Privacy policy

 

1. Parties and subject

CM-ECREATE (hereafter "MILKYWAYSBLUEYES" or the "Data Controller" or the "Controller")
402 avenue de Tervueren, 1150 Woluwe Saint PIERRE
BCE / TVA : BE 0666 930?329
E-Mail : [email protected]
Phone : /

MILKYWAYSBLUEYES establishes this Privacy Policy, the purpose of which is to transparently inform Users of the website hosted at the following address: www.milkywaysblueyes.com, (hereinafter the "Website"), of the manner in which personal data is collected and processed by MILKYWAYSBLUEYES.

The term "User" refers to any user, whether a natural or legal person, who visits or interacts in any way with the Site.

In this respect, MILKYWAYSBLUEYES determines all the technical, legal and organisational means and purposes of processing Users' personal data. To this end, MILKYWAYSBLUEYES undertakes to take all necessary measures to ensure the processing of personal data in accordance with the Law of 30 July 2018 on the protection of individuals with regard to the processing of personal data (hereinafter, "the Law") and the European Regulation of 26 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (hereinafter, "the Regulation").

MILKYWAYSBLUEYES is free to choose any natural or legal person who processes Users' personal data at its request and on its behalf (hereinafter the " Subcontractor "). Where applicable, MILKYWAYSBLUEYES undertakes to select a Subcontractor offering sufficient guarantees as to the technical and organisational security measures for the processing of personal data, with regard to the Law and the Regulation.

2. Processing of personal data

The use of the Website by Users may result in the communication of personal data. The processing of such data by MILKYWAYSBLUEYES, in its capacity as Data Controller, or by service providers acting in the name and on behalf of MILKYWAYSBLUEYES, shall be in accordance with the Law and the Regulation. Personal data will be processed by MILKYWAYSBLUEYES, in accordance with the purposes set out below, via :

  • the use of cookies
  • a voluntary subscription to the newsletter
  • by means of a comment

3. Purpose of the processing of personal data

In accordance with Article 13 of the Regulation, the purposes of processing personal data are communicated to the User and are as follows :

  • To allow better identification of the User's interests
  • To improve the quality of the Site and the products and/or services offered by the Data Controller
  • To respond to the User To carry out marketing activities and promotional information after prior consent from the User and until the consent is revoked

4. Personal data eligible for processing

The User consents, when visiting and using the Website, that MILKYWAYSBLUEYES collects and processes, in accordance with the terms and principles described in this Privacy Policy, the following personal data:

  • With regard to users' visits to the site, the information automatically collected is the IP address, the type and model of browser, the time zone, the operating system
  • Information from Users who fill in contact forms, in particular to leave a comment.

5. Consent

By accessing and using the Site, the User declares that he/she is aware of and agrees to the processing of his/her personal data in a free, specific, informed and unequivocal manner. This agreement relates to the content of this Privacy Policy.

Consent is given by the positive act by which the User has ticked the box offering the Privacy Policy as a hyperlink. This consent is an indispensable condition for carrying out certain operations on the Website or for allowing the User to enter into a contractual relationship with MILKYWAYSBLUEYES. Any contract between MILKYWAYSBLUEYES and a User relating to the services and goods offered on the Website is subject to the User's acceptance of the Privacy Policy.

The User consents to the Data Controller processing and collecting, in accordance with the terms and principles included in this Privacy Policy, his/her personal data that he/she communicates on the Website or on the occasion of the services offered by MILKYWAYSBLUEYES, for the purposes indicated above.

The User has the right to withdraw consent at any time. Withdrawal of consent shall not affect the lawfulness of processing based on the consent previously given.

6. Duration of retention of Users' personal data

In accordance with Article 13 §2 of the Regulation and of the Law, the Controller shall keep personal data only for as long as is reasonably necessary for the purposes for which they are processed

This period is in any case less than : 30 days

7. Recipients of data and disclosure to third parties

Personal data may be passed on to MILKYWAYSBLUEYES' employees, collaborators, subcontractors or suppliers who offer adequate data security guarantees and who collaborate with MILKYWAYSBLUEYES in the context of marketing products or providing services. They act under the direct authority of MILKYWAYSBLUEYES, and are in particular responsible for collecting, processing or subcontracting such data.

In all cases, the recipients of the data and those to whom the data has been disclosed shall comply with the contents of this Privacy Policy. MILKYWAYSBLUEYES assures that they will process such data only for the purposes intended, in a discreet and secure manner.

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 express his/her consent to the use of this personal data.

