Brighteye nv (hereinafter ‘we’, ‘us’ and ‘our’) understands the importance of the privacy of its customers and users of its website visitors and the protection of their personal data. This policy sets out how we handle and process your personal data.
Brighteye nv with registered office at Leen-ter Hellenstraat 1, 8850 Ardooie, Belgium and KBO (Crossroads Bank for Enterprises) number BE 0861.196.484 manages this website. We act as the data controller when we process our customers’ and website users’ personal data.
We believe it is important to create and maintain an environment where our customers can be confident that their data will not be misused. We comply with the regulations applicable to data protection such as the Regulation (EU) 2016/679 (also referred to as the General Data Protection Regulation, hereinafter “GDPR”) and the Belgian Data Protection Act. The aforementioned regulations concern the protection of personal data and provide you with rights over the said personal data.
The objective of this policy is to indicate what personal data we collect, how we use your data after you have visited our website and to assure you that we process your data appropriately.
2 What type of personal data do we collect?
It is not necessary to provide personal data to use most of our website.
We collect and process the following categories of personal data for the purposes stated below:
- Contact details (name, function, email, telephone number);
- Company details (company address, company phone number, company number);
- Any info you share by accepting cookies.
Additional or optional data are provided by filling out forms on our website or when we contact you (by telephone, email or at trade fairs or events).
We also collect and process data obtained via our website or the devices you use. The collected data may be:
- Login details (username and password) for the section of the website reserved for customers;
- Location data (collected via social media or the IP address of your device; GPS signals sent by your mobile device);
- Data we obtain from other websites, for example if you ask us to link to your Facebook account
- We may record telephone calls for quality assurance and for training purposes.
We may also collect data from the public domain to check data previously collected or to manage or broaden our activities.
3 Why do we collect these data and on what legal basis?
We collect the aforementioned data to create a profile in order to understand your needs and to provide better service, and for the following specific purposes:
- To respond to your (online) questions regarding our products or services, to be able to provide information regarding our products and to follow up online offers.
- To improve our products or services.
- To investigate complaints on our products, services or website.
- To meet the legal and regulatory obligations as well as compliance requirements.
- To analyse and monitor the use of accounts to prevent, investigate or report fraud, terrorism, deception, security incidents and criminal activity to the relevant authorities.
- To send periodic email messages with offers on our products and services, special offers or other information which we believe may be of interest to you.
- To contact you from time to time for the purposes of market research purposes. We may contact you by email or telephone.
- To process your personal data for specific purposes as indicated on specific forms on our website, by notification in writing or by email.
We process the aforementioned personal data based on various processing reasons, as listed in Articles 6.1 (a), (b), (c) and (f) of the GDPR.
Processing of your personal data is required in order to meet contractual obligations for the purposes of delivering products or services in accordance with our agreements. Where personal data is processed (for example to create invoices or communicate with you) in the execution of the agreement, we will store the data for 10 years after the end of our commercial relationship in accordance with the applicable limitation period.
In some cases, it can be a legal requirement to process personal data and to share it with third parties such as government entities for the purposes of government business or anti-money laundering legislation.
In these cases, we have a legitimate interest to process your personal data and to contact you to be able to perform our operations or provide you with information on our products, services, promotions and/or events. Your personal data is retained for up to one year after the termination of our commercial relationship.
If you are not a current customer, we will request your permission to provide you with information on our events, products and services for promotional purposes. In this case, we will retain your personal data for one year.
4 How will your data be used and shared?
We can share your personal data with:
- Third parties with whom you have asked us to share your personal data, such as Facebook or other social media if you have asked us to link these to your account.
Based on our legitimate interest, we may also share your personal data with third parties that assist us with our products and services. Some examples of third-party activities include the hosting of web servers, data analysis, marketing support providers and customer service. These companies have access to your personal data but only when this is required to perform their activities. They are not permitted to use your data for any other purposes.
Your personal data may not be sold or leased to third parties.
We may publish your personal data to enforce our policy, to comply with our legal obligations or in the interest of safety, in the public interest or for the purposes of legal enforcement in any country where we have entities or subsidiaries. We may follow up a request from a law enforcement agency, regulatory authority or government agency. We may also publish data for the purposes of current or scheduled court cases or to protect our property, safety, people or other rights and interests.
