PRIVACY NOTICE
Your privacy is very important to us and we are committed to protecting your personal data. We promise to keep your data safe and to give you ways to manage and review your marketing choices at any time.
Beneatly operates in the Benelux. As part of our business, we offer our customers an e-commerce service accessible from our website www.beneatly.com.
If you purchase products or services from this site, your personal data will be collected and used for the purposes of fulfilling your order and delivering products to you. This Privacy Notice only relates to the use of your data by Beneatly.
To provide our services, we also collect personal data about you. Data collection may take place on our website, by phone, by email, through social media websites (e.g. Facebook), through written correspondence and through other media we may use from time to time as technology develops.
This notice is intended to provide you with detailed information on our use of your personal data.
CONTENTS
1. WHO COLLECTS PERSONAL DATA?
2. HOW THE LAW PROTECTS YOU
2.1 Lawful reasons for processing
2.2 Our processing & reasons
3. WHO WE SHARE YOUR DATA WITH
4. YOUR RIGHTS
4.1. Your rights under data protection laws
4.2. How to exercise your rights
4.3 What if you exercise the right of opposition to marketing profiling?
4.4 Withdrawal of consent
4.5 What if you are not satisfied with the response you receive from us?
5. WILL MY DATA BE SENT OUTSIDE THE EEA?
6. HOW LONG WILL MY DATA BE KEPT?
7. WHAT SECURITY MEASURES ARE TAKEN TO PROTECT MY DATA?
7.1. General rules
7.2. Bank data, credit cards & debit cards
7.3. Fight against online fraud
8. WHAT SHOULD I KNOW ABOUT DATA COLLECTED BY SOCIAL NETWORKS?
9. IS DATA ON MINORS UNDER THE AGE OF 16 COLLECTED?
10. MARKETING
10.1. Principles
10.2. Electronic marketing (by email, SMS & phone)
10.3. Marketing by post
10.4. Email retargeting
11. COOKIES, TAGS & TRACKERS
11.1 What is a cookie?
11.2 Why are cookies, tags & trackers used ?
11.3 How to configure cookies, tags & trackers
12. WHO IS THE DATA PROTECTION OFFICER (DPO)?
12.1. What are the DPO’s duties?
12.2. How to contact the DPO?
13. CHANGES TO THIS NOTICE
1. WHO COLLECTS PERSONAL DATA?
The company collecting your personal data under this notice is:
Beneatly, Brandmotion, which is registered with Chamber of Commerce (Amsterdam) KvK 24400352. Its registered office is at Celsiusstraat 9, 1097 pc Amsterdam, Nederland, and its VAT number is NL002003869B7
2. HOW THE LAW PROTECTS YOU
2.1 Lawful reasons for processing
Your privacy is protected by law. Under data protection law, we are allowed to use your personal data only if we have a lawful reason. We must have one or more of the following lawful reasons:
To perform a contract or to take steps at your request prior to entering into a contract, or
Where we are required to do so to comply with our legal obligations (e.g. to keep records), or Where it is in our legitimate interests or those of a third party, or Where you have consented A “legitimate interest” is where there is a business, commercial or other reason to use your information but it should not unfairly go against what is right and best for you. Examples of legitimate interests given in the EU General Data Protection Regulation (GDPR) include fraud prevention, direct marketing and sharing data within a corporate group.
The normal basis for our processing of personal data is that it is necessary for our legitimate interests. Amongst other things, to perform contracts (i.e. fulfil customer orders) and pass personal data to us so that we can assist with that processing.
2.2 Our processing & reasons
We collect and record personal data to carry out the following processing:
What we use personal data for:
Customer account management and supplying products and services for legitimate interests
Customer satisfaction management (collection of customer reviews on products and customer service performance) for legitimate interests
Statistics, analytics, selection and segmentation of customers to improve customer knowledge, how they use our products and services and their changing needs for legitimate interests
Sending targeted marketing promotions by post, email, mobile notification, social network, other websites or other media as technology develops for legitimate interests and consent
Personalising our sites (mobile and desktop) and applications to customers for consent
Measuring visits to our sites (mobile and desktop) and mobile applications for consent
Providing sharing tools on social networks for consent
Detecting, investigating, reporting and seeking to prevent financial crime for legitimate interests and to comply with our legal obligations
Running competitions (e.g. prize draws) for egitimate interests
Sharing personal data with commercial partners supporting our operations for legitimate interests
Sharing personal data with other organisations so they can market products and services to you with consent, complying with legal obligations (e.g. record-keeping requirements) and to comply with our legal obligations
Handling claims and complaints and seeking to resolve them, to comply with our legal obligations, for legitimate interests and legal claims
3. WHO WE SHARE YOUR DATA WITH
We share your data within Beneatly and we may also share it with public authorities and other partners who can use the data for their own purposes (they are recipients) and suppliers only for the account and according to our instructions (our sub-contractors).
The recipients of the data may include:
Financing institutions
Police authorities in the context of court orders concerning anti-fraud measures
Commercial partners, including marketing and advertising firms.