8. Users' rights

At any time, the User may exercise his rights by sending a message by e-mail to the following address: [email protected], or a letter by post addressed, enclosing a copy of his identity card to the following address: 402 avenue de Tervueren, 1150 Woluwe Saint PIERRE

a. Access rights

In accordance with Article 15 of the Regulation, MILKYWAYSBLUEYES guarantees the User's right of access to his/her personal data. The User has the right to obtain access to said personal data as well as the following information:

  • the purposes of the processing ;
  • the categories of personal data concerned;
  • the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients established in third countries or international organisations;
  • where possible, the period for which the personal data are to be kept or, where this is not possible, the criteria used to determine that period
  • the existence of automated decision-making, including profiling, as referred to in Article 22 §1 and §4 of the Regulation, and, at least in such cases, relevant information concerning the underlying logic and the significance and intended consequences of such processing for the data subject

The Data Controller may charge a reasonable fee based on administrative costs for any additional copies requested by the User.

Where the User submits such a request electronically (e.g. via the e-mail address), the information is 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 receipt of the request.

b. Right of rectification

MILKYWAYSBLUEYES guarantees the User's right to rectify and delete personal data.

In accordance with Article 16 of the Regulation, incorrect, inaccurate or irrelevant data can be corrected or deleted at any time. The User shall first make the necessary changes himself/herself from his/her user/other account, unless these cannot be made independently, in which case the request can be made to MILKYWAYSBLUEYES.

In accordance with Article 19 of the Regulation, the Data Controller shall notify each recipient to whom personal data have been disclosed of any rectification of the personal data, unless such disclosure proves impossible or would require disproportionate effort. The Data Controller shall provide the data subject with information about such recipients on request.

c. Right to deletion

The User has the right to obtain the erasure of his/her personal data as soon as possible in the cases listed in Article 17 of the Regulation.

Where the Controller has made the personal data public and is required to erase them pursuant to the preceding paragraph, the Controller shall, taking into account the available technology and the costs of implementation, take reasonable steps, including technical steps, to inform the other controllers processing such personal data that the data subject has requested the erasure by such controllers of any link to, or any copy or reproduction of, such personal data.

The two preceding paragraphs shall not apply to the extent that such processing is necessary:

  • to exercise the right to freedom of expression and information;
  • to comply with a legal obligation requiring the processing laid down by Union law or by the law of the Member State to which the controller is subject, or to perform a task carried out in the public interest or in the exercise of official authority vested in the Data Controller
  • for the establishment, exercise or defence of legal claims.

In accordance with Article 19 of the Regulation, the controller shall notify each recipient to whom personal data have been disclosed of any erasure of personal data or restriction of processing carried out, unless such disclosure proves impossible or would require disproportionate effort. The data controller shall provide the data subject with information about such recipients on request.

d. Right to restrict processing

The User has the right to obtain the restriction of the processing of his/her personal data in the cases listed in Article 19 of the Regulation.

In accordance with Article 19 of the Regulation, the Controller shall notify each recipient to whom personal data have been disclosed of any restriction on processing, unless such disclosure proves impossible or would require disproportionate effort. The data controller shall provide the data subject with information about such recipients on request.

e. Data portability rights

In accordance with Article 20 of the Regulation, Users have the right to receive from MILKYWAYSBLUEYES personal data concerning them in a structured, commonly used and machine-readable format. Users have the right to transmit such data to another Data Controller without MILKYWAYSBLUEYES being prevented from doing so in the cases provided for in the Regulations.

When the User exercises her/his right to data portability pursuant to the previous paragraph, she/he has the right to have the personal data transmitted directly from one data controller to another, where technically possible.

The exercise of the right to data portability is without prejudice to the right to erasure. This right shall not apply to processing necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in
the data controller.

The right to data portability shall not affect the rights and freedoms of third parties.

f. Right of objection and automated individual decision making

The User has the right at any time to object to the processing of his/her personal data due to his/her particular situation, including the automation of the data by MILKYWAYSBLUEYES. In accordance with Article 21 of the Regulation, MILKYWAYSBLUEYES will no longer process personal data unless there are compelling legitimate grounds for the processing which override the interests and rights and freedoms of the User, or for the establishment, exercise or defence of legal claims.

Where personal data are processed for the purpose of marketing, the User has the right to object at any time to the processing of personal data concerning him or her for such marketing purposes, including profiling insofar as it is related to such marketing.

Where the data subject objects to the processing for marketing purposes, the personal data shall no longer be processed for such purposes.

g. Right of complaint

The User has the right to lodge a complaint concerning the processing of his/her personal data by MILKYWAYSBLUEYES with the Data Protection Authority, competent for the Belgian territory. Further information can be found on the website: https://www.dataprotectionauthority.be/

Complaints can be submitted to the following addresses:

Data Protection Authority
Rue de la Presse 35, 1000 Bruxelles
Tél. + 32 2 274 48 00
Fax. + 32 2 274 48 35
E-mail: [email protected]

The User may also lodge a complaint with the court of first instance in his place of residence.

