This privacy policy (“Privacy Policy”) is applicable to all processing activities of KADONATION (as defined below) as a data controller.
Please read this Privacy Policy together with our Cookie Policy. KADONATION may update this Privacy Policy in the future: the latest version can always be found on our Website.
1. ABOUT THIS PRIVACY POLICY
Due to, for example, your commercial relationship or recent contact with KADONATION or due to a visit to or action on our “Website” (i.e. https://kadonation.com/, including related sub-domains) we may collect, store and otherwise process personal data relating to you or, if you are a company, your employees/representatives (“your personal data”).
This Privacy Policy describes (i) how we collect, treat and store your personal data; (ii) the rights you can exercise in relation to your personal data; and (iii) the measures we take to protect it and to secure your personal data.
KADONATION respects your privacy and we always strive to act in accordance with the applicable privacy legislation, such as (non-exhaustive): (i) the General Data Protection Regulation 2016/679 of April 27, 2016 (“GDPR”); (ii) the Belgian Privacy Law of 30 July 2018; (iii) the Dutch General Data Protection Regulation Implementation Act of 16 May 2018; (iv) the ePrivacy Directive 2002/58/EC of 12 July 2002, including future amendments and revisions thereof; and/or (v) (future) national legislation regarding the implementation of the GDPR (together: “Privacy Legislation”).
2. KADONATION IS THE DATA CONTROLLER
We are KADONATION NV, a limited liability company with registered office at Gordunakaai 61, 9000 Ghent, Belgium, registered with the Crossroads Database for Enterprises under number BE0666.820.362 (“KADONATION” or “we / us”).
KADONATION is the developer and provider of the KADONATION solution as described and represented on the Website (“Solution”), the corresponding service of KADONATION (“Service”) and is the owner of the Website.
In light of the Privacy Legislation, KADONATION will act as the DATA CONTROLLER of your personal data for the purposes described in this Privacy Policy. This means we are in control of (and thus, responsible for) your personal data.
3. KADONATION’S PROCESSING ACTIVITIES
Which personal data we collect, store and process and the purpose for which we process this data may differ depending on your relation with KADONATION.
In particular, we identify six different scenarios:
- You are browsing on our Website;
- You (wish to) receive direct marketing (such as updates and newsletters) relating to KADONATION’s Solution and/or Service;
- You are a prospect and/or seeking a commercial relationship with KADONATION;
- You are a private customer purchasing, redeeming or starting a group gift voucher;
- Your company is an active KADONATION customer and/or seeking a commercial relationship with KADONATION; or,
- You are | your company is a partner or a supplier of KADONATION.
3.1 You are browsing our website
Contacting KADONATION via the contact form:
Purpose: | To answer any questions you may have and/or to initiate a conversation |
| Personal data: | ❑ Full name ❑ Country ❑ (work) email address ❑ Voluntarily provided telephone number ❑ Voluntarily provided message |
| Legal ground: | consent |
Retention period: | Up until one (1) year after your last contact with KADONATION |
Cookies
When browsing on our Website, we may also collect your personal data through cookies stored on your device(s) in order to optimize the functioning of the Website. Please consult our Cookie Policy for more information.
