GENERAL CONDITIONS OF USE OF THE WEBSITE
Welcome to the EXKi website that enables you (i) to learn about who we are and our range of products and services, (ii) to provide feedback thereon, and (iii) to place your orders online.
By accessing and/or using this website (hereafter referred to as « the Site »), you agree to comply with and be bound by the following general conditions of use and where appropriate the other conditions and regulations found on the Site. The use of the Site, and more specifically your prerequisite registration for online ordering, confirms your acknowledgement and acceptance of the conditions of use. These conditions are subject to change and we ask you therefore to regularly check their content to take knowledge of any changes made. Unless otherwise indicated, these changes will take effect as soon as they are posted on the Site.
Should you disagree with any of these conditions, you must not use the Site or any of the associated services.
Website Editor. The Site is managed by EXKi SA, whose registered office is located at 1050 Ixelles, Place du Champ de Mars 2, and business number is 0472.429.986.
Disclaimer – Website Content. The Site aims primarily to introduce EXKi and its products and services.
EXKI strives to ensure that the content of the Site remains accurate and up-to-date at all times. However, EXKi does not guarantee the accuracy, reliability, suitability, completeness or timeliness of the Site content. EXKi cannot therefore be held liable for any typographical or other errors or inaccuracies found in the Site content.
Equally, and subject to any contrary and mandatory provisions of the law that may apply to you as consumer, EXKi shall not in any event be liable for any loss, direct or indirect, resulting from access to and/or use of this Site or its content, including but not limited to, the loss of data, for whatever reason, even when EXKi has been advised of the possibility of such a loss.
Equally, EXKi shall not be liable for any damages resulting from a serious error it may have committed. You agree to indemnify and hold EXKi, and its representatives, agents and employees, harmless from any demands or claims, including reasonable lawyers’ fees, made against EXKi by a third party, caused by or resulting from any failure on your behalf to comply with these general conditions of use or any document referred to therein, or any violation on your part of any laws or rights of these third parties.
General conditions of use of the Site. You agree not to collect or obtain any personal data from any other user of the Site or any associated service, without obtaining prior consent from the user. You are also strictly forbidden to download or reuse any major portions of the Site, or to download or reuse systematically or regularly any less significant portions of the Site. You are also forbidden to spread viruses or use any technology that could prejudice the good working of the Site or the interests of its other users.
Specific conditions relating to the services offered on the Site. Only users who have properly registered on the Site are able to order products and services on the Site in accordance with the available means selected when placing the order. In this regard, we refer to our general conditions of sale.
As a consumer of goods and/or services made to your specifications, you recognize and accept that once an order is placed, it cannot be cancelled, and this in accordance with Article 16 (d) of the European Directive 2011/83/UE of 25 October 2011 regarding consumer rights and Article VI.53 of the Code of Economic Law.
Functioning of this Site. Despite the steps taken by EXKi to ensure the best possible functioning of this Site, EXKi cannot provide any guarantee concerning the access, content, availability or good working of this Site and shall not be held liable for any action or inaction by other users, any interruption in the availability or defect in the working of the Site, regarding its security in particular, whatever the cause, as this may arise from a number of factors outside of EXKi’s control.
Moreover, EXKi reserves the right, at any time and without reason, to suspend or terminate the operation of the Site.
In the event of a dispute relating to electronic communications involved in the use of this Site (such as for communicating with this Site, etc.), EXKi technical data shall be deemed of greater probative value.
Intellectual property rights. This Site and its content, including but not limited to, products (whether personalized or not), texts, graphics, photographs, videos, sounds, logos and icons, are protected by copyright and/or other intellectual property rights (trademarks, databases, etc.) and must not be copied, reproduced, distributed, used, adapted and/or translated, either in part or in their entirety, without prior written consent from EXKi and/or the owner of the right in question. Any use hereof contrary to these conditions is expressly prohibited.
Hyperlinks to third party websites. Links to other websites from our Site are not controlled by EXKi and EXKi shall not be held liable for any illegal content on these websites or for any links they contain to other websites. The presence of links to other websites from this Site does not imply any endorsement or quality guarantee by EXKi.
Commitment to privacy. Any personal data collected by EXKi, particularly during your registration as user of the Site, shall not be disclosed to any third parties for marketing purposes without your prior consent. Such information will be used solely in accordance with the General Data Protection Regulation. Furthermore, this information is stored and processed on servers in Europe that are controlled by EXKi to ensure the highest physical and technological level of data security. We ask you not to use EXKi services and its Site if you do not agree with the General Data Protection Regulation.
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Governing law and jurisdiction. This Site, its operation and use, are governed by Belgian law, except regarding rules of conflicts of law. Subject to any mandatory regulations to the contrary, the French-speaking courts of Brussels have sole jurisdiction over any dispute related to the access and/or use of this Site. Information on alternative regulations regarding disputes can be obtained via http://ec.europa.eu/odr/
Should you have any questions regarding these conditions of use or the General Data Protection Regulation, please contact EXKi by email (privacy@EXKi.com), or by post to EXKi SA, chaussée d’Ixelles 12, 1050 Brussels.
