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Privacy Policy
The present version of the General Terms and Conditions of sale dates from August 9, 2021.

PURPOSE

The present Charter is established by Topcare Laserwork located at Rue Victor Hugo 62, 1030 Brussels, Belgium, VAT number BE 0817 129 087 (hereinafter referred to as “the data controller”).

The purpose of this Charter is to inform visitors to the website hosted at https://www.topcare-laserwork.be (hereinafter referred to as the “website”) of the way in which data is collected and processed by the data controller.

The present Charter is part of the desire of the data controller to act transparently, in compliance with the law of December 8, 1992 on the protection of privacy with regard to the processing of personal data and with Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (hereinafter referred to as the “general data protection regulation”).

The data controller pays particular attention to the protection of the privacy of its users and therefore undertakes to take reasonable precautions to protect the personal data collected against loss, theft, disclosure or unauthorized use.

If the user wishes to react to any of the practices described below, he/she may contact the data controller at the postal address or the email address specified in the “contact data” section of this Charter.

CONSENT

By accessing and using the website, the user declares that he/she has read the information described below, accepts the present Charter and expressly consents to the data controller collecting and processing, in accordance with the methods and principles described in the present Charter, his/her personal data that he/she communicates through the website and/or on the occasion of the services offered on the website, for the purposes indicated below.

The user has the right to withdraw his consent at any time. The withdrawal of consent does not affect the lawfulness of the processing based on the consent previously given.

WHAT DATA DO WE COLLECT?

By visiting and using the website, the user expressly consents to the data controller collecting and processing, in the manner and principles described below, the following personal data:

his/her domain (automatically detected by the controller’s server), including the dynamic IP address ;

his e-mail address if the user has previously revealed it, for example by sending messages or questions on the website, by communicating with the controller by e-mail, etc. ;

all information concerning the pages that the user has consulted on the website;

any information that the user has given voluntarily, for example by filling in the newsletter form, the registration for the creation of an account or the order form.

It is possible that the data controller may also collect non-personal data. These data are qualified as non-personal data because they do not allow to identify directly or indirectly a particular person. It may therefore be used for any purpose, for example to improve the website, products and services offered by the controller.

If non-personal data are combined with personal data in such a way that it is possible to identify the persons concerned, these data will be treated as personal data until it is impossible to link them to a specific person.

COLLECTION METHODS

The controller collects personal data in the following ways:

COOKIES

Google Analytics

PURPOSES OF THE PROCESSING

Personal data are collected and processed only for the purposes mentioned below:

to ensure the management and control of the execution of the services offered;

sending promotional information on the products and services of the controller;

sending, if necessary, offers of services at preferential conditions;

to answer the user’s questions;

to carry out statistics;

to improve the quality of the website and of the products and/or services offered by the data controller;

to transmit information on new products and/or services of the data controller;

for direct marketing purposes;

to allow a better identification of the user’s interests.

The person in charge of the treatment could be brought to carry out treatments which are not yet envisaged in the present Charter. In this case, the person in charge of the treatment will contact the user before re-using his personal data, in order to inform him of the changes and to give him the possibility, if necessary, to refuse this re-use.

RETENTION PERIOD

The data controller only keeps personal data for as long as is reasonably necessary for the purposes for which it is to be used and in accordance with legal and regulatory requirements.

A customer’s personal data is kept for a maximum of 3 years after the end of the contractual relationship between the customer and the controller.

Shorter retention periods apply to certain categories of data, such as traffic data, which is retained for only 12 months.

At the end of the retention period, the data controller shall make every effort to ensure that the personal data has been rendered unavailable.

ACCESS TO DATA AND COPY

By means of a written, dated and signed request sent to the person in charge of the treatment at the address referred to in the point “contact data” of the present Charter, the user can, after having justified his identity (by requesting a copy of the identity card), obtain free of charge the written communication or a copy of the personal data concerning him which have been collected.

The data controller may require payment of a reasonable fee based on administrative costs for any additional copies requested by the user.

Where the user makes such a request electronically, the information shall be provided in a commonly used electronic form, unless the user requests otherwise.

