Privacy and cookie policy : « Wharn » platform

Last modification : 10 june 2020

Whereas

The purpose of this privacy and cookies policy is to inform visitors / users of the "Wharn" platform (PC and mobile version) of the processings of their personal data that are being carried out via the platform.

Personal data ("data") is all information on the basis of which you can be identified or on the basis of which you are identifiable, such as your name, your identification number, your location data, an identifier, one or more elements that may be characteristic of your physical, physiological, genetic, psychic, economic, cultural or social identity.

A "processing" is any operation or set of operations using or not using automated processes (manual) and applied to personal data, from its collection to its erasure.


Article 1 : The controller

  1. The company Wharn with its registered headquarters located at 50 Place Pierre Delannoy 7850 Enghien, known at the so-called Belgian Crossroad bank for companies under the number BE0767.456.377 is responsible for the processings described hereafter. Hereafter “Wharn”.

  2. Wharn processes the personal data of the visitors / users of the platform in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of data personal data and the free movement of this data which repealed Directive 95/46 / EC (Hereinafter the General Data Protection Regulation or "GDPR") as well as the belgian law of July 31, 2018 related to the protection of individuals with regard to the processing of their personal data.

Article 2 :Application and communication of data by visitors / users

  1. By visiting the “Wharn” Platform, “visitors / users” are presumed to have read and accepted that this privacy and cookies policy is applicable to them for all the processings (of their personal data) described hereafter.

  2. This privacy and cookies policy may be extended or adapted in the future. For example if new developments occur in terms of processings performed or in terms of services offered. For this reason, Wharn recommends that visitors / users regularly consult this privacy and cookie policy.

  3. Visitors / users of the Platform also acknowledge that they are responsible for the accuracy of the personal data they communicate via the Platform or by email through a contact request.

  4. If personal data concerning third parties are communicated by visitors / users via the Platform or when contacting the controller by e-mail, visitors / users guarantee to Wharn that they have previously obtained the explicit consents of these third parties. If this is not the case, the concerned visitors / users accept that they are fully responsible for any direct or indirect damage incurred by Wharn following this (Or these) unauthorized communication(s).

  5. Visitors / users understand that Wharn can never be held responsible for the content of third party websites to which the Platform site may refer (via integrated content, for example youtube video), or for the products or services which are possibly offered (on these third party websites). This type of content is solely governed by the privacy and cookie policies of the third party sites concerned.

  6. In case of discrepancies between the linguistic versions of the privacy policy and Wharn's cookies, the French language version will prevail.

Article 3 : Data processed, legal bases and purposes of the processing

  1. Via functional cookies 
  2. Data collected : When you visit the platform, without registration (only via functional cookies): Wharn may have access with your IP address, search terms and possibly the type of errors encountered.

    Purpose & Legal basis of the processing : Maintenance and improvement of the platform based on the legitimate interests of the controller to continuously improve the platform and its services.

  3. Via analytical cookies 
  4. Data collected : The IP address of users can be collected in order to produce semi-anonymous statistics.

    Purpose & Legal basis of the processing : The company Wharn uses Google analytics statistics to collect anonymous information regarding the use of its services. Wharn has only access to this data in the form of semi-anonymous statistics.

    Wharn always requests the consent of the visitor / user before implementing analytical cookies via the cookie banner. The use of analytical cookies is also justified by the legitimate interest of the company Wharn in optimizing the performance of the platform and fulfilling its social objective.

    For more information on how Google processes your data we recommend that you consult the Google privacy & cookies policy.

  5. Data collected via sharing links from social networks (non-functional cookies)
  6. Data collected : Information shared by users via social plug-ins, data relating to navigation and preferences of users / visitors to the Platform.

    Purpose & Legal basis of the processing : The platform allows the sharing of content to certain social networks. In doing so Wharn does not itself place cookies, but allows the social networks concerned (for example Facebook) to implement non-functional cookies on the Platform.

    The explicit and prior consent of visitors / users is always obtained prior to the deposit of these cookies via the “cookie banner” of the Platform. The implementation of these cookies is also justified by the legitimate interest of the company Wharn to allow visitors / users to share content to social networks.

    For more information on the processing carried out via the various social networks (such as Facebook), please consult the privacy and cookie policies of these networks.

  7. Contact request(s) sent by e-mail to info@wharn.com
  8. Data collected : Last name, first name, email address.

    Purpose & Legal basis of the processing : In order to allow Wharn to respond to a request for information initiated by the user or visitor concerned.

    The data collected meet the legitimate interest of the company Wharn to answer the requests of its users / potential users (visitors). This processing is also carried out on the basis of the execution of a service initiated by the visitor / user himself.

  9. When a visitor opens a user account on the platform
  10. Data collected : Last name, first name, email address, password.