NOTICE TO CUSTOMERS REGARDING PRIVACY AND DATA PROTECTION
EXKI S.A., of which the registered office is located at 1050 Ixelles, chaussée d’Ixelles 12, and business number is 0472.429.986, acting as data controller, handles and uses personal data relating to its customers (hereafter referred to as « Customers »), in accordance with applicable data protection regulations, in particular the European Regulation 2016/679 of 27 April 2016 known as the General Data Protection Regulation (hereafter referred to as the « GDPR »).
This notice regarding privacy and data protection aims to explain why and how EXKi collects personal data on its Customers (hereafter referred to as « Customer Data »), how it protects the data and for how long it is stored. This notice is served without prejudice to any specific provisions contained in other documents.
1 Why does EXKI process Customer Data?
EXKI stores and processes Customer Data, electronically or otherwise, for administrative, marketing and customer management purposes, including but not limited to: handling and responding to all communications or to requests or enquiries from Customers (including via the website) or following an initial contact with EXKi; processing information on actual or potential online sales of EXKi products and/or services and sending account statements and invoices to Customers; providing Customers with information letters or other marketing communications; conducting customer surveys or marketing research to improve EXKi products and/or services; and resolving conflicts.
2 What are the legal grounds for the processing of Customer Data?
Customer Data is processed on the basis of one or more of the following legal grounds:
• Concluding and managing the execution of a sales contract or other contract with a Customer, including the invoicing process,
• Compliance with all applicable legal requirements (for example, regarding tax administration, etc.),
• Furthering the legitimate interests of EXKi and/or a third party that EXKi believes will also benefit the Customers, including but not limited to, direct marketing or data analysis,
• Obtaining Customer consent (for example, to respond to a customer satisfaction survey). The Customer may withdraw their consent at any time, although such a withdrawal will not affect the legality of the processing that has taken place before the withdrawal of consent.
3 What categories of Customer Data are processed?
Customer Data comprises all personal information related to an identified or identifiable legal person.
For the above-mentioned purposes, the processing of personal data may include the following categories:
• Personal identification data, such as name and address,
• Electronic identification data, such as email address and telephone number,
• Personal details, such as date of birth, language, nationality and gender,
• Consumer behaviours (order volumes, sales history, etc.),
• Event participation (including family members),
• Survey data.
4 From where is the Customer Data collected?
When a Customer contacts EXKi, the initial data is generally collected from the Customer directly or indirectly following their visit to our website (for example, via cookies). EXKi may also contact a Customer for promotional purposes when the initial data has not been obtained directly from them but from other people who have transmitted the data to EXKi. As part of their relationship with EXKI, the Customer will provide EXKi with additional information (for example, information required for the purchase order). If the Customer does not provide EXKi with the information required by law or contract, EXKi has the right to refuse to accept any requests or orders made by the Customer. Equally, if the Customer does not provide other information, they will not be able to benefit from any associated advantages. For example, if a Customer does not wish to share their email address with EXKi, they will not receive any electronic information letters from EXKi.
EXKI may also receive Customer related information from other customers, suppliers or, more generally, from other people with whom the Customer has exchanged data regarding their relationship with EXKi.
5 Who has access to Customer Data?
For the above-mentioned purposes, personal data may be disclosed to, and even processed by:
• The Customers themselves,
• EXKi employees who need to know relevant personal data,
• Individuals and legal entities who are in direct contact with EXKi, such as subsidiaries or franchisees,
• Public authorities in accordance with relevant regulations, such as tax authorities,
• Service providers (for example, for website maintenance, assistance with marketing campaigns, etc.) and other professional advisors to EXKi who need to know the information.
6 Is the Customer Data transferred outside of the country of residence?
This data is generally stored in Belgium, but we may transfer certain Customer Data abroad but always in connection with the management of our activities. In the event of the transfer of data outside the European Union, EXKi will have put in place the relevant guarantees in accordance with the GDPR.
7 For how long is the Customer Data stored?
Customer Data is stored no longer than necessary for the above-mentioned purposes.
Data that is transferred relating to customer feedback or enquiries is stored for 1 month after we have responded.
Data that is transferred indirectly by our system is stored for 1 month after the visit to the website.
Data that is transferred relating to online ordering via our website is stored for 12 months.
Other Customer Data is stored when EXKi has a legal responsibility for which the use of Customer Data is appropriate, in accordance with the applicable retention periods and legal requirements for data retention.
8 How is Customer Data protected?
EXKI makes every possible effort to store and protect Customer Data against loss, disclosure or unauthorized access.
9 What are the rights of the individual and who can they contact?
Individuals whose personal data is collected and processed as Customer Data have the right to contact EXKi at any time, as long as they have sufficient proof of identity, if they wish to:
• Access, amend or delete their personal data,
• Restrict or oppose the processing of their personal data (for example, for direct marketing purposes),
• Receive the data they have supplied in a structured, currently used format that is readable by machine, and transfer it to another data controller, providing it has been processed with their consent and/or for the execution of a contract,
• Receive additional information on the guarantees in the event of international transfer of data,
• Lodge a complaint with the Belgian Data Protection Authority or other EU data protection authority, if they believe that EXKi has not acted in accordance with applicable data protection regulations.
Should you require further information on these rights, please contact EXKI:
• By email (privacy@EXKi.com), or
• By post (EXKi SA, chaussée d’Ixelles 12, 1050 Brussels)
EXKI may modify this privacy and data protection notice at any time as required, in particular when it needs to align with changes to the regulations or meet new requirements of data protection authorities.
Last updated: 25/05/2018