The user will be provided with a copy of his or her data no later than one month after the request is received.

RIGHT OF RECTIFICATION

By means of a written, dated and signed request sent to the person in charge of the treatment at the address referred to in the point “contact data” of the present Charter, the user can, after having justified his identity (by joining a copy of the identity card), obtain free of charge, as soon as possible and at the latest within one month, the rectification of his personal data which would be inaccurate, incomplete or irrelevant, as well as to complete them if they prove to be incomplete.

RIGHT TO OBJECT TO THE PROCESSING

By means of a written, dated and signed request sent to the person in charge of the treatment at the address mentioned in the point “contact data” of the present Charter, the user can at any time, for reasons related to his particular situation and after having justified his identity (by joining a copy of the identity card), oppose free of charge the treatment of his personal data, when:

the processing is necessary for the performance of a task of public interest or in the exercise of official authority vested in the controller;

the processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, unless the interests or fundamental rights and freedoms of the data subject which require the protection of personal data prevail (in particular where the data subject is a child).

The data controller may refuse to implement the user’s right of objection when it establishes the existence of compelling and legitimate reasons justifying the processing, which override the interests or rights and freedoms of the user, or for the establishment, exercise or defense of legal claims. In case of dispute, the user can introduce a recourse in accordance with the point “claim and complaint” of the present Charter.

By means of a written, dated and signed request sent to the person in charge of the treatment at the address mentioned in the point “contact data” of the present Charter, the user can, at any time and after having justified his identity (by joining a copy of the identity card), oppose, without justification and free of charge, the treatment of the personal data concerning him when his data are collected at ends of direct marketing (including a profiling).

Where personal data are processed for scientific or historical research or statistical purposes in accordance with the General Data Protection Regulation, the user has the right to object, on grounds relating to his or her particular situation, to the processing of personal data concerning him or her, unless the processing is necessary for the performance of a task in the public interest.

The data controller is obliged to respond to the user’s request as soon as possible and at the latest within one month, and to give reasons for its response if it intends not to comply with such a request.

RIGHT TO THE LIMITATION OF THE TREATMENT

By means of a written, dated and signed request sent to the person in charge of the treatment at the address referred to in the point “contact data” of the present Charter, the user can, after having justified his identity (by enclosing a copy of the identity card), obtain the limitation of the treatment of his personal data in the cases enumerated below:

when the user disputes the accuracy of a data and only for the time that the controller can check it;

when the processing is unlawful and the user prefers the limitation of processing to erasure;

when, although no longer necessary for the purposes of the processing, the user needs it for the establishment, exercise or defense of his legal rights;

for the time necessary to examine the validity of a request for opposition made by the user, in other words, for the time necessary for the controller to verify the balance of interests between the legitimate interests of the controller and those of the user.

The data controller will inform the user when the limitation of the processing is lifted.

RIGHT TO ERASURE (RIGHT TO BE FORGOTTEN)

By means of a written, dated and signed request sent to the person in charge of the treatment at the address referred to in the point “contact data” of the present Charter, the user can, after having justified his identity (by enjoining a copy of the identity card), obtain the deletion of the personal data concerning him, when one of the following motives applies:

the data are no longer necessary for the purposes of the processing ;

the user has withdrawn his consent to the processing of his data and there is no other legal basis for the processing

the user objects to the processing and there is no compelling legitimate reason for the processing and/or the user exercises his specific right to object in relation to direct marketing (including profiling);

the personal data have been processed unlawfully;

the personal data must be erased in order to comply with a legal obligation (under Union law or the law of the Member State) to which the controller is subject;

the personal data have been collected in the context of the provision of information society services to children.

However, the erasure of data is not applicable in the following 5 cases:

when the processing is necessary for the exercise of the right to freedom of expression and information;

when the processing is necessary for compliance with a legal obligation to process provided for by Union law or by the law of the Member State to which the controller is subject, or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;

when the processing is necessary for reasons of public interest in the field of public health;

when the processing is necessary for archival purposes in the public interest, for scientific or historical research or for statistical purposes and insofar as the right to erasure is likely to render impossible or seriously compromise the achievement of the purposes of the processing in question;

when the processing is necessary for the establishment, exercise or defense of legal claims.

