Legal Notice
Legal Notice
Definitions
Customer: any natural or legal person with the legal capacity to use the site and place an order, or any legal entity visiting the Site that is subject to these general terms and conditions.
Services and Products: Winderly makes available to Customers:
Content: all elements constituting the information present on the Site, including in particular texts, images and videos.
Customer Information: hereinafter referred to as "Information(s)", corresponding to all personal data that may be held by Winderly for the purposes of account management, customer relationship management, and for analytical and statistical purposes.
User: any internet user connecting to and using the aforementioned site.
Personal Information: "information which, in any form whatsoever, directly or indirectly, enables the identification of the natural persons to whom it applies", in accordance with the General Data Protection Regulation (GDPR – EU Regulation 2016/679).
The terms "personal data", "data subject", "processor" and "sensitive data" have the meanings defined by the General Data Protection Regulation (GDPR: No. 2016/679).
Presentation of the Website
In accordance with the legal provisions applicable to digital services and electronic commerce, users of the website winderly.co.uk are hereby informed of the identity of the various parties involved in its creation and management:
Trading name: Winderly
Winderly is not currently VAT registered.
Webmaster: Winderly – contact@winderly.co.uk
Host: Shopify – Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA
Data Protection Officer: Winderly – contact@winderly.co.uk
General Terms and Conditions of Use of the Site and Services Offered
The Site constitutes a work of the mind protected by the provisions of intellectual property law and applicable international regulations. The Customer may not in any circumstances reuse, assign or exploit for their own account all or part of the elements or works of the Site.
Use of the site winderly.co.uk implies full and unreserved acceptance of the general terms and conditions of use described below. These terms and conditions of use may be amended or supplemented at any time; users of the site winderly.co.uk are therefore invited to consult them on a regular basis.
This website is normally accessible to users at all times. An interruption for technical maintenance purposes may however be decided upon by Winderly, which will endeavour to communicate the dates and times of the intervention to users in advance. The website winderly.co.uk is updated regularly by the responsible Winderly team. Similarly, the legal notices may be amended at any time; they are nevertheless binding on the user, who is invited to refer to them as frequently as possible in order to familiarise themselves with their content.
Description of Services Provided
The website winderly.co.uk is intended to provide information regarding all of the company's activities. Winderly endeavours to provide information on the site winderly.co.uk that is as accurate as possible. However, Winderly cannot be held liable for any omissions, inaccuracies or deficiencies in the updating of information, whether caused by Winderly itself or by third-party partners who supply such information.
All information provided on the site winderly.co.uk is given for guidance purposes only and is subject to change. Furthermore, the information contained on the site winderly.co.uk is not exhaustive and is provided subject to any amendments that may have been made since it was published online.
Contractual Limitations on Technical Data
The site uses JavaScript technology. The website cannot be held liable for any material damage arising from use of the site. Furthermore, the user of the site undertakes to access the site using up-to-date equipment that is free from viruses and with an up-to-date, current-generation browser. The site winderly.co.uk is hosted by a service provider that complies with international security and data protection standards, in accordance with the General Data Protection Regulation (GDPR – EU Regulation 2016/679).
The aim is to provide a service that ensures the highest possible level of accessibility. The hosting provider ensures continuity of service 24 hours a day, every day of the year. It nonetheless reserves the right to interrupt the hosting service for the shortest possible periods, in particular for maintenance purposes, infrastructure improvements, infrastructure failures, or if the Services generate abnormal levels of traffic.
Winderly and the hosting provider cannot be held liable in the event of malfunction of the internet network, telephone lines or computer and telephony equipment, arising in particular from network congestion preventing access to the server.
Intellectual Property and Counterfeiting
Winderly holds the rights of use over all elements accessible on the website, including in particular texts, images, graphics, logos, videos, icons and sounds. Any reproduction, representation, modification, publication or adaptation of all or part of the elements of the site, by any means or process whatsoever, is prohibited without the prior written authorisation of Winderly.
Any unauthorised use of the site or any of the elements it contains will be deemed to constitute an act of infringement and will be prosecuted in accordance with applicable intellectual property legislation.
Limitations of Liability
Winderly acts as publisher of the site. Winderly is responsible for the quality and accuracy of the Content it publishes.
Winderly cannot be held liable for any direct or indirect damage caused to the user's equipment upon accessing the website winderly.co.uk, arising either from the use of equipment that does not meet the specifications set out in point 4, or from the occurrence of a bug or incompatibility.
