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1.   Introduction

1.1  General

The website funtoworkwith.com (hereinafter the “Website“) and the Fun to work with platform yourteam.funtoworkwith.com (hereinafter the “Platform“) are provided by Fun to work with (hereinafter “we” and “us“). Any person who visits our Website (hereinafter the “Visitor“) as well as any person who uses our Platform (hereinafter the “ Registered User“) almost inevitably discloses certain personal data. This personal data constitutes information that allows us to identify you as a natural person, whether or not we actually do so. You are identifiable as soon as it is possible to create a direct or indirect link between one or more personal data and you as a natural person. The Visitor and Registered User is also referred to collectively in this privacy statement as “you/your“.

We use and process your personal data in accordance with the General Data Protection Regulation (“GDPR“) and other relevant legal provisions. Any reference in this privacy statement to the GDPR is a reference to the Regulation of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation).

Through this privacy statement, you are informed of the processing activities we may carry out with your personal data.

This Privacy Statement applies when we act as a controller of the processing of personal data of our Website and our Platform, in other words, when we determine the purposes and means of the processing of that personal data.

Please read this privacy statement carefully and make sure you understand it.

1.2.  What is personal data?

Personal data is defined in the GDPR as “any information relating to an identifiable person who can be identified, directly or indirectly”. Personal data, in simpler terms, is any information about you that makes it possible to identify you. Personal data includes obvious information, such as your name and contact details, but also less obvious information, such as identification numbers, electronic location data and other online identifiers.

1.3.  Changes

We may update this privacy statement from time to time by posting a new version on our Website. This may be necessary, for example, if the law changes, or if we change things in a way that affects the protection of personal data. We recommend that you check this page occasionally to ensure that you are happy with any changes to this privacy statement.

2.   Contact details

Our Website and Platform are provided and operated by Fun to work with BV. We are registered in Belgium under registration number 0736.535.549 and our registered office is located at Ajuinlei 1, 9000 GHENT.

You can contact us:

(a) by post, to the postal address set out above;

(b) by telephone, on +32 478 56 43 54; or

(c) by e-mail, using hello@funtoworkwith.com.

3.   What personal data are processed and how are they used?

3.1.  Information processing

Depending on the capacity in which you visit or use our Website and/or Platform, we may collect and process the following personal data.

3.1.1  Visitors

Categories of personal data of Visitors. Processing purposes Legal basis Storage period(*)

Technical data:

  • IP address
  • geographical location
  • browser type and version
  • operating system
  • reference source
  • duration of your visit
  • page views and website navigation paths, as well as information on the timing, frequency and pattern of your use of the service.
The source of the technical data is the use of non-necessary cookies.
The technical data may be processed for the purpose of analysing/improving the use of the Website.
  • Consent
See the Cookiebanner on this Website.
The source of the technical are the use of necessary cookies.
  • Our legitimate interests, so that the Website functions technically in accordance with necessary cookies as referred to in our Cookiebanner.

Testimonial data:
(= the positive received feedback we publish on our website under the section “successtories”)

  • First name;
  • Last name;
  • Company name;
  • Position in the company you work for;
  • Testimonial message.
The source of the testimonial data is the positive feedback on our company that you provide us.
The testimonial data can be processed to promote our services to website visitors.
  • Consent
The data will be retained until you request deletion of the publication. You can withdraw your consent at any time.

Communication data:

  • First name;
  • Surname;
  • Telephone number;
  • E-mail address;
  • Company you work for.
The source of the communication data is the information you provide when contacting us (e.g. when you contact us through e-mail, by phone, social media, etc.)
Communication data may be processed for the purpose of this communication with you and record keeping.
  • Our legitimate interest, to be able to respond to requests, questions or comments.
Personal data will be kept until we think you are satisfied with our response.

Application data:

  • First name;
  • Last name;
  • E-mail address;
  • Telephone number;
  • Message (motivation);
  • Resume.

The source of the application data is the information you provide us when you apply for a job.

The application data may be processed for the purpose of finding a suitable candidate for a job with us.

  • Consent

Application data will be retained for the duration of the concrete application process. These are then deleted, at the latest within 4 weeks, unless we have your consent to retain it for a year longer for future open positions.

You can withdraw your consent at any time.

Meeting data:

  • First name;
  • Last name;
  • E-mail address.

The source of the meeting data is the information you provide us when you schedule a meeting.