3.2 You (wish to) receive direct marketing (such as updates and newsletters) relating to KADONATION’s Solution and/or Services
Direct marketing:
| Purpose: | Providing more information on (new features of) KADONATION, our Solution or related products/Services |
| Personal data: | ❑ Full name ❑ (work) email address ❑ Voluntarily provided information |
| Legal ground: | Consent |
| Retention period: | Until you have objected to the processing of your personal data for this purpose (cfr. Section 8- “Right to object”). You will be automatically unsubscribed if we did not contact you for over five (5) years. |
3.3 You are a prospect and/or seeking a commercial relationship with KADONATION
General communication with KADONATION & prospecting by KADONATION:
| Purpose: | To have quality conversations (via mail, telephone or business social media channels) in which KADONATION provides more information on its Services |
| Personal data: | ❑ First name ❑ (Work) email address ❑ Last name ❑ Phone number ❑ Company name ❑ Country ❑ Type of industry ❑ Preferred Language ❑ Social media / business channel ❑ Voluntarily provided information |
| Legal ground: | Legitimate interest |
| Retention period: | Until you have requested to no longer be contacted by KADONATION or until six (6) months following your latest contact with KADONATION, whichever comes first ( + verification period of six months) |
3.4 3.4 You are a private customer
General communication and (technical) support via the support chat:
| Purpose: | To assist you with possible issues and/or answer any questions you may have and/or to initiate a conversation |
| Personal data: | ❑ Full name ❑ Voluntarily provided information ❑ (Work) email address ❑ Information about the enquiry |
| Legal ground: | Necessary for the performance of the agreement |
| Retention period: | Up until two (2) years after your last contact with KADONATION |
Creating of your account:
| Purpose: | To make use of KADONATION Services or its Solution |
| Personal data: | ❑ Full name ❑ (Work) email address ❑ Country ❑ Password ❑ Date of birth ❑ Telephone number (optional) |
| Legal ground: | Necessary for the performance of the agreement |
| Retention period: | Until two (2) years following the termination of the commercial relationship between you and KADONATION ( + verification period of six months) |
Starting a group gift/giving a gift voucher:
| Purpose: | To make use of KADONATION Services or its Platform |
| Personal data: | ❑ Full name ❑ Other voluntarily provided information ❑ Email address ❑ Photo of your choice (optional) ❑ Name receiver (optional) |
| Legal ground: | Necessary for the performance of the agreement |
| Retention period: | Until two (2) years following the termination of the commercial relationship between you and KADONATION |
3.5 Your company/employer is an active KADONATION customer
If you read this Policy as an employee of a company relying on the KADONATION Solution, please note that your employer is to be considered your data controller (as your employer decided to rely on the Solution, choses if you get an account, etc.). Your employer might have provided us with some of your personal information (e.g. your name, your email-address, etc.). In this context, KADONATION has adopted a Data Processing Policy.
Nevertheless, in some exceptional cases, KADONATION will act as your data controller. More specific, KADONATION will act as your data controller for the following purposes:
General communication and (technical) support
| Purpose: | To enable communication with & to provide support to customers |
| Personal data: | ❑ Full name ❑ (Work) e‑mail address ❑ Company information (name, VAT-number) ❑ Telephone Number ❑ Billing address |
| Legal ground: | In relation with the customer: necessary for the performance of the agreement In relation with the end-users: legitimate interest |
| Retention period: | Until one (1) year following the termination of the commercial relationship between your company and KADONATION |
Small business orders (<500 vouchers) placed via the Website
| Purpose: | To make use of KADONATION Services or its Platform |
| Personal data: | ❑ Full name ❑ (Work) e‑mail address ❑ Company (name, VAT-number) ❑ Telephone Number (optional) ❑ Billing address ❑ Delivery address (only in case of physical gift vouchers) |
| Legal ground: | Necessary for the performance of the agreement |
| Retention period: | Until one (1) year following the termination of the commercial relationship between your company and KADONATION |
Billing
| Purpose: | To prepare invoices for the Service | use of the KADONATION Platform |
| Personal data: | ❑ First name ❑ Company ❑ Last name ❑ (Work) e‑mail address ❑ Address ❑ VAT-number ❑ Job function |
| Legal ground: | Necessary for the performance of the agreement |
| Retention period: | Until two (2) years following the termination of the commercial relationship between your company and KADONATION with an additional period of 7 years for bookkeeping reasons. |
Quotes/proposals
| Purpose: | To draw up (additional) quotes | proposals |
| Personal data: | ❑ First name ❑ Company ❑ Last name ❑ (Work) e‑mail address ❑ Address ❑ VAT-number |
| Legal ground: | Legitimate interest |
| Retention period: | Until one (1) year following the termination of the commercial relationship between your company and KADONATION |
3.6 3.6 You are or your company/employer is a supplier or partner of KADONATION
General communication and provision of services:
| Purpose: | To communicate with you in the scope of our commercial relationship |
| Personal data: | ❑ Full name ❑ Email address ❑ Last name ❑ Phone number ❑ Company ❑ Preferred Language ❑ Job function ❑ Voluntarily provided information |
| Legal ground: | Necessary for the performance of the agreement |
| Retention period: | For the duration of your commercial relationship with KADONATION and in any event accordance with any (data processing) agreements concluded with KADONATION |
Billing:
| Purpose: | To pay your invoices for the services provided (incl. corresponding communication) |
| Personal data: | ❑ First name ❑ Company ❑ Last name ❑ (Work) e‑mail address ❑ Address ❑ Financial data (e.g. bank account number) ❑ Job title ❑ VAT-number |
| Legal ground: | Necessary for the performance of the agreement |
| Retention period: | For the duration of your commercial relationship with KADONATION and in any event accordance with any (data processing) agreements concluded with KADONATION |
4. LEGAL GROUNDS
You can find more information on the applicable ground for each of the identified processing activities in Section 3 above.
