• The document revision date - format "Mmm. d, yyyy" April. 24, 2023.

As a controller, VANDERKEMP has the obligation to inform you about the processing of personal information that it performs as well as how to exercise your rights in case of unlawful processing of personal information.

As a customer of VANDERKEMP, your data is processed for the following purposes:

• For accounting and tax purposes, on the grounds of the Law on Accounting, and Tax and Insurance Procedure Code
• For the purpose of registered online queries and accounts;
• For the purpose of marketing based on the consent of the data subjects;
• For the purpose of your voluntary subscription for a newsletter, based on your consent;

VANDERKEMP is processing the following categories of your personal data:

• For accounting and tax purposes – names, address, country;
• For the purpose of registered online queries and accounts – names, email, address, telephone number;
• For the purpose of marketing – names, email, address;
• For the purpose of subscription for a newsletter – email;

The retention periods of the data are determined as follows:

• For accounting and tax purposes – according to the applicable legislation;
• For the purpose of registered online queries and accounts – until the completion of the contractual obligation and 5 years thereof ;
• For the purpose of marketing – until the end of the marketing campaign;
• For the purpose of subscription for a newsletter – until withdrawal of the consent;

VANDERKEMP has created this privacy statement in order to demonstrate our firm commitment to privacy. The following discloses our information gathering and dissemination practices for this website: www.van-der-kemp.com

VANDERKEMP reserves the right to change this policy at any time by notifying users of the existence of a new privacy statement.

VANDERKEMP respects your privacy and is committed to protecting it through our compliance with this Notice.

This Privacy Notice describes the type of information we may collect from you or that you may provide when you visit the website www.van-der-kemp.com and our practices for collecting, using, maintaining, protecting and disclosing that information.  Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it.

This policy applies to information we collect:

On this Website – in email, text, and other electronic messages between you and this Website.

From your request’s form – when you interact with our advertising and applications on third-party websites and services if those applications or advertising include links to this policy.

Collection of data

Under the EU’s General Data Protection Regulation (GDPR) personal data is defined as:

“Any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person”.

“Usage Information” or “Usage Data” is information about an individual’s online activity that, by itself, does not identify the individual, such as browser type, operating system,  top viewed and visited pages and links on our web site, top entry and exit points, number of form completions, time spent on pages, top downloads, top keywords used offsite to lead customers to our website, information collected via cookies, and other device event information such as system activity, crashes, and hardware settings.

Generally, we do not consider Usage Data as Personal Information because Usage Data by itself usually does not identify an individual. Personal Information and Usage Data may be linked together. Different types of Usage Information also may be linked together and, once linked, may identify an individual person. Also, some Usage Data may be Personal Information under applicable law.

VANDERKEMP collects information that you provide to us and from your use of the Website and the services.  The information that we collect and how we process it depends on how you use and access the Website.  Some information is collected automatically through the use of cookies and similar data collection tools. Continue reading for more information on VANDERKEMP’s use of cookies.

We collect information from you when you:

Use the Website: We collect Personal Information and Usage Data from you when you create a request for some of the services, contact us for help or information or otherwise provide your Personal Information, or request other services. We collect the information and content that you submit to us when you input your information in a form on our website, request additional information on a service, and when you enter comments or submit a review or complaint.

Usage Data: We also automatically collect Usage Data when you interact with the Website. Whenever you use the Website or the services, we use the location information from your mobile device or browser to tailor the services and website experience to your location.

Information We Collect Through Automatic Data Collection Technologies

As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:

• Details of your visits to our Website, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Website.
• Information about your computer and internet connection, including your IP address, operating system, and browser type.
• We also may use these technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking).

Cookies, as one of these technologies, can be controlled through your browser settings. Be aware that setting the cookies controls to be too restrictive, or deactivating cookies, may affect your ability to use certain features of the VANDERKEMP website. Please refer to our Cookie Settings or to your browser Help instructions to learn more about cookies and other technologies and how to manage their use. If you elect to refuse/deactivate or delete cookies, you will need to repeat this process if you use another computer, or change browsers.

The information we collect automatically is statistical data and does not include personal information, but we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve our Website and to deliver better and more personalized service, including by enabling us to:

• Estimate our audience size and usage patterns.
• Store information about your preferences, allowing us to customize our Website according to your individual interests.
• Speed up your searches.
• Recognize you when you return to our Website.

The technologies we use for this automatic data collection may include:

Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse cookies by deactivating them through Cookie Settings, or by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Website. Unless you have adjusted settings so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website.

Flash Cookies. Certain features of our Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Website. Flash cookies are not managed by the same browser settings as are used for browser cookies.

Web Beacons. Pages of our Website and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

We do not collect personal information automatically, but we may tie this information to personal information about you that we collect from other sources or you provide to us.

Third Party Use of Cookies and Other Tracking Technologies

Some content or applications, including advertisements, on the Website, are served by third-parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our website. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.

How Your Information is Used

We use the Personal Information that we collect to operate, improve, and personalize the Website and services including providing customer service, customize our marketing, to detect, prevent and mitigate fraudulent or illegal activities. You agree that we may use your Personal Information as follows:

• to provide the services to you;
• to fulfil any other purpose for which you provided it;
• to operate, improve and personalize the services we offer, and to give each user a more consistent and personalized experience when interacting with us;
• for customer service, security, to detect fraud or illegal activities,  and for archival and backup purposes in connection with the provision of the Services;
• to communicate with you, either via email, telephone, or otherwise as authorized by you to inform you about the Services, Conferences, Events, etc..
• to better understand how users access and use the website and services, for the purposes of trying to improve the Website and services and to respond to user preferences, including language and location customization, personalized help and instructions, or other responses to users’ usage of the services;
• to help us develop our new services and improve our existing services;
• to provide users with advertising and direct marketing that is more relevant to you;
• to assess the effectiveness of and improve advertising and other marketing and promotional activities on or in connection with the Services;
• to contact users in the case of a legal dispute or infringement;
• for any other purpose with your consent.