9. Cookies

The Site uses cookies to distinguish between Users of the Site. This allows us to provide Users with a better browsing experience and to improve the Site and its content. The purposes and terms of cookies are contained in this section.

a. General principles

A "Cookie" is a file deposited temporarily or permanently on the User's hard disk when consulting the Website, with a view to a subsequent connection. Thanks to cookies, the server recognises the User's computer. Cookies may also be installed by third parties with whom MILKYWAYSBLUEYES collaborates.

Some of the cookies used by MILKYWAYSBLUEYES are necessary for the proper functioning of the Website, while others are used to improve the User's experience

The User may personalise or deactivate cookies by configuring his/her browser.

By using the Website, the User expressly agrees to the management of cookies as described in this article.

b. Type of cookies and purpose of use

Different types of cookies are used by MILKYWAYSBLUEYES on the Website:

  • Technical cookies: these are necessary for the operation of the Website, allow the communication of data entered and are intended to facilitate the User's navigation;
  • Statistical and audience measurement cookies: these cookies allow the recognition of the User and are used to count the number of Users of the Website over a certain period. Since they also indicate browsing behaviour, they are an effective means of improving the User's browsing experience by displaying proposals and offers likely to interest him/her. They also allow MILKYWAYSBLUEYES to identify possible bugs on the Website and to correct them.
  • Functional cookies: these cookies facilitate the use of the Website by retaining certain choices entered (for example, user name or language);
  • Tracking cookies: MILKYWAYSBLUEYES uses tracking cookies via Google Analytics, to measure Users' interaction with the content of the Website and to produce anonymous statistics. These statistics enable MILKYWAYSBLUEYES to improve the Website. Google provides an explanation of these cookies at the following address: https://www.google.nl/intl/en_uk/policies/privacy/

c. Retention period for cookies

Cookies are kept for the time necessary to achieve the purpose for which they are intended. The cookies likely to be stored on the User's hard disk and their retention period are as follows :

for the duration of the session


d. Cookie management

If the User does not want the Website to place cookies on his/her hard drive, he/she can easily manage or delete them by modifying his/her browser settings. Browser programming also allows the User to receive a notice or notification when a Website is using cookies and to decide whether to accept or reject them.

If the User disables certain cookies, the User accepts that the Website may not function optimally. Some parts of the Website may not be usable, or may be partially usable.

If the User wishes to manage and/or delete certain cookies, he/she can do so by using the following link(s):

For Users with the browser :

If the User does not want Google Analytics cookies to be used, he/she is invited to set his/her browser to this effect on the following website: http://tools.google.com/dlpage/gaoptout.

10. Limitation of liability of the data controller

The Website may contain links to other websites owned by third parties not related to MILKYWAYSBLUEYES. MILKYWAYSBLUEYES is not responsible for the content of these websites and their compliance with the Law and Regulations.

The holder of parental authority must give his or her express consent for a minor under the age of 16 to disclose personal information or data on the website. MILKYWAYSBLUEYES strongly advises persons exercising parental authority over minors to promote responsible and secure use of the Internet. The Data Controller shall not be held liable for collecting and processing information and personal data from minors under the age of 16 whose consent is not effectively covered by that of their legal parents or for incorrect data - particularly regarding age - entered by minors. Under no circumstances will personal data be processed by the Data Controller if the User specifies that he/she is under the age of 16.

MILKYWAYSBLUEYES is not responsible for the loss, corruption or theft of personal data caused by the presence of viruses or following computer attacks.

11. Security

The Data Controller implements organisational and technical measures to guarantee an appropriate level of security for the processing and collection of data. These security measures depend on the costs of implementation with regard to the nature, context and purposes of the processing of personal data.

The Data Controller uses industry standard encryption technologies when transferring or collecting data on the Site.

12. Modification of the Privacy Policy

MILKYWAYSBLUEYES reserves the right to modify this Privacy Policy in order to comply with legal requirements. The User is therefore advised to regularly review the Privacy Policy for any changes and adaptations. Any such modification will be posted on the Site or sent by e-mail for the purpose of enforceability.

13. Applicable law and competent jurisdiction

This Privacy Policy is governed exclusively by Belgian law. Any dispute shall be brought before the courts of the judicial district of the registered office of MILKYWAYSBLUEYES.

14. Contact

For any questions or complaints relating to this Privacy Policy, the User may contact the Data Controller via the following address: [email protected]