    Purpose & Legal basis of the processing : The data is necessary in order to be able to offer the visitor access and use of the platform's services on his or her request.

    The processing takes place on a contractual basis in order to give access to the visitor who creates to the services of the platform (requested by him or her). The processing also takes place on the basis of the legitimate interest of the company Wharn in fulfilling its social objective.

  11. In the context of managing the user account during its period of activity
  12. Data collected : Last name, First name, list of published pins, list of communities, list of groups, title, photos, video texts, keywords contained in the pins, messages exchanged via the pins.

    Purpose & Legal basis of the processing : These data are necessary on a contractual basis in order to allow a registered user to be able to continue to use the services of the platform (on his or her request). This includes allowing a user who has created an account to join private or public communities, publish pins, interact with other users. Processing is also based on the legitimate interest of the company Wharn in fulfilling its social objective.

    It is useful to specify that within the framework of the messaging services related to a pin, Wharn does not have access to the private conversations between users which are stored and protected thanks to the Pidgin software.

  13. When ordering a paying « pin »
  14. Data collected : Bank account number, transaction amount, email address, ip address, payment method, subscription type, payment preferences (payment method, currency, recurrence, ...), payment history, balance of the balance.

    Purpose & Legal basis of the processing : The data is processed to allow payment of an order initiated by a user (contractual basis). Data is also transferred to Stripe and Paypal (Payment Service Providers) to initiate payment, in accordance with their own privacy and cookie policies.

  15. In the event of access to the geolocation coordinates of a visitor / user
  16. Data collected : Access to the GPS positioning of the visitor / user.

    Purpose & Legal basis of the processing : This processing is necessary in order to be able to respond to two types of requests:

    Mobile version of the platform:

    • During a search by a visitor or by a user who does not specify a location (the user's location is then used as a positioning center) ;
    • When submitting a “HERE” pin. (Only for registered users).

    Pc version :

    • Regarding the web application, the IP address which is retrieved during the session opening time in order to be able to perform an approximate geolocation. In this case, the IP is neither associated with other information nor stored.

    When downloading the mobile application of the platform or accessing the PC version, access to the geolocation coordinates of the user/visitor is only given to Wharn if the user explicitly accepts to give his Wharn access to his geographic coordinates.

    The geolocation information is also collected on the basis of the legitimate interest of Wharn in fulfilling its social objective. It is indeed a key service offered by the platform.

Article 4 : Duration of data storage

  1. Via functional cookies 
  2. These types of cookies are always deleted at the end of the session.

  3. Via analytical cookies
  4. Wharn does not store personal data via this type of cookie, but only access semi-anonymous statistics. The IP addresses of users / visitors are stored by Google for the periods indicated in Google’s privacy & cookies policy and via the following link: https://marketingplatform.google.com/about/analytics/terms/.

  5. Data collected via sharing links from social networks (non-functional cookies)
  6. Wharn keeps the data transmitted via these cookies for a period which is limited to 13 months. (As long as the user / visitor has given their prior and explicit consent for the placing of these cookies via the cookie banner.) For the retention periods of the various social networks, please consult the privacy and cookie policies of these networks.

  7. Contact request(s) sent by e-mail to info@wharn.com
  8. The data communicated by a visitor / user during a contact are kept until explicit revocation by the user himself. If no contact is made by the data subject within one year, the data is deleted by Wharn.

  9. When a visitor opens an user account on the platform
  10. When the user registers in the system, his data will always be stored in a secure database as long as the user does not delete his account. If the user deletes his account, his data will be automatically deleted from the database after 14 days. If the user reconnects within 14 days of deleting the account, his account will be reactivated otherwise the data will be permanently deleted.

  11. In the context of managing the user account during its period of activity
  12. When the user registers in the system, his data will always be stored in a secure database as long as the user does not delete his account. If the user deletes his account, his data will be automatically deleted from the database after 14 days. If the user reconnects within 14 days of deleting the account, his account will be reactivated otherwise the data will be permanently deleted.

  13. When ordering a paying « pin »
  14. Wharn keeps the data necessary to complete the transaction until the end of the transaction and then archives it in accordance with its legal obligations. The billing data are also kept by Stripe and soon Paypal (Payment service providers) according to the durations determined by their own privacy policies and cookies that can be viewed on their respective sites.

  15. In the event of access to the geolocation coordinates of a visitor / user
  16. Wharn keeps geolocation data as long as the pin is active. The user who decides to delete a pin which he is at the same time will delete the geolocation data kept by Wharn.

Article 5 : Data transfer

  1. Wharn may give access to your personal data to its employees who are contractually bound by a confidentiality obligation and are also bound to process your data in accordance with the instructions given by Wharn.