Winderly cannot be held liable for indirect damages (such as loss of market share or loss of opportunity) resulting from use of the site winderly.co.uk. Interactive spaces (such as the ability to submit questions via the contact section) are available to users. Winderly reserves the right to remove, without prior notice, any content posted in this space that contravenes applicable legislation, in particular the provisions relating to data protection. Where appropriate, Winderly also reserves the right to hold the user civilly and/or criminally liable, in particular in the case of racist, abusive, defamatory or pornographic messages, regardless of the medium used (text, photographs, etc.).
Management of Personal Data
The Customer is informed of the regulations governing marketing communications, applicable regulations in respect of electronic communications, and the General Data Protection Regulation (GDPR: No. 2016/679).
7.1 Controllers of Personal Data
In respect of Personal Data collected in connection with the creation of the User's personal account and their browsing on the Site, the controller of Personal Data is: Winderly.
As controller of the data it collects, Winderly undertakes to comply with the framework of applicable statutory provisions. It is the Customer's responsibility in particular to establish the purposes of their data processing activities, to provide their prospects and customers, on the basis of the collection of their consent, with full information regarding the processing of their personal data, and to maintain a processing register that accurately reflects reality. Whenever Winderly processes Personal Data, Winderly takes all reasonable steps to ensure the accuracy and relevance of the Personal Data in relation to the purposes for which Winderly processes it.
7.2 Purposes of Data Collected
Winderly may process all or part of the data:
to enable browsing on the Site and the management and traceability of services and products ordered by the user: connection and site usage data, invoicing, order history, etc.;
to prevent and combat computer fraud (spamming, hacking, etc.): computer equipment used for browsing, IP address, password (hashed);
to improve browsing on the Site: connection and usage data;
to conduct optional satisfaction surveys on winderly.co.uk: email address;
to conduct communication campaigns (SMS, email): telephone number, email address.
Winderly does not sell your personal data, which is therefore used solely out of necessity or for statistical and analytical purposes.
7.3 Rights of Access, Rectification and Objection
In accordance with applicable European regulations, users of winderly.co.uk have the following rights:
right of access (Article 15 GDPR) and rectification (Article 16 GDPR), updating and completion of their data;
right to restriction or erasure of Users' personal data (Article 17 GDPR), where such data is inaccurate, incomplete, ambiguous, outdated, or where its collection, use, communication or retention is prohibited;
right to withdraw consent at any time (Article 13(2)(c) GDPR);
right to restriction of processing of Users' data (Article 18 GDPR);
right to object to the processing of Users' data (Article 21 GDPR);
right to data portability in respect of data provided by Users, where such data is subject to automated processing based on their consent or on a contract (Article 20 GDPR);
right to determine what happens to Users' data after their death and to choose whether or not Winderly should communicate their data to a third party they have previously designated.
Upon becoming aware of the death of a User, and in the absence of instructions from them, Winderly undertakes to destroy their data, unless its retention is necessary for evidential purposes or to fulfil a legal obligation.
If a User wishes to know how Winderly uses their Personal Data, to request rectification thereof, or to object to its processing, the User may contact winderly.co.uk in writing at the following address:
Winderly – contact@winderly.co.uk
In such cases, the User must specify the Personal Data they wish winderly.co.uk to correct, update or delete, clearly identifying themselves with a copy of a proof of identity (identity card or passport).
Requests for the deletion of Personal Data shall be subject to the obligations imposed on Winderly by law, in particular with regard to the retention or archiving of documents. Finally, users of winderly.co.uk may lodge a complaint with the Data Protection Authority (APD) in Belgium.
7.4 Non-Disclosure of Personal Data
Winderly undertakes not to process, host or transfer the Information collected from its Customers to a country outside the European Union or one not recognised as providing an adequate level of protection by the European Commission, without first informing the customer. Notwithstanding this, Winderly remains free to choose its technical and commercial subcontractors, provided they offer sufficient guarantees in respect of the requirements of the General Data Protection Regulation (GDPR: No. 2016/679).
Winderly undertakes to take all necessary precautions to preserve the security of the Information and, in particular, to ensure that it is not communicated to unauthorised persons. However, if Winderly becomes aware of an incident affecting the integrity or confidentiality of a Customer's Information, it shall inform the Customer as promptly as possible and communicate the corrective measures taken. Furthermore, Winderly does not collect any "sensitive data".
Users' Personal Data may be processed by Winderly's subsidiaries and subcontractors (service providers), exclusively for the purposes of fulfilling the aims of this policy.
Within the limits of their respective responsibilities and for the purposes referred to above, the principal persons likely to have access to the data of users of winderly.co.uk are primarily the members of our customer service team.
Incident Notification
Regardless of the efforts made, no method of transmission over the internet and no method of electronic storage is entirely secure. We cannot therefore guarantee absolute security. Should we become aware of a security breach, we would notify the affected users so that they may take appropriate action. Our incident notification procedures take into account our legal obligations, both at national and European level. We undertake to keep our customers fully informed of all matters relating to the security of their account and to provide them with all the information necessary to assist them in complying with their own regulatory reporting obligations.