In case the legal ground for processing happens to be legitimate interest, KADONATION shall always (i) assess whether this is in proportion with the purpose for which your personal data was collected and used; and, (ii) take your reasonable expectations into account and ensure a balance with your fundamental rights and freedoms. If we cannot guarantee this, we will stop storing / using your personal data or we will determine a new legal ground.
5. RETENTION PERIODS
Unless a longer storage period is required or justified (i) by law or (ii) through compliance with another legal obligation, KADONATION shall only store your personal data for the period necessary to achieve and fulfil the purpose in question.
6. DISCLOSURE OF PERSONAL DATA TO THIRD PARTIES
KADONATION shall never sell your personal data to third parties. In addition, KADONATION shall never disclose your personal data to other third parties, unless it is necessary to achieve the purposes described in this Privacy Policy. In this respect, (some of) your personal data may be disclosed to:
- Software and cloud providers
- Printing Services
Of course we have made sure that the necessary contracts or similar legal binding acts are in place to ensure that these third parties treat your personal data in accordance with the Privacy Legislation (e.g. Article 28 GDPR).
In addition, we might transfer your personal data:
- To competent authorities: for instance, because (i) we are obliged to provide your personal data under law or in the scope of (future) legal proceedings, or (ii) this is necessary to safeguard our rights; or,
- In M&A context: meaning, if KADONATION or the majority of its assets, is taken over by a third party, in which case your personal data – which KADONATION has collected – may be one of the transferred assets.
7. CROSS-BORDER PROCESSING OF PERSONAL DATA
In case any of the above mentioned third parties or other recipients are located in a country outside the European Economic Area, KADONATION will ensure that one or more of the listed EU-approved safeguards are in place:
- European Commission adequacy decision;
- Data transfer agreement (cfr. the Standard Contractual Clauses as provided in the European Commission Implementing Decision (EU) 2021/914 of 4 June 2021, including the performance of a transfer impact assessment);
- Binding corporate rules; or,
- Certification mechanisms.
8. YOUR PRIVACY RIGHTS
The Privacy Legislation (e.g. GDPR) gives you certain rights over your personal data vis-à-vis KADONATION. You can exercise these rights by contacting us, as specified in Section 11, through compliance@kadonation.com.
| Access: | you can ask for confirmation of whether or not personal data that relates to you is being processed. If so, you can ask us to give you copies of your personal data. We may charge you a small fee for this service; |
| Rectification: | you can ask us to correct | complete any information you believe is inaccurate | incomplete; |
| Erasure: | you can ask us to erase your personal data, under certain conditions. Please be aware that in this context certain services will no longer be accessible and/or can no longer be provided. |
| Objection: | you can object to us processing your personal data, under certain conditions. |
| Restriction of processing: | you can ask us to restrict the processing of your personal data, unless we have legitimate interests for the processing of your personal data that prevail over your interests |
| Data portability: | you can ask us to transfer your personal data to another organization, or directly to you in a commonly used structured format readable by automatic device, under certain conditions. |
9. SECURITY
KADONATION undertakes to take reasonable, physical, technological and organizational precautions in order to avoid (i) unauthorised access to your personal information, and (ii) loss, abuse or alteration of your personal data.
10. UPDATES
We are entitled to update this Privacy Policy by posting a new version on the Website whereby we will indicate the revision date at the top of this Privacy Policy. As such, it is strongly recommended to regularly consult the Website and the page displaying the Privacy Policy, to make sure that you are aware of any changes.
11. NOTIFICATIONS AND QUESTIONS
Notifications under this Privacy Policy (such as, exercising your rights as a data subject) and/or any questions or concerns with regard to the provisions of this Privacy Policy must be directed at our DPO, via compliance@kadonation.com.
12. COMPLAINTS?
You are not satisfied with the manner in which we collect, store or otherwise treat or secure your personal data? We are sorry to hear that and are prepared to take all measures to remedy this situation. Please do contact us!
You also have the right to lodge a complaint with the following supervisory authorities:
The Belgian Data Protection Authority
Email: contact@apd-gba.be
Telephone number: +32 (0)2 274 48 00
Address: Rue de la Presse 35, 1000 Brussels, Belgium
The Dutch Data Protection Authority
Telephone number: +31 (0)70 888 85 00
Fax: +31 (0)70 888 85 01
Postal Address: PO box 93374, 2509 AJ Den Haag, the Netherlands