The meeting data may be processed for the purpose of organizing the meeting requested by you.

  • Consent
The data will be retained until you request deletion of the publication. You can withdraw your consent at any time.

Event data:

  • First name;
  • Last name;
  • E-mail address;
  • Company you work for;
  • Function;
  • Preferred event date.

The source of the event data is the information you provide us when you subscribe for an event.

The event data may be processed for the purpose of organizing the event requested by you.

  • Consent
The data will be retained until you request deletion of the publication. You can withdraw your consent at any time.


3.1.2 Registered users

Categories of personal data of Registered Users. Processing purposes Legal basis Storage period(*)

Technical data:

  • IP address
  • geographical location
  • browser type and version
  • operating system
  • reference source
  • duration of your visit
  • page views and platform navigation paths, as well as information on the timing, frequency and pattern of your use of the service.

The source of the technical data is the use of non-necessary cookies.

The technical data may be processed for the purpose of analysing/improving the use of the Platform.

  • Consent
See the Cookiebanner on the Platform.
The source of the technical are the use of necessary cookies.
  • Our legitimate interests, so that the Platform functions technically in accordance with necessary cookies as referred to in our Cookiebanner.

Account data:

  • Login details: E-mail address and (pseudonymized) password;
  • Profile details: First name, surname, e-mail address, Company you work for, function in the company, team you belong to, profile picture,
  • Reporting data: the answers to questionnaires and comments specifically filled in by you.

The source of the account data is the information you provide when creating and using your account on our Platform. Certain account data may have been provided to us by your employer for the creation of your account.

Account data may be processed to enable and administer your use of our Platform.

  • Execution of a contract between you and us (Terms of Use of the Platform);
  • At your request, taking steps to enter into such a contract.
The data is stored until termination of the contract.

In addition, we may process your personal data when this is necessary to comply with a legal obligation to which we are subject (such as tax legislation). Without prejudice to the above, we may keep your personal data when this would be necessary for the establishment, exercise or defence of legal claims, whether in legal proceedings or in administrative or extrajudicial proceedings. The legal basis for this processing is our legitimate interests, namely the protection and exercise of our legal rights.

3.2.  Processors

A processor is a natural or legal person who processes personal data at our request or on our behalf. We may sometimes contract with this party to provide certain products and/or services. In other words: We use processors because it is necessary for the provision of services. In this case, we will enter into a written agreement with the processor whereby the security of your personal data is guaranteed by the processor. The processor will always act in accordance with our instructions.

We use the following categories of processors:

  • Companies we have engaged for marketing purposes;
  • Companies we have engaged for ICT technical support and hosting purposes;
  • Companies we have engaged for administrative purposes (e.g. CRM system);
  • Companies we have engaged for analytical purposes;

4.   Provision of your personal data to third parties

We will not share your personal data with third parties (other than processors) for any purpose, subject to the following exceptions.

In some circumstances, we may be legally obliged to share certain personal data, including yours, if we are involved in legal proceedings or in order to comply with legal obligations, a court order or the instructions of a government authority.

When you use our Platform as a Registered User, some of the account data you provide on the Platform will be accessible to other Registered Users:

  • In the “Reality check” section, team members (other “Registered Users”) can see the answers and comments of each other’s completed daily checks. The leader as well (also a “Registered User”) can see those results;
  • The leader can only see the anonymous answers of Registered Users to the “Leadership” and “Climate” questionnaire;
  • Other Registered Users (belonging to the same team) can also see the calculated average results of the whole team in the sections “Business performance”, “Climate” and “Leadership”.

The legal basis for this data processing is the execution of a contract (the Terms of Use of the Platform) between you and us.

5.   International transfer (outside EEA) of your personal data

We may store or transfer some or all of your personal data in countries that are not part of the European Economic Area (the “EEA” consists of all EU member states plus Norway, Iceland and Liechtenstein). These are known as “third countries” and may have weaker data protection laws than those in the EEA. This means that we take extra steps to ensure that your personal data is treated as safely and securely as it is in the EEA.

We will only transfer your personal data to countries that the European Commission deems to offer an adequate level of protection of personal data. Further information is available from the European Commission.

We use specific contracts with external third parties approved by the European Commission (also known as Standard Contractual Clauses: SCC) for the transfer of personal data to third countries. The SCCs guarantee the same level of protection of personal data as would apply under the GDPR. In addition, additional measures are taken to protect your data from unauthorised access. More information is available from the European Commission.