The data controller is obliged to respond to the user’s request as soon as possible and at the latest within one month, and to give reasons for not responding to such a request.

The user also has the right, in the same way, to obtain, free of charge, the deletion or prohibition of the use of any personal data concerning him/her which, in view of the purpose of the processing, is incomplete or irrelevant or whose recording, communication or storage is prohibited or which has been stored beyond the necessary and authorized period.

RIGHT TO “DATA PORTABILITY”

By means of a written, dated and signed request sent to the data controller at the address referred to in the “contact data” section of this Charter and after having provided proof of identity (by attaching a legible copy of the identity card), the user may, at any time, request to receive, free of charge, his/her personal data in a structured, commonly used and machine-readable format, with a view, in particular, to transmitting it to another data controller, when:

the processing of data is carried out using automated processes; and where

the processing is based on the user’s consent or on a contract concluded between the latter and the data controller.

Under the same conditions and in the same manner, the user has the right to obtain from the data controller that the personal data concerning him/her be transmitted directly to another data controller, provided that this is technically possible.

The right to data portability does not apply to processing that is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

RECIPIENTS OF THE DATA AND DISCLOSURE TO THIRD PARTIES

The recipients of the data collected and processed are, in addition to the data controller itself, its employees or other subcontractors, its carefully selected commercial partners, located in Belgium or in the European Union, who collaborate with the data controller in the context of the marketing of products or the provision of services.

In the event that the data is disclosed to third parties for direct marketing or canvassing purposes, the user will be informed in advance so that he/she can choose whether or not to accept this processing of his/her data by the third parties.

By means of a written, dated and signed request sent to the person in charge of the treatment at the address mentioned in the point “contact data” of the present Charter, the user can, at any time and after having justified his identity (by joining a copy of the identity card), oppose free of charge to the transmission of his data to third parties.

The person in charge of the treatment respects the legal and regulatory provisions in force and will take care in all cases that its partners, employees, subcontractors or other third parties having access to these personal data respect the present Charter.

The data controller reserves the right to disclose the user’s personal data in the event that a law, a legal proceeding or an order from a public authority makes such disclosure necessary.

No transfer of personal data outside the European Union is made.

USE AND MANAGEMENT OF “COOKIES GENERAL PRINCIPLES.”

This section provides information regarding the use of cookies on the website.

This cookie management policy applies to the website. These are managed by the controller.

The website uses cookies to make navigation more useful and reliable. Some of these cookies are essential for the functioning of the website, others allow the user experience to be improved.

Most web browsers are configured to automatically accept cookies. If the user wishes to customize their management, he/she must modify the settings of his/her browser. Further information on this subject can be found in the “Cookie Management” section of this provision.

By visiting and using the website, the user expressly agrees with the cookie management described below.

DEFINITION OF COOKIES.

A “cookie” is a data or text file that a website’s server temporarily or permanently stores on the user’s equipment (computer’s hard drive, tablet, smartphone, or any other similar device) through the user’s browser. Cookies may also be installed by third parties with whom the controller collaborates.

Cookies retain a certain amount of information, such as the language preferences of visitors or the contents of their shopping cart. Other cookies collect statistics about the users of a website or ensure that graphics appear correctly and that applications work properly on the website. Still other cookies allow a website’s content and/or advertising to be tailored to the user.

USE OF COOKIES ON THE WEBSITE.

The website uses different types of cookies:

Essential or technical cookies: these are cookies that are essential for the operation of the website, allowing good communication and intended to facilitate navigation;

Statistical or analytical cookies: these cookies make it possible to recognize and count the number of visitors and to see their browsing behavior when they visit the website. This makes it possible to improve the user’s browsing experience and makes it easier for them to find what they are looking for;

Functional cookies: these cookies enable specific features on the website to improve the user experience, including remembering the user’s preference choices (e.g. language);

Performance cookies: these cookies collect information about how visitors use the website. They allow us to evaluate and improve the content and performance of the website (for example, by counting the number of visitors, identifying the most popular pages or clicks), and to better match commercial proposals to the user’s personal preferences;