  2. Wharn may also in certain cases call on subcontractors (processors) whom are bound by an obligation of confidentiality as well as to provide sufficient security guarantees for the processing and who only process your data in accordance with Wharn's instructions.

    If your data is communicated or stored with a subcontractor established in a country which is not a Member State of the European Union, the communication or transfer will only take place if a so-called adequacy decision applies to the country concerned. Wharn also verifies that sufficient contractual guarantees are provided by the subcontractor as to the security of processing.

  3. In the event of reorganization or the total or partial sale of Wharn's activities, or in the event of bankruptcy, Wharn may transfer the personal data it processes to new entities or new third parties carrying out all or part of the professional activities of Wharn.

  4. If applicable, Wharn will make reasonable efforts to inform data subjects before transferring their data to a third party, but data subjects understand that this is not technically or commercially feasible in all situations.

  5. In exceptional cases, Wharn may be compelled to disclose personal data by virtue of a court order or to comply with imperative regulations or legislation. Wharn will make reasonable efforts to inform those concerned beforehand, subject to the limits provided by law.

  6. Wharn does not in any case sell the personal data it processes, nor does it rent databases or make them commercially available to third parties, unless you give Wharn your prior consent.

Article 6 : Technical and organizational security measures adopted by Wharn

  1. Wharn has developed technical and organizational security measures to prevent destruction, loss, falsification, modification, unauthorized access or accidental notification to third parties of your personal data (as well as any other unauthorized processing).

  2. With regard to your use of the platform, visitors/users must at all times follow the security instructions, in particular by preventing unauthorized access to their username and password.

    Visitors / users are solely responsible for the use of the platform and access to their user account from their computer or on the basis of their IP address and their identification data.

  3. Wharn can in no way be held liable for any direct or indirect damage arising from the improper or unlawful use of personal data by a third party.

Article 7 : Rights of data subjects

  1. Access, rectification and erasure of your data

    Visitors / users have the right to request access to their data, rectification of incorrect or incomplete data or subject to legitimate reasons for the deletion of their data (processed by Wharn).

    Such erasure of data is not possible if the processing of the data is necessary for the justification of or the defense in the context of a legal action.

    Visitors / users also recognize that in the event of a request to erase their personal data, certain products and services can no longer be provided to them.

  2. Restriction of the processing

    Visitors / users have the right to request the restriction of processing, in particular if they dispute the accuracy of the data, if the processing is illegitimate and they oppose the erasure of the data.

    Visitors / users acknowledge that in the event of refusal to communicate their personal data, (if applicable) certain products and services can no longer be provided to them.

  3. Data Portability

    Visitors / users have the right to obtain data concerning them (or to ask Wharn to transmit it to another data controller) in a structured, customary and computer-usable form.

    Such reception or transmission is not possible if the processing of the data is necessary for the exercise of or defense in the context of a legal action.

  4. Automated decisions and profiling

    Visitors / users have the right not to be subject to individual decisions based on automated processing if this entails significant legal or personal consequences for them. Visitors / users can also object to profiling.

    Wharn does not make any automated decisions or profiling with regards to your personal data. Third-party platforms such as Facebook may possibly create profiles on the basis of data collected via cookies implemented on the Platform. In this case, it is up to visitors / users to contact the platforms/social media concerned.

  5. Right to object

    Visitors / users can object to the processing of their personal data for serious and legitimate reasons. As far as processing is based on their prior consent, Visitors / users have the right to withdraw this consent.

    Visitors / users also have the right to object to the use of their personal data for direct marketing purposes. Where applicable, visitors / users must not state any reason.

  6. Exercise of your rights

    Visitors / users can exercise their rights by contacting the controller for this purpose either by email to the email address info@wharn.com or by postal mail to Wharn, 42, avenue de la liberté, 1081 Koekelberg, or by browsing in the "Contact us" section of the platform.

    If Wharn believes that you are not authorized to exercise one or more of these rights on legitimate grounds, or that it needs additional time to respond to the request, Wharn will notify you in writing within 30 days upon receipt of your request.

Article 8 : Cookies

  1. A "cookie" is a small file sent by Wharn's server and installed on your computer's hard drive. The information it contains may be sent back to our servers or those of the third parties concerned during a subsequent visit.

  2. There are different categories of cookies :

      Functional cookies are cookies that ensure the proper functioning of all elements of a website. These are cookies for website protection, cookies for load balancing (i.e. distributing requests to a server on a number of computers) and cookies for adaptation the user interface (in particular the choice of language and the display of search results). Wharn may place these cookies without your consent for this purpose.

      Non-functional cookies are placed for statistical, social and commercial purposes and do not meet the conditions to be exempt from the consent requirement. Your explicit consent is required for the placement of these cookies:

        - Technical cookies (non-functional) allow Wharn to keep your user preferences in memory. By placing these types of functional cookies, Wharn facilitate your visits to the platform. In this way, for example, you should not systematically enter the same information when you visit the platform.

