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Privacy Policy

The present Privacy Statement (hereinafter the “Privacy Statement”) can be found on www.bykelsha.com (hereinafter the “Website”).  The Website is provided by By Kelsha (hereinafter: “By Kelsha” or “we”)

1. Why this Privacy Statement?

By Kelsha greatly values the protection of your privacy and Personal Data. We only use and process your Personal Data in accordance with the Data Protections Laws and other applicable regulations. Every reference in this Privacy Statement to the ‘Data Protection Laws’ is a reference to the Dutch Personal Data Protection Act of 6 July 2000 and the General Data Protection Regulation of 27 April 2016, regarding to the Processing of Personal Data and on the Free Movement of such Data.

With this Privacy Statement, By Kelsha wants to point out to the person concerned, namely the natural person whose data is being processed and who can directly or indirectly be identified (hereinafter the “User”), any possible processing operations of Personal Data and the rights of the User. By using our Website, the User implicitly agrees to the possible collecting and processing of Personal Data.

 

Our Privacy Policy may be subject to future amendment or modification. Any such changes will be clearly indicated in the Privacy Policy. It is up to you to consult this document regularly. Every substantial change will be clearly communicated at all times.

 

2. Who is responsible for the processing of Personal Data?

By Kelsha is the controller and decides alone or in cooperation with others, which Personal Data are being collected, the goal and the means for the processing of those Personal Data.

 

In order to fulfil the Sales Contract, By Kelsha works together with third parties. These third parties process the Personal Data on behalf of By Kelsha who gives clear instructions for this purpose.

 

3. Which Personal Data are being processed?

By Kelsha commits to only collecting and processing the Personal Data that are useful and necessary for the goals for which they are being processed. A non-exhaustive list of Personal Data that might be processed can be found here:

  • Your name and surname
  • Your address details
  • Your e-mail address
  • Your age
  • Your sex
  • Your IP-address

4. For which purposes are my Personal Data being used?

By Kelsha collects your Personal Data to be able to offer every User of our Website a safe, optimized and personal user experience. The collection of Personal Data will become more extensive the more intensive the User uses the Website and our online service.

 

Data processing is essential for the operation of the Website and the relating services. Processing happens solely for the following specific purposes:

  • To allow the User access to his/her user profile which can be used to make purchases in our webshop;
  • To offer and improve a general and personalized service: including billing purposes, providing information, newsletters and offers that are useful and/or necessary for the User, obtaining user reviews and providing support;
  • To offer and improve delivered goods: personally oriented and specific products on the basis of delivered goods and data;
  • To detect and protect against fraud, mistakes and/or criminal behaviours; and
  • Marketing purposes. 

When visiting the Website of By Kelsha, some data are being collected for statistical purposes. Such data is necessary to optimize the use of our Website. These data are: IP-address, probable location of consultation, hour and day of the consultation and the pages that are being consulted. When you visit the Website you agree with the collection of these data for statistical purposes.

The User always provides his/her Personal Data to By Kelsha and thus retains some control. If some data are incomplete or seemingly incorrect, By Kelsha retains the right to postpone certain expected actions temporarily or permanently.

 

The Personal Data are primarily processed for internal use within By Kelsha. We can assure you that Personal Data won’t be sold, passed on or communicated to any third parties connected to us unless this is required for the performance of the Sales Contract. By Kelsha has taken every legal and technical precaution to avoid unauthorized access to and use of the data.

 

5. We also use cookies

During a visit to our Website, cookies can be placed on the hard drive of your device and this solely to better match the needs of the returning visitor. Cookies help us optimize your visit to the Website, remember technical choices (for example, language choices, newsletters, etc.), and to show you more relevant services and offers.

 

For a proper consultation of the Website, we advise you to accept our cookies. Of course you are free to disable cookies in your Internet web browser.