6.   Your rights

Some rights are complex and not all details are included here. Please therefore read the relevant provisions and guidelines of supervisory authorities for a full explanation of these rights.

You can exercise your rights in relation to your personal data by notifying us in writing at hello@funtoworkwith.com.

We will respond to your request within one month of receipt. We will normally aim to provide a full response within that time. However, in some cases, particularly if your request is more complex, more time may be required, up to a maximum of three months from the date we receive your request. You will be kept fully informed of our progress.

6.1.  The right to inspection

You have the right to confirm whether or not we are processing your personal data and, where we are doing so, to have access to the personal data, together with certain additional information. This additional information includes details on the purpose of the processing, the categories of personal data concerned and the recipients of the personal data. Provided that the rights and freedoms of others are not affected, we will provide you with a copy of your personal data. The first copy will be provided free of charge, but additional copies may be provided for a reasonable fee.

6.2.  The right of rectification

You have the right to have inaccurate personal data about you corrected and, taking into account the purposes of the processing, incomplete personal data about you completed.

6.3.   The right to erasure (‘right to be forgotten’)

In some cases, you have the right to have your personal data deleted without undue delay. These circumstances include:

  • the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed;
  • You withdraw your consent to a processing based on consent;
  • You object to the processing according to certain rules of the applicable data protection law (the GDPR);
  • the processing is for direct marketing purposes; and
  • personal data has been unlawfully processed ;
  • the personal data must be deleted in order to comply with a legal obligation incumbent upon us.

However, there are exclusions from the right to erasure. The general exclusions include where processing is necessary:

  • for the exercise of the right to freedom of expression and information;
  • for compliance with a legal obligation incumbent upon us; or
  • for the establishment, exercise or defence of legal claims.

6.4.  The right to restrict processing

In some cases, you have the right to restrict the processing of your personal data. These circumstances are: you dispute the accuracy of the personal data; the processing is unlawful, but you oppose its erasure; we no longer need the personal data for our processing, but you need the personal data for the establishment, exercise or defence of legal claims; and you have objected to the processing, pending verification of that objection.

If processing is restricted on this basis, we may continue to store your personal data. However, we will only process them in other ways: with your consent; for the establishment, exercise or defence of legal claims; for the protection of the rights of another natural or legal person; or for important reasons of public interest.

6.5.  The right to object to the processing

You have the right to object to our processing of your personal data for reasons relating to your particular situation, but only insofar as the legal basis for the processing is that it is necessary for the purposes of the legitimate interests pursued by us or by a third party. If you raise such an objection, we will cease processing the personal data unless we can demonstrate that there are compelling legitimate grounds for the processing which override your interests, rights and freedoms, or that the processing is for the establishment, exercise or defence of legal claims.

In addition, you have the right to object to our processing your personal data for direct marketing purposes (including profiling for direct marketing purposes). If you object, we will cease processing your personal data for this purpose.

Furthermore, you have the right to object to our processing your personal data for scientific or historical research purposes or statistical purposes on grounds relating to your particular situation, unless the processing is necessary for the performance of a task carried out in the public interest.

6.6.  The right to data portability

Insofar as the legal basis for our processing of your personal data is based on:

(a) consent;

(b) processing is necessary for the performance of a contract to which you are a party or in order to take steps at your request prior to entering into a contract; or

(c) such processing is carried out automatically,

you have the right to receive your personal data from us in a structured, commonly used and machine-readable format. However, this right does not apply when the rights and freedoms of others would be affected.

6.7.  The right to lodge a complaint with a supervisory authority

If you believe that our processing of your personal data is in breach of the General Data Protection Regulation (GPA), you have the right to lodge a complaint with a supervisory authority responsible for data protection. In Belgium, the supervisory authority is the Data Protection Authority/Gegevensbeschermingsautoriteit (GBA). Data subjects from other Member States have the right to lodge a complaint with their own national supervisory authority. For an overview of the contact details of these authorities, click on this link.

Data Protection Authority/Gegevensbeschermingsautoriteit (GBA)

Rue de la Presse 35, 1000 Brussels

+32 (0)2 274 48 00

contact@apd-gba.be

https://www.gegevensbeschermingsautoriteit.be

6.8.  The right to withdraw your consent

Insofar as the legal basis for our processing of your personal data is consent, you have the right to withdraw such consent at any time. Withdrawal does not affect the lawfulness of the processing prior to the withdrawal.