with Article 19 of the Regulation, the Controller shall notify each recipient to whom the personal data have been communicated of any rectification of the personal data, unless such communication proves impossible or requires disproportionate efforts. The Controller shall provide the data subject with information about such recipients if the latter so requests.

 

c. Right to erasure

The User has the right to obtain the deletion of his/her personal data as soon as possible in the cases listed in article 17 of the Regulations.

Where the Controller has made the personal data public and is required to erase them pursuant to the previous paragraph, the Controller, taking into account the available technologies and the costs of implementation, shall take reasonable measures, including technical measures, to inform the other controllers who process such personal data that the data subject has requested the erasure by such controllers of any link to such personal data, or any copy or reproduction thereof.

 

The two preceding paragraphs do not apply to the extent that such treatment is necessary:

  • To the exercise of the right to freedom of expression and information ;
    to comply with a legal obligation which requires processing in accordance with Union law or the law of the
  • Member State to which the controller is subject, or to perform a task carried out in the public interest or in the exercise of official authority vested in the controller ;
  • for the establishment, exercise or defence of legal claims.

In accordance with Article 19 of the Regulation, the Controller shall notify each recipient to whom the personal data have been communicated of any deletion of personal Data or any limitation of the processing carried out, unless such communication proves impossible or requires a disproportionate effort. The data controller shall provide the data subject with information about such recipients if the latter so requests.

 

d. Right of limitation of treatment

The User has the right to obtain the limitation of the processing of his/her personal data in the hypotheses listed in article 19 of the Regulations.

In accordance with Article 19 of the Regulation, the Data Controller shall notify each recipient to whom the personal data have been communicated of any limitation of the processing carried out, unless such communication proves impossible or requires disproportionate effort. The data controller shall provide the data subject with information about such recipients if the latter so requests.

 

e. Right of data portability

In accordance with Article 20 of the Regulations, Users have the right to receive from Zen-Sailing personal data concerning them in a structured, commonly used and machine-readable format. Users have the right to transmit such data to another data controller without Zen-Sailing obstructing it in the cases provided for in the Regulations.

When Users exercise their right to data portability pursuant to the preceding paragraph, they have the right to have their personal data transmitted directly from one data controller to another, when technically possible.

The exercise of the right of data portability shall be without prejudice to the right of erasure. This right does not apply to processing necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

The right of data portability does not affect the rights and freedoms of third parties.

 

f. Right of opposition and automated individual decision making

The User has the right at any time to object to the processing of his/her personal data due to his/her particular situation, including the automation of data by Zen-Sailing. In accordance with Article 21 of the Regulations, Zen-Sailing will no longer process personal data, unless there are legitimate and compelling reasons for the processing that prevail over the interests and rights and freedoms of the User, or for the ascertainment, exercise or defense of legal rights.

When personal data is processed for canvassing purposes, the User has the right to object at any time to the processing of personal data concerning him/her for such canvassing purposes, including profiling insofar as it is related to such canvassing.

When the data subject objects to the processing for canvassing purposes, the personal data is no longer processed for such purposes.

 

g. Right of Complaint

The User has the right to file a complaint regarding the processing of his personal data by Zen-Sailing with the Data Protection Authority, competent for the Belgian territory. Further information can be found on the website: https://www.autoriteprotectiondonnees.be.

 

You can lodge a complaint at the following addresses:

  • Data Protection Authority
  • Rue de la Presse 35, 1000 Brussels
  • Phone + 32 2 274 48 00
  • Fax + 32 2 274 48 35
  • E-mail: contact@apd-gba.be

The User may also file a complaint with the Court of First Instance of his domicile.

 

10. Cookies

The Site uses cookies to distinguish the Users of the Site. This helps to provide Users with a better browsing experience and an improvement of the Site and its content. The objectives and modalities of cookies are contained in this article.

 

a. General principles

A “Cookie” is a file that is temporarily or permanently deposited on the User’s hard disk when the User consults the Website, with a view to connecting to it at a later date. Thanks to cookies, the server recognizes the User’s computer.

Cookies may also be installed by third parties with whom Zen-Sailing collaborates.

Some of the cookies used by Zen-Sailing are necessary for the proper functioning of the Site, while others are used to improve the User’s experience.

By using the Web Site, the User expressly agrees to the management of cookies as described in this article.

 

b. Type of cookies and purposes

Different types of cookies are used by Zen-Sailing on the Site:

  • Technical cookies : they are necessary for the operation of the Website, allow the communication of the data entered and are intended to facilitate the User’s navigation;
  • Cookies for statistical and audience measurement: these cookies allow the User to be recognized and are used to count the number of Users of the Website over a certain period of time. Since they also indicate browsing behavior, they are an effective way to improve the User’s browsing by displaying proposals and offers that may be of interest to the User. They also allow Zen-Sailing to identify possible bugs on the Website and to correct them.
  • Functional cookies: These cookies facilitate the use of the Web Site by retaining certain choices entered (for example, user name or language);
  • Tracking cookies Zen-Sailing uses tracking cookies via Google Analytics to measure Users’ interaction with the Site’s content and to produce anonymous statistics. These statistics allow Zen-Sailing to improve the Website. Google supports the explanation of these cookies at the following address: http://www.google.nl/intl/en_uk/policies/privacy.

Cookies are kept for the time necessary to accomplish the purpose for which they were created. The cookies that may be stored on the User’s hard drive and their retention period are as follows:

  • m – 730 days

 

c. Cookie management

If the User does not want the Website to place cookies on his/her hard disk, it is easy for him/her to manage or delete them by modifying the parameters of his/her browser. Browser programming also allows the User to receive a notice or notification whenever a Website uses cookies and to decide whether to accept or reject them.

If the User disables certain cookies, the User accepts that the Website may not function optimally. Certain parts of the Website may not be usable, or may only be partially usable.

If the User does not want Google Analytics cookies to be used, he or she is invited to set his or her browser to this effect on the following website: http://tools.google.com/dlpage/gaoptout.

 

11. Limitation of liability of the Data Controller

The Website may contain links to other websites owned by third parties not related to Zen-Sailing. Zen-Sailing is not responsible for the content of these sites and their compliance with the Act and Regulations.

The holder of parental authority must give his or her express consent for a minor under the age of 16 to disclose personal information or data on the website. Zen-Sailing strongly advises persons exercising parental authority over minors to promote responsible and secure use of the Internet. The Data Controller cannot be held responsible for collecting and processing information and personal data from minors under 16 years of age whose consent is not effectively covered by that of their legal parents or for incorrect data – especially concerning age – entered by minors. Under no circumstances will personal data be processed by the Data Controller if the User specifies that he/she is under 16 years of age.

Zen-Sailing is not responsible for the loss, corruption or theft of personal data caused in particular by the presence of viruses or following computer attacks.

 

12. Applicable law and jurisdiction

This Privacy Policy is governed exclusively by Belgian law. Any dispute will be brought before the courts of the judicial district of Zen-Sailing’s registered office.

 

13. Contact

For any questions or complaints relating to this Privacy Policy, the User may contact the Data Controller via the following address: contact@zen-sailing.com.