 

6. What are my rights?

6.1 Guarantee of a legitimate and secure process of your Personal Data

By Kelsha always processes your Personal Data in an honest and fair manner. This includes the following guarantees:

  • Your Personal Data are only collected and processed according to the described and justified purposes of this Privacy Statement;
  • Your Personal Data are only collected and processed to the extent that this is sufficient, reasonable and not excessive;
  • Your Personal Data are only stored as long as necessary for the performance of the Sales Contract or at least for as long as you don’t delete your user profile.

The risks of an accidental or unlawful destruction, accidental loss, modification of or access to every other not allowed process is reduced to a minimum. In the event of a break-in in the informatics system, By Kelsha will immediately take every possible measure to limit the damages to a minimum.

 

6.2 Right to inspect, rectification and erasure of your Personal Data

If you can prove your identity, you are holder of the right to get a definitive answer from By Kelsha about whether or not your Personal Data is being processed. When By Kelsha processes your Personal Data, you have the right to inspect your Personal Data. You have the right to receive information about the purposes of the processing, the categories of Personal Data that are being processed, the recipients of the Personal Data, the criteria to determine the time period during which your Personal Data will be stored and the rights you can exercise in accordance with the Data Protection Laws. If you wish to use your right to inspect, By Kelsha will comply within one (1) month after the receipt of an application. The request takes place through the Contact Form

 

Inaccurate or incomplete Personal Data can always be rectified or erased. It is up to the User to edit inaccuracies in the User profile. You can exercise your right to rectify by providing an additional declaration to By Kelsha. By Kelsha will comply with this declaration within one (1) month after the receipt of the additional declaration. However, it is possible that the deleted Personal Data will still be temporarily stored, without it being visible to the User.

 

You have the right to let your Personal Data be erased by us without any unreasonable delay. You can always exercise this right in the below mentioned cases:

  • When your Personal Data are no longer needed for the purposes for what they have been collected or processed;
  • When you revoke your permission and there is no longer any other legal ground for the processing;
  • When the processing is objected and there are no longer any prevailing and compelling justified grounds for the processing;
  • When the Personal Data are unlawfully processed;
  • When your Personal Data have to be erased in accordance with a legal obligation.

It is up to By Kelsha to examine the presence of one of these abovementioned cases.

 

6.3 Right to limitation and objection against the processing of your Personal Data

You have the right to limit the processing of your Personal Data:

  • During the period that By Kelsha needs to control the accuracy of the Personal Data, in the case of an objection; or
  • When the processing of Personal Data is unlawful and you request a limitation of the processing instead of the erasure of the Personal Data; or
  • When By Kelsha no longer needs your Personal Data for the purposes of processing, but you need the Personal Data for a legal action; or
  • During the period that By Kelsha needs to assess the presence of grounds for the erasure of Personal Data.

Moreover, you have the right to object against the processing of your Personal Data at all times because of specific, personal reasons. By Kelsha will then cease the processing of your Personal Data, unless By Kelsha can submit compelling justified grounds for the processing of your Personal Data that are more imperative than your right to objection.

 

 If you wish to exercise your right, By Kelsha will comply within one (1) month after the reception of the application. The application can take place through the Contact Form.

 

6.4 Right to data portability

You have the right to receive the provided Personal Data in a structured, prevailing, and machine-readable form. You also have the right to transfer these Personal Data to another controller when the processing of your Personal Data exclusively relies on your permission.

If you wish to exercise your right, By Kelsha will comply within one (1) month after the reception of the application. The application can take place through the Contact Form.

 

6.5 Right to retract my permission and the right to file a complaint

You have the right to retract your permission at all times. Retracting the permission does not alter the legitimacy of the processing based on the permission prior to the retraction thereof. If you wish to exercise your right, By Kelsha will comply within one (1) month after the reception of the application. The application can take place through the Contact Form.

 

In the unlikely event that we cannot come to an agreement, you have the right to file a complaint concerning the processing of your Personal Data by By Kelsha at the Dutch Data Protection Authority or to start a legal action.