We also use sub-contractors for the following operations:
warehousing and processing orders/returns
customer services, including management of phone calls and printing and sending post
customising the content of mobile sites and applications
implementation of maintenance and technical development of our website, internal applications and information system
collection of customer reviews
sending marketing communications (e.g. email, SMS, post)
If there is a future sale, transfer or merger of the business or part of it, or we acquire or merge with another organisation
If such a transaction takes place, we may share your data with other parties but we will only do this if they agree to keep your data private and safe
4. YOUR RIGHTS
4.1. Your rights under data protection laws
Your rights under Articles 14 to 22 of the EU General Data Protection Regulation (GDPR):
Right of access:
You can request a copy of the data we hold about you.
Right of rectification:
You can query any data we hold about you that you think is inaccurate or incomplete.
Right to object to processing, or to ask us to delete, remove or stop using it:
This is often referred to as the “right to be forgotten”. It is not an absolute right to demand that organisations stop using or delete your data. An organisation may be entitled to keep and continue to use the data (e.g. to comply with a legal obligation to retain records, or so that the organisation can handle complaints and show that it treated you fairly in any period that the law gives you to lodge a complaint or legal claim).
Right to limit processing:
It may sometimes be possible to restrict processing of data so that it can only be used for certain purposes (e.g. legal claims or to exercise legal rights). In such circumstances, we would not use or share the data in other ways while processing is restricted. You can ask us to restrict the use of your data: if it is inaccurate; if it has been used unlawfully but you do not want us to delete it; if it is not relevant any more but you want us to keep it for use in legal claims; if you have already asked us to stop using it but you are waiting for us to tell you if we are allowed to keep using it.
Right to object to profiling:
We use profiling for marketing to decide whether to select you for specific promotions and for making product recommendations. You can object to this but then offers and recommendations you receive will be less relevant and no longer targeted to your interests.
Right to portability:
This right entitles individuals to ask organisations to transfer their data to another organisation (e.g. you wish to move from one social media service to another; from one music streaming service to another; from one bank to another). It seems unlikely to us that you would want to move the data we hold (e.g. your purchase history with us or details of your account transactions) to another organisation but you have the right to ask.
Note also that, under the General Data Protection Regulation (GDPR), if an organisation processing your data detects a breach of data security that could create a high risk to your rights, that organisation may be required to notify you of the breach so you are aware of it. The organisation may also be required to notify the relevant supervisory authority.
4.2 How to exercise your rights
You can exercise your rights in the following ways:
By post, by mailing us at the following address:
Hallo@beneatly.com
Please include your surname, first name, address, and, if possible, your customer reference to accelerate consideration of your request.
We may require proof of identity before fulfilling your request.
We will contact you to acknowledge receipt of your request and we will then answer fully within one month. In some cases, due to the complexity of the request or the number of requests, this period may be extended by 2 months.
4.3 What if you exercise the right of opposition to marketing profiling?
In relation to marketing profiling (selecting you for specific promotions and making product recommendations), you may continue to receive marketing promotions but they will be less relevant to you and no longer be targeted to your interests.
4.4 Withdrawal of consent
Where we are processing your data based on your consent (see section 2 above), you may withdraw your consent at any time by contacting us at the above address or by informing us by phone or by other means we provide (e.g. clicking “unsubscribe” at the bottom of an email).
4.5 What if you are not satisfied with the response you receive from us?
If you try to exercise your rights and we do not reply or you do not think our response is satisfactory, you can complain to the data protection supervisory authority in your country of residence.
5. WILL MY DATA BE SENT OUTSIDE THE EEA?
Personal data may be transmitted for the purposes of processing set out above to companies located in countries outside the European Economic Area (EEA) that do not have an adequate level of protection with regard to personal data protection. The EEA includes the EU member states and also Iceland, Norway and Liechtenstein.
Prior to the transfer outside the EEA, and in accordance with applicable data protection laws, we will implement procedures required to obtain necessary guarantees to secure such transfers.
6. HOW LONG WILL MY DATA BE KEPT?
We have rules covering data retention periods for www.beneatly.com
To calculate the most relevant retention period, we distinguish:
“Prospects”, i.e. persons who have never made a purchase through the above sites
“Customers”, i.e. persons who have made at least one purchase
For prospects, the starting point for the retention period is registration of an account.
For customers, the starting point of the retention period is their last purchase. The retention period for customers’ data may differ depending on whether the customer is a member of a loyalty programme.
For more information on our retention periods, you can contact our Data Protection Officer.
7. WHAT SECURITY MEASURES ARE TAKEN TO PROTECT MY DATA?
As a data “controller” under the EU General Data Protection Regulation (GDPR), we take all measures to preserve the security and confidentiality of data, and in particular to prevent data from being distorted, damaged or unauthorised third parties having access to data.
We have deployed a robust security system to ensure the highest security of data collected and to detect data breaches.
When using sub-contractors, we ensure their compliance with data protection laws.
8. WHAT SHOULD I KNOW ABOUT DATA COLLECTED BY SOCIAL NETWORKS?
We offer you the option to use social networks to improve our commercial relationship and offer you targeted advertising offers through these networks.