        - Analytical cookies collect general information about how the platform is used. Based on this information, we can perform a statistical analysis of the platform usage. Based on this analysis, we can make the structure, navigation and content of the platform more user-friendly and improve it.

        - Marketing cookies are used to personalize online advertisements. This gives us (and third parties) an overview of the benefits of a campaign. This is done using a profile, in particular drawn up on the basis of your clicks and your navigation on our website.

        - There are also social media cookies. CThese cookies offer the possibility of including buttons from social networking sites. The buttons work via a code from these sites. These type of buttons are a handy tool for promoting web pages such as "like" and "pins".

  3. In practice, Wharn processes on the one hand personal data which is collected and processed through cookies which are strictly necessary for the proper functioning of the platform (functional cookies). The processing of the information collected by these cookies is based on Wharn's legitimate interest in offering a functional platform to visitors / users.

  4. With regard to cookies which are not essential for the proper functioning of the platform and which are placed by Wharn or by a third party, Wharn always collects the explicit and prior consent of visitors / users (via its “cookies banner”) before their implementation.

  5. If social networking sites or other third parties: (For example, Facebook, Google+, Whatsapp, Instagram, YouTube, LinkedIn, Disqus and Twitter) use the Wharn platform to place cookies in order to collect (your) data, Wharn has no influence on the use and the way in which they process this data.

    You can find more information in the privacy statements (policies) of the social networking sites. Please note that these privacy statements may be changed at any time by social networking sites.

  6. Visitors/users may through their Internet browser delete cookies automatically or manually and may also decide whether certain cookies can be placed or not. They can also configure their Internet browser to notify them when a cookie is placed. Visitors/users can find more information on these possibilities in the instructions of their browser's help function.

    Warning ! If some cookies are disabled, the platform may not work optimally. After deletion in your browser, cookies will be placed (with your permission) again on your next visit to the platform.

  7. The platform exclusively allows the following cookies :

      Functional cookies :

    Name
    Category
    Duration
    Purpose
    Cookielawinfo
    Fonctional cookie implemented by Wharn
    1 year
    Thanks to Cookielaw, we are aware of what information you want to share with Wharn. You have the choice: you can accept only the necessary cookies or you can also analysis and advertising cookies. This cookie indicates whether a visitor agrees yes or no to the use of cookies on the Wharn platform. checkbox-necessary, checkbox-marketing, checkbox-analytics, checkbox-uncategorized, checkbox-performance, InfoConsent, cli_user_preference.

      Non-functional cookies :

    Name
    Category
    Duration
    Purpose
    wharnUserInfo
    Functional implemented by Wharn
    1 year
    This cookie will keep the information allowing a user to be automatically reconnected (if the user gives his explicit and prior consent when connecting via a "remember me" check box)
    Google Analytics
    Analytics cookie from Google
    __utma2 ans
    __utmb30 min.
    This cookie works via Google Analytics (a statistical analysis tool that allows us to improve your browsing experience on the Wharn platform. Google Analytics provides Wharn, among others, the following data about the number of (unique) users of the site, their visitation sessions and how they use the site in the form of semi-anonymous statistics. Then (Google Analytics gives us an in-depth view of this data by a analysis report.)
    ShareThis
    Cookie implemented on the platform by third parties
    __stidsession
    __stidv30 min.
    __unam :1 an
    pxcelAcc3PC : 1 semaine
    pxcelPage_c010 :session
    This cookie allows users to share content from theplatform with third parties, such as Facebook, Twitter, What's App or LinkedIn. Please consult the privacy statement of these third parties.

Article 9 : Contact and complaints

  1. Visitors / users can exercise their rights, by contacting the controller (Wharn) by sending an email to the address info@wharn.com or alternatively by sending a postal letter to the address indicated below and attaching it a copy of his identity card: Wharn, 42, avenue de la liberté, 1081, Koekelberg.

    If Wharn has reasons to beleive that the visitor / user is not authorized to exercise one or more of these rights on legitimate grounds, or that it needs additional time to respond to the request, Wharn will inform you in writing within within 30 days of receiving your request.

  2. Visitors may also (in case of violation of their rights) lodge a complaint with the Data Protection Authority.

    Contact information
    Rue de la presse, 35, 1000, Brusels
    Tel : +32 (0)2 274 48 00
    contact@apd-gba.be

    According to Article 77 of the GDPR, data subjects who do not live in Belgium but in another Member State of the European Union can also file a complaint with their own data protection authority.

  3. A complaint to the data protection authority does not prejudice the initiation (if any) of proceedings before a civil court (in the event of damage suffered as a result of a violation of the rights of the data subject).