Should Brighteye nv be sold or merges with another company, your data will be accessible to the advisor of the potential buyer and transferred to the new company owners. In that case, we will take the appropriate measures to guarantee the integrity and confidentiality of your personal data. The use of your personal data will always be subject to this policy.
5 Transfer of your personal data outside the European Economic Area
We may transfer your personal data to third parties in third countries (outside the European Economic Area (EEA)), i.e. Russia, Ukraine, Armenia, Sri Lanka, the USA, …. The said transfer of data outside the EEA is legal if the recipient of the data resides in a country with a level of protection deemed adequate by the European Commission. Some of these countries may not have enacted equivalent data protection legislation to protect the use of your personal data. In such cases, we have researched whether appropriate preventive measures similar to those implemented within the EU are possible, for example by adopting standard contractual clauses. In specific cases, we will request your prior consent to the transfer of your personal data outside the EEA. Please follow the procedure set out in Rights of the data subject for further information on data transfer.
6 Rights of the data subject
Data protection legislation provides various rights for the data subject with regard to the processing of personal data to ensure the data subject has sufficient control over the processing of their personal data.
You are entitled to:
- Right of access/inspection
You are entitled to receive confirmation from us of whether your personal data is processed by us. If we do process your personal data, you are entitled to request to view your personal data.
Should it not be included in this policy, we will provide you with information on:
- the purposes of the processing;
- the categories of personal data concerned;
- the recipients or categories of recipient to whom the personal data have been or will be disclosed;
- the transfer thereof to recipients in third countries or international organisations;
- where possible, the intended period for which the personal data will be retained, or if this is not possible, the criteria used to determine that period;
- your entitlement with regard to your personal data as listed in this section;
- where the personal data are not collected from you, all the information available regarding the source of the data;
- the existence of automated decision-making, including profiling, and meaningful information about the logic involved, as well as the significance and the intended consequences of the said processing for the data subject.
We will produce a copy of the personal data relating to you in our records upon request. Should you make repeated and disproportionate requests for copies of the said data, we reserve the right to charge you a reasonable fee.
- Right to rectification
Should you determine that the personal data on our records is incomplete or incorrect, you are entitled to notify us in order for the necessary steps to be taken to rectify or add to the said data.
- Right to be forgotten
You are entitled to request we delete your personal data should the processing not be in accordance with the data protection legislation or should the said processing not fall within the limitations laid down by law.
- Right to restriction of processing
You are entitled to request we limit the processing of your personal data if:
- the accuracy of the personal data has been called into question during the period required to check the accuracy thereof
- the processing is unlawful and you do not wish the data to be deleted;
- we no longer require the data but you do not request we delete the data because the data is required for the pursuance or defence of legal claims
- an objection is made to the processing pending an explanation of the legitimate interests that outweigh your interests.
- Right to data portability
You are entitled to receive the data you have provided to us in a structured, standard and machine-readable format. You are entitled to request we transfer the personal data to another data controller (directly from us). This is an option when the processing is based on your consent and processing via an automated procedure.
- Right to object
Where your personal data is processed for direct marketing purposes (including profiling), you remain entitled to object to the said processing.
You are entitled to object to the processing based on a specific situation related to the data subject. The organisation will no longer process the personal data unless the organisation demonstrates compelling legitimate grounds for the processing which outweigh your interests or the interests of the pursuance or defence of legal claims.
- Automated individual decision-making
The data subject is entitled not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her, such as the evaluation of personal aspects related to performance at work, reliability, creditworthiness, etc.
The said right not to be subjected to such automated decision-making processes does not apply where the process is allowed on the basis of a mandatory legal provision.
The data subject is not entitled to invoke this right when the decision is required to enter into, or to execute, an agreement between the data subject and the organisation or is based on the explicit consent of the data subject. In the latter two cases, the data subject is entitled to human intervention by a member of the organisation staff and is entitled to notify the organisation of their position and to contest the automated decision.
- Right to withdraw consent
If you have consented to the processing of your personal data for a specific purpose of processing, you are entitled to withdraw your consent by sending an email or via your account.
If you opted in to receiving [commercial email messages, newsletters, etc.] from us when you registered on the website, you can always unsubscribe if you change your mind.