If you use social networks to communicate and interact with us (including Facebook Messenger, Facebook Connect, and the Facebook, Instagram or Twitter “share” buttons) it is likely that this will involve a data exchange between Beneatly and the social network.
For example, if you are connected to Facebook on your computer and you visit a page of the Beneatly site, Facebook is likely to collect this information. Likewise, if you click on the “tweet” button on a Beneatly site page, Twitter will collect this information.
We recommend that you consult the personal data management policies of the various social networks you use to know the personal data that may be transmitted and what it will be used for.
9. IS DATA ON MINORS UNDER THE AGE OF 16 COLLECTED?
Persons using this site to browse and make purchases must be [16] years or more
You may have the option (e.g. when creating an account with us) to provide personal data relating to your children. You must ensure that you have authority to do this (e.g. as parent or guardian).
10. MARKETING
10.1. Principles
We use your contact details to send you targeted advertisements by email, post, mobile notification, on social networks or third-party websites. We will comply with the rules applicable to each channel.
10.2. Electronic marketing (by email, SMS & phone)
EU Directive 2002/58/EC of the European Parliament and Council of 12 July 2002 permits electronic marketing (email, SMS, phone) to existing customers for similar products and services without consent as long as the customer is given an easy means to opt-out on each occasion, e.g. by clicking an “unsubscribe” link. Otherwise, your consent is required before retailers can market to you by electronic means.
We seek your consent at various points (e.g. when creating a new account online or online banners asking if you would like to sign up to our newsletters by email).
You are asked to consent to the following:
to receive Beneatly offers by email and SMS
Beneatly will not send you personalised requests by email or SMS if you have not consented to such unless we are allowed to do so under the Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002.
You can opt-out of marketing at any time as follows:
When creating an account, tick/click in the relevant box relating to marketing
For email, by clicking on the “unsubscribe” link provided in each email or by going to the My Account section of our website in the newsletter section
For text messages (SMS) , by following the instructions on the SMS or by going to the My Account section of our website in the newsletter section
By speaking with a customer services adviser
10.3. Email retargeting
After browsing our site, you may receive an email even though you have not provided your email address to us. How is this possible?
We, like many other retailers, use the services of companies that identify internet users who have already visited our website and send them personalized emails.
These companies use cookies to distinguish users and then customize the adverts they receive based on their online browsing history.
Who collected my email address?
This processing involves commercial partners who have already collected your email address from other sources, as well as your consent to authorize the sending of advertising.
11. COOKIES, TAGS & TRACKERS
When using our online services, information relating to the navigation of your device (computer, tablet, smartphone, etc.), may be recorded in “cookies” files placed on your device, subject to any choices you have expressed about cookies. You can set your browser settings to reject cookies but please bear in mind that, if you do this, certain personalized features of our site cannot be provided to you.
11.1 What is a cookie?
The term “cookie” refers to several technologies that make it possible to perform online browsing tracking or behavioral analysis of website users. These technologies are multiple and constantly evolving. There are, in particular, cookies, tags, pixels and Javascript code.
A cookie is a small text file saved by the browser of your computer, tablet or smartphone which keeps limited user data to facilitate browsing and allow certain features, e.g. online shopping baskets and personal recommendations based on what you have viewed.
There are two types of cookies:
first party cookies, by Beneatly for the purposes of browsing and the operation of the site;
third-party cookies from third-party partner companies to identify your interests and send you personalized offers. These third-party cookies are directly managed by the companies that publish them and must also comply with the data protection regulations.
11.2 Why are cookies, tags & trackers used ?
Cookies that we use on our site and mobile applications (apps) allow us:
to establish visitor statistics, volumes and use of the various elements of our services. As such, we use cookies to measure the audience for our site,
to adapt the presentation of our site according to the type of device used (e.g. tablet),
to adapt the presentation of our site according to the preferences of each user,
to memorize information relating to a form that you have filled in on our site (registration or access to your account, subscribed service, contents of your shopping basket, etc.),
to allow you to access reserved and personal areas of our site (e.g. My Account, through login information),
to implement security measures (e.g. when you are asked to log back into your account after a certain period of time),
to share information with advertisers on other websites to offer you relevant advertising in line with your interests. As such, we use advertising cookies,
to share information on social networks. As such, we use cookies to share on these networks.
11.3 How to configure cookies, tags & trackers
Beneatly collects your prior consent to the use of advertising, audience measurement and social network sharing cookies in accordance with data protection law.
At any time, you can express and modify your wishes in terms of cookies, by the means described below.
Configuration of your web browsing software
You can set your web browsing software so that cookies are saved in your device or, on the contrary, are blocked ‒ either systematically or depending on their source. You may also configure your web browsing software so that you are prompted each time to allow or block cookies before a cookie can be saved to your device.
How do you implement your preference based on the browser you use?
To manage cookies and your preferences, each browser is configured in a different way. It is described in your browser’s help menu, which will explain to you how to modify your cookies preferences.
Configuration of your smartphone operating system
You can control the use of cookies on your smartphone in the operating system rules.
12. CHANGES TO THIS NOTICE
If we change or replace this notice, we will notify you by updating our websites.
Version date: February 2022