Advertising or commercial cookies: these are files intended to collect data relating to the profile of visitors and likely to be installed or read by third parties with whom the data controller collaborates in order to measure the effectiveness of an advertisement or a web page and to better adapt it to the user’s interests;

Tracking cookies: the website uses tracking cookies via Google Analytics, with the aim of helping the controller to measure the ways in which users interact with the content of the website, and which generates visit statistics in a strictly anonymous manner. These statistics make it possible to continuously improve the website and to offer the user relevant content. The controller uses Google Analytics to gain insight into the traffic on the website, the origin of this traffic and the pages visited. This means that Google acts as a subcontractor. The information collected by Google Analytics is generated as anonymously as possible. For example, it is not possible to identify the persons who visit the website. For more information, the user is invited to consult the Google data protection policy, available at the following address: https://www.google.com/intl/fr/policies/privacy/

Use of sharing tools: Our website uses some social media tools in the form of sharing buttons that make it easy for visitors to share information with their friends on certain social networks. Therefore it is possible that, when visiting a page on which such a plug-in is included, you may be confronted with cookies from these websites. These sites are not managed by MAESTRIA. By using these links, you agree to the privacy policies of these sites. These sites may also set a cookie if you are connected to their services. In this way, they may also collect data in order to show you advertisements on other sites that they consider relevant to your interests.

The controller may also use cookies and beacons to collect information about the surfing habits of users on the various websites and applications belonging to its advertising network.

A cookie is an invisible image file that tracks a user’s navigation on one or more websites/applications. In addition, other commercial cookies may be set by advertisers when they serve their ads.

Commercial cookies do not contain any personal data. The information collected through commercial cookies and beacons is used to measure the effectiveness of advertising and to better personalize advertising on the website and on other websites belonging to the advertising network or for which the controller provides advertising services.

The retention period for cookies varies according to their type: essential cookies are generally kept until the browser is closed, while functional cookies remain valid for 1 year and performance cookies for 4 years.

The data controller authorizes public search engines to visit the website via spiders with the sole purpose of making access and content of the website accessible via their search engines, without the data controller granting the right to archive the website. The data controller reserves the right to withdraw the authorization as formulated in this article at any time.

In order to make offers that may be of interest to the user, the data controller may enter into agreements with Internet advertising agencies. They have received permission from the controller to place advertisements on the website. When the user visits the website, the advertising companies may also collect information.

COOKIE MANAGEMENT

Most browsers are set to automatically accept cookies, but all browsers allow you to customize the settings to suit your preferences.

If the user does not want the website to place cookies on their computer/mobile device, they can easily manage or delete them by changing their browser settings. The user can also set his browser to notify him when he receives a cookie and thus decide whether or not to accept it.

If the user wishes to block and/or manage certain cookies, they can do so by following the link linked to their browser:

Internet Explorer: http://windows.microsoft.com/en-us/windows-vista/block-or-allow-cookies

Chrome: https://support.google.com/accounts/answer/614167hlsen

Firefox: https://support.mozilla.Org/en-U.S/kb/enable-and-disable-cookies-website-preferences

Safari: http://support.apple.com/kb/PH5042

If the user does not wish to accept cookies from Google Analytics, they can indicate this via the cookie message that appears on their first visit to the website or by customizing their browser settings to refuse cookies.

To stop being tracked by Google Analytics on any website, the user is invited to visit the following website: http://tools.google.com/dlpage/gaoptout

If the user deactivates certain cookies, it is possible that certain parts of the website will not be available and/or usable, or will only be partially available.

SECURITY

The data controller implements the appropriate technical and organizational measures to guarantee a level of security of the processing and of the data collected with regard to the risks presented by the processing and the nature of the data to be protected adapted to the risk. It takes into account the state of knowledge, the costs of implementation and the nature, scope, context and purposes of the processing as well as the risks to the rights and freedoms of users.

The data controller always uses encryption technologies that are recognized as industry standards within the IT sector when transferring or receiving data on the website.