- Procedure to exercise rights and other provisions
We can request you verify your identity to ensure your request is lawful and that we are sending the reply to a person entitled to make such a request and to receive the data.
Please note that we may refuse access to your personal data or may not be able to grant your request under specific circumstances when we are entitled to do so under the applicable data protection legislation.
We make every effort to guarantee the security of your data. We have implemented reasonable technical and organisational measures to guarantee your personal data against accidental or unlawful destruction, loss, modification, unauthorised disclosure and/or unauthorised access to the data transmitted, saved or otherwise processed. Please note that the internet is an open network; we cannot therefore guarantee that unauthorised third parties will not be able to circumvent these measures or use your personal data for inappropriate purposes.
This website may include links to third-party websites. We will not be held liable for the content of these websites, nor for the privacy standards and practices of the corresponding third party. You must read and understand the relevant third-party and website privacy policies before accepting cookies and visiting a website, to ensure your personal data is sufficiently protected.
7 Terms and conditions of use and liability
- Rights to the website and materials – Permitted usage
Our website and the materials available thereon (for example texts, images, videos, data, software, brands and trademarks and other data) are protected by intellectual property rights and other rights vested in us.
Visitors to the website and any other platforms (BrightBank, API & Source Code reference website, Sales & Marketing Tools ) are permitted to consult the website, the platforms and the material for their own purposes. This right of use is non-exclusive and non-transferable and we reserve the right to revoke this right at any time and without justification. Any other use of any element of the website and/or platforms (i.e. reproduction, changes, publication or any other form of distribution) is prohibited, unless we and/or the licensors have provided advance express permission in writing.
- Prohibited use of the website and material
You undertake as follows: not to use the website, the platforms and the material (1) illegally and/or for illegal purposes; (2) not to damage, modify, interrupt, stop it or impair its efficiency; (3) to disseminate or install computer viruses nor to disseminate or install material that is insulting, obscene, threatening or otherwise not in accordance with the intended use of the website and the platforms; (4) not to infringe third-party or our rights to privacy, protection of personal data or intellectual property; (5) to disseminate or install material for marketing or advertising purposes without requesting our prior approval and only insofar as the recipient has requested the said material.
We shall make every effort to ensure the information we add to our website and the platforms is as complete, correct and current as possible, although we cannot guarantee that the information provided does not include any errors. The information contained therein is not aimed at specific people or organisations and may therefore not be complete, relevant or accurate.
The information must not be considered professional or legal advice (an expert should always be consulted for these purposes). The user is responsible for the use of the website, the platforms and their data. We waive all liability for any damage caused by any errors on this website.
We make every reasonable effort to limit technical malfunctions. Errors and malfunctions may however occur when using the website or the platforms, which may hinder the availability or operation thereof. The website, the platforms and the content thereof is provided “as is” and we do not accept any liability for issues resulting from the use of our website, the platforms or the content thereof.
The website pages or the platforms may contain links to external websites for whose content we neither assume nor will assume any liability with regard thereto. We will not be held liable for material and information added by users to the website or platforms. The user is obliged to indemnify or compensate us for all damage attributable to the material and information.
- Applicable legislation and jurisdiction
Belgian law is applicable to our website, this policy and disputes that may arise with regard to these. In the event of a dispute, only the courts shall have jurisdiction.
- Amendments to this policy
Brighteye nv may amend or update this policy to ensure the provision of information on how we process your personal data at that time. The updated version of this policy is available on the same website and will take effect upon publication. Please visit this webpage regularly to ensure you remain up-to-date on how we collect and process personal data, how and under what circumstances we use your personal data and when we share your personal data with third parties.
Version June 2022
1 Scope of application
This website and the associated cookies are managed by Brighteye nv with registered office at Leen-ter Hellenstraat 1, 8850 Ardooie, Belgium and CBE number BE 0861.196.484. We act as a data controller when we process the personal data of the users of our online environment by means of cookies.
We comply with applicable data protection regulations, such as the General Data Protection Regulation 2016/679 (GDPR) and national data protection laws. These regulations relate to the protection of your personal data and grant you rights with regard to those personal data.
The purpose of this policy is to indicate what personal data we collect through cookies and how we use your data after you have visited our website via a desktop computer, tablet, smartphone or other medium on which the cookies are installed.