No personal information of users of the site winderly.co.uk is published without the user's knowledge, exchanged, transferred, assigned or sold on any medium to third parties. Only the event of an acquisition of winderly.co.uk and its rights would permit the transmission of such information to the potential purchaser, who would in turn be bound by the same obligation of data retention and amendment in relation to users of the site winderly.co.uk.
Security
To ensure the security and confidentiality of Personal Data and Health-Related Personal Data, winderly.co.uk uses networks protected by standard security measures such as firewalls, pseudonymisation, encryption and passwords.
When processing Personal Data, Winderly takes all reasonable measures to protect it against any loss, misuse, unauthorised access, disclosure, alteration or destruction.
Hyperlinks, Cookies and Internet Tags
The site winderly.co.uk contains a number of hyperlinks to other sites, established with the authorisation of Winderly. However, Winderly is not in a position to verify the content of the sites thus visited and shall therefore assume no liability in this regard.
Unless you choose to disable cookies, you accept that the site may use them. You may disable these cookies at any time, free of charge, using the deactivation options available to you and set out below, bearing in mind that doing so may reduce or prevent access to all or part of the Services offered by the site.
9.1 Cookies
A "cookie" is a small information file sent to the User's browser and stored within the User's device (e.g. computer, smartphone) (hereinafter "Cookies"). This file contains information such as the User's domain name, the User's internet service provider, the User's operating system, and the date and time of access. Cookies cannot in any circumstances damage the User's device.
Winderly may process information relating to the User's visit to the Site, such as pages viewed and searches conducted. This information enables Winderly to improve the content of the Site and the User's browsing experience.
As Cookies facilitate browsing and/or the provision of the services offered by the Site, the User may configure their browser to enable them to decide whether or not to accept Cookies, so that Cookies are either stored on the device or, alternatively, rejected, either systematically or according to their source. The User may also configure their browser software so that they are offered the option of accepting or refusing Cookies on a case-by-case basis, before a Cookie is stored on their device. Winderly informs the User that, in such cases, certain features of their browser software may not be available.
If the User refuses to allow Cookies to be stored on their device or browser, or if the User deletes any Cookies already stored thereon, the User is informed that their browsing and experience on the Site may be limited. This may also be the case where Winderly or one of its service providers is unable, for technical compatibility reasons, to recognise the type of browser used by the device, the language and display settings, or the country from which the device appears to be connected to the internet.
Where applicable, Winderly accepts no liability for the consequences arising from the degraded operation of the Site and any services that may be offered by winderly.co.uk, resulting from (i) the User's refusal of Cookies, or (ii) the impossibility for Winderly to store or access the Cookies necessary for their operation as a result of the User's choice. For the management of Cookies and the User's preferences, the configuration of each browser differs and is described in the browser's help menu, which will enable the User to find out how to modify their Cookie preferences.
At any time, the User may choose to express and modify their Cookie preferences. Winderly may also engage the services of external service providers to assist in the collection and processing of the information described in this section.
Finally, by clicking on the icons dedicated to the social networks Twitter, Facebook, LinkedIn and Google Plus appearing on the site winderly.co.uk or in its mobile application, and if the User has consented to the deposit of cookies by continuing to browse the website or mobile application of winderly.co.uk, Twitter, Facebook, LinkedIn and Google Plus may also deposit cookies on your devices (computer, tablet, mobile phone).
Such cookies are only deposited on your devices subject to your consent, given by continuing to browse the website or mobile application of winderly.co.uk. The User may nevertheless withdraw their consent to Winderly depositing this type of cookie at any time.
9.2 Internet Tags
Winderly may occasionally use internet tags (also known as "tags", action tags, single-pixel GIFs, transparent GIFs, invisible GIFs and one-to-one GIFs) and deploy them via a partner specialising in web analytics, which may be located (and therefore store the corresponding information, including the User's IP address) in a foreign country.
These tags are placed both in online advertisements enabling internet users to access the Site, and on the various pages of the Site.
This technology enables Winderly to evaluate visitors' responses to the Site and the effectiveness of its actions (for example, the number of times a page is opened and the information consulted), as well as the use of the Site by the User.
The external service provider may collect information about visitors to the Site and other websites using these tags, compile reports on Site activity for Winderly, and provide other services relating to the use of the Site and the internet.
Applicable Law and Jurisdiction
Any dispute relating to the use of the site winderly.co.uk is subject to Belgian law. Except where the law does not permit, exclusive jurisdiction is attributed to the competent courts in Belgium.