The data controller has implemented appropriate security measures to protect and prevent the loss, misuse or alteration of the information received on the website.

COMMUNICATIONS BY MAIL, ELECTRONIC OR TELEPHONE

COMMUNICATION BY POST.

If the user provides the controller with his postal address via the website, his data will be stored in the controller’s address file in order to respond to the user’s request and to keep the user informed of products and services offered by the controller. Unless the user objects, the controller may also pass on the user’s data to third parties (such as groups of companies and business partners) for direct marketing purposes. If the user does not want his data to be used for direct marketing purposes, he can indicate this when registering on the website.

The user may at any time consult, correct or delete his/her data from the file of the data controller. To do so, he/she should contact the data controller at the address mentioned in the “contact data” section of this Charter, remembering to specify his/her exact name and address (spelled correctly). The person in charge of the treatment commits himself to delete his data from the list that he shares with other companies or organizations.

COMMUNICATION BY TELEPHONE.

If the user provides the data controller with his/her telephone number via the website, he/she may receive a telephone call:

from the data controller in order to provide information about its products, services or upcoming events;

groups of companies and business partners with which the controller has a contractual relationship.

If the user does not wish/no longer wishes to receive such telephone calls, he/she can contact the data controller at the address mentioned in the point “contact data” of the present Charter, by not forgetting to specify his/her exact name and address (spelled correctly). The person in charge of the treatment commits himself to delete his data from the list that he shares with other companies or organizations.

If the user provides the controller with his/her mobile phone number via the website, he/she will only receive messages (SMS/MMS) from the controller that are necessary to answer his/her questions or to inform him/her about his/her orders made online.

COMMUNICATION VIA E-MAIL.

If the user provides the controller with his/her e-mail address via the website, he/she may receive:

e-mails from the controller in order to communicate information about its products, services or upcoming events (for direct marketing purposes), provided that the user has expressly consented to this or is already a customer of the controller and has communicated his e-mail address to the controller;

e-mails from groups of companies and companies/organizations to which the controller is contractually bound, for direct marketing purposes, provided that the user has explicitly consented to this.

If the user does not wish/no longer wishes to receive such e-mails, he/she can contact the data controller at the address mentioned in the point “contact data” of this Charter, not forgetting to specify his/her exact name and address (spelled correctly).

The person in charge of the treatment commits himself removing his coordinates from the list that he shares with other companies or organizations.

THE ROBINSON LIST

If the user does not wish to receive mailings or telephone calls from any company on the Robinson list, he/she can contact the Robinson service of the Belgian Direct Marketing Association:

http://www.robinsonlist.be

Free phone number: 0800-91 887 ;

By mail: BDMV, Robinson List, Buro & Design Center, Esplanade du Heysel B46, 1020 Brussels.

CLAIMS AND COMPLAINTS

The user can lodge a complaint with the Belgian Commission for the Protection of Privacy at the following address

Commission for the Protection of Privacy

Rue de la Presse, 35

1000 Brussels

Phone +32 2 274 48 00

Fax +32 2 274 48 35

commission@privacycommission.be

The user may also file a complaint with the court of first instance of his residence.

For more information on complaints and possible remedies, the user is invited to consult the following address of the Belgian Commission for the Protection of Privacy:

https://www.privacycommission.be/fr/plainte-et-recours

DATA PROTECTION OFFICER

The data protection officer of the controller is ….

His contact details are as follows: info@topcare-laserwork.be

CONTACT DATA

For any question and/or complaint, in particular as for the clear and accessible character of the present Charter, the user can contact the person in charge for the treatment:

By email: info@topcare-laserwork.be

By post: … – Rue Victor Hugo 62 – 1030 Brussels, Belgium.

APPLICABLE LAW AND COMPETENT JURISDICTION

This Charter is governed by Belgian law.

Any dispute relating to the interpretation or execution of this Charter will be subject to Belgian law and will fall under the exclusive jurisdiction of the courts of the judicial district of Brussels.

MISCELLANEOUS PROVISIONS

The person in charge of the treatment reserves the right to modify at any time the provisions of the present Charter. The modifications will be published with a warning as to their entry into force.

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