2 What are cookies?
Cookies are small text files that contain small pieces of information and store information, such as your language preference, when you visit our website. These cookies are stored on your computer, tablet or smartphone when you visit our website. Cookies may contain personal identifying data, but this is not always the case.
When you revisit the website at a later time, this cookie will send information to the website so that the website recognises your browser and can remember your language preference, for example. Some cookies make it possible to enable certain functions on our website or to measure how website visitors use our website so that we can use this information to optimise the website.
Cookies often have an expiration date with the result that they are automatically deleted after a certain time. Some cookies are deleted immediately after closing the browser, such as session cookies, while others remain on your device for a longer period of time.
3 What types of cookies do we use and why?
Strictly necessary / functional cookies
Strictly necessary cookies are essential in order to navigate on our website and make use of its functions. Functional cookies remember the choices you have made, such as the country from which you are visiting the website, language choice and search parameters. Without these cookies, requested services such as remembering your login details or the items in a shopping cart cannot be provided. These cookies allow us to offer you a more enjoyable experience that better suits your choices. These cookies cannot track your browsing activity on other websites.
We can install these cookies without asking your consent.
Social media cookies/plugins
These cookies are only installed on your device after you have given your consent.
Cookies for analytical and statistical purposes
These cookies collect anonymous information about how people use our website. We use these cookies to find out how customers get to our website, how they browse or use our website and what can be improved such as navigation, shopping experience and marketing campaigns. The data stored by these cookies do not contain any personal information that can be used to determine your identity.
We also make use of third party services such as [e.g. Google Analytics] to collect information about visitors to our website. This information is aggregated to determine the number of visits, average length of visit, pages viewed, etc. We use this information to measure the use of the website and to improve the content and value of our website. More information on how Google processes your information can be found on - the Google Analytics webpage. For the use of these "third party" cookies for analytical purposes, your prior consent is requested. These cookies are therefore all installed on your device after you have given your consent.
4 How will your data be used and shared?
We may process and share the information we obtain through cookies with third parties who assist us with our products and services. Examples of third party activities include data analysis, marketing support providers and CRM software These companies will have access to the information processed through the cookies, but only when strictly necessary to carry out their activities. They may not use your data for other purposes.
5 Transfer of your personal data outside the European Economic Area
6 Deletion of cookies and additional information about cookies
If you have given us your consent by clicking on the appropriate button on the cookie banner, you can withdraw your consent at any time. You can do this by deleting the stored cookies via your browser.
Some cookies are already deleted when you close your browser (session cookies). Others will remain on your device until they expire or until you delete them from the cache (permanent cookies or tracking cookies) as these cookies allow us to remember things about you when you revisit our website.
By deleting our cookies or disabling future cookies, certain parts or functions of our website may not be accessible.
If you want to delete cookies that are already on your computer, please refer to the help and support function of your Internet browser where you will find instructions on how to find the file or folder where cookies are stored. For most browsers, the toolbar help function also provides information on how to prevent your browser from accepting new cookies, what to do to notify you when you receive a new cookie, or how to disable cookies altogether. Please note that if you choose to disable cookies, some personalised services may no longer be available.
Via the links below you will find more information about deleting cookies per browser:
For more information about cookies and how to delete them, please visit www.allaboutcookies.org, or go to www.youronlinechoices.eu where behavioural advertising and online privacy are further explained. These websites exist only in English and are not affiliated with our website or company.
7 Your rights
You have the right to access the information held about you and to receive a copy of the information in our possession. If your personal data has changed, you have the right to ask us to rectify the data, supplement or delete any outdated, incorrect or incomplete personal data that we hold about you. You also have the right to limit the processing of your data and to object to the processing of your personal data. Furthermore, you have the right to receive the personal data concerning you that you have provided to a data controller in a structured, commonly used and machine-readable format and to transmit that data to another data controller.
We may change and update this policy from time to time to ensure that it reflects which cookies are used and how we process your personal information at any given time. The updated version of this policy will be placed on the same webpage and will be effective immediately upon publication. Please return to this web page regularly to ensure that you are always aware of the information we collect and process, how and under what circumstances your data is used and in what cases we share your data with third parties.
Version June 2022