Legal Basis for The Processing of Personal Information from EEA Residents

If you reside within the European Economic Area (EEA), our processing of your personal information will be legitimized as follows:

Whenever we require your consent for the processing of your personal information such processing will be justified pursuant to Article 6(1) lit. (a) of the General Data Protection Regulation (EU) 2016/679 (“GDPR”). This article in the GDPR describes when processing can be done lawfully.

If the processing of your personal data is necessary for the performance of a contract between you and VANDERKEMP or for taking any pre-contractual steps upon your request, such processing will be based on GDPR Article 6(1) lit. (b).”). If this data is not processed, VANDERKEMP will not be able to execute the contract with you.

Where the processing is necessary for us to comply with a legal obligation, we will process your information on the basis of GDPR Article 6(1) lit. (c), for example, complying in the fields of employment law.

And where the processing is necessary for the purposes of VANDERKEMP’s legitimate interests, such processing will be made in accordance with GDPR Article 6(1) lit. (f), for example to detect fraud or respond to a legal dispute or infringement.

Disclosure of Information

We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.

We may disclose personal information that we collect or you provide as described in this privacy policy:

• To our affiliates.
• To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
• To fulfill the purpose for which you provide it.
• For any other purpose disclosed by us when you provide the information.

With your consent.

For legal purposes: We also may share information that we collect from users, as needed, to enforce our rights, protect the rights, property or safety of others, or as needed to support external auditing, compliance and corporate governance functions. We will disclose Personal Information as we deem necessary to respond to a subpoena, regulation, binding order of a data protection agency, legal process, governmental request, or another legal or regulatory process. We may also share Personal Information as required to pursue available remedies or limit damages we may sustain.

Corporate Changes. We may transfer information, including your Personal Information, in connection with a merger, sale, acquisition or other change of ownership or control by or of us or any affiliated company (in each case whether in whole or in part). When one of these events occurs, we will use reasonable efforts to notify users before your information is transferred or becomes subject to a different privacy policy.

Where We Store Your Personal Data

The data we collect from you will be transferred to, and stored in European Union. VANDERKEMP will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy. All information you provide to VANDERKEMP is stored on secure servers. Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorized access.

Accessing and Correcting Your Information

If you wish to exercise your rights regarding the processing of your personal data by VANDERKEMP, please get in touch via the contact page.

You may also request information through our about: the purpose of the processing; the categories of personal data concerned; who else outside VANDERKEMP might have received the data from VANDERKEMP; what the source of the information was (if you did not provide it directly to VANDERKEMP); where the personal data is stored and how long it will be stored. You have a right to correct (rectify) the record of your personal data maintained by VANDERKEMP if it is inaccurate. You may request that VANDERKEMP erase that data or cease processing it, subject to certain exceptions. You may also ask VANDERKEMP for your personal data to be supplemented or updated, or for their transformation into an anonymous format or to block any data held in violation of the law, as well as to oppose their treatment for any and all legitimate reasons. You may withdraw your consent for the processing of personal data or the further processing of personal data by VANDERKEMP at any time.  You may also request that VANDERKEMP cease using your data for direct marketing purposes. You have a right to lodge a complaint with the appropriate data protection authority if you have concerns about how VANDERKEMP processes your personal data. When technically feasible, VANDERKEMP will—at your request—provide your personal data to you or transmit it directly to another controller. You have the right to receive your personal information in a structured and standard format.

Upon your request for access to your personal data, VANDERKEMP will take all necessary action to provide you with the appropriate information about processing free of charge. In the event that the request is unreasonable or excessive, especially due to its repeatability, VANDERKEMP may charge a reasonable fee by taking into account the administrative costs arising as a result of providing information or communication, or taking any other actions based on the request, and may justifiably refuse to take action.

Deletion of personal data

Deletion of personal data is performed in accordance with the legal requirements or by internal rules adopted in the organization for specific personal data. Your data can also be anonymized. Anonymization is an alternative to data deletion. In anonymization, any personal identifiable elements that allow you to identify yourself are irrevocably deleted. Anonymized data is not legally obligatory for deletion because it does not constitute personal data.

Please keep in mind that, even in the event that you decide to delete your account, we may retain some of your information. This is done due to the necessity of execution of contractual obligations (e.g. contacting licensee) and to protect VANDERKEMP’s legitimate interests and includes our right to decline a request to delete said information.

The purposes for retaining your information referred to in the previous paragraph are the following:

• To fulfill our obligations under a licensing agreement.
• To contact you in the case of a legal dispute or infringement.

In these circumstances we retain the following information:

• The information you provide for your account registration.
• The history of your purchases/licenses.

Any other categories of personal data will be deleted.

Additional Questions

If you have any questions or concerns about this Privacy Notice, please contact us at:

Address: 45 A, rue Saint Erhard, FR-67100 Strasbourg, France

Please get in touch via the contact page.

For any additional questions, regarding protection of your privacy data, you can contact Commission for Personal Data Protection:

REGULATION (EU) 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, and repealing Directive 95/46/EC (General Data Protection Regulation)

Address: EDPB, Rue Montoyer 30, B-1000 Brussels, Belgium

Web-site: https://eur-lex.europa.eu/legal-content/EN/TXT/?qid=1528874672298&uri=CELEX%3A32016R0679