1. WHO IS RESPONSIBLE FOR THE PROCESSING OF YOUR PERSONAL DATA?
1.1 Your personal data are processed by IMC Europe B.V., Faradaystraat 19, 6718 XT Ede, the Netherlands, with corporate registration number 59679239 (hereinafter: “IMC”, “we”, “us”, “our”). You can contact us via e-mail at [email protected].
1.3 Where reference is made to certain laws or regulations, such reference shall also include any change, replacement or annulment of said laws or regulations, including any related executive decisions.
2. WHICH CATEGORIES OF PERSONAL DATA DO WE PROCESS?
We process following categories of personal data: technical information associated with the device you use, your browsing preferences, basic identity information you provide us with, the content of your communication, the technical details of the communication, your preferences regarding receiving our e-mail communications, publicly available information of your profile, any other personal data you choose to provide to us, your order and the details pertaining to the order itself.
Most of the personal data we process, we receive directly from you. However, from time to time we may receive personal data from third parties.
2.1 Whenever you use our Website, Enquiry Tool and Social Media Channels, we collect:
- information concerning your browsing behavior, such as how long you visit, what links you click on, what pages you visit and how many times you visit a page.
- technical informationassociated with the device you use, such as your IP address, browser type, geographical location and operating system;
2.2 When you fill out the contact form on our Website or contact us via e-mail, telephone, fax or Social Media Channels, we collect:
- any other personal datayou choose to provide to us.
- publicly available information of your profileon Social Media Channels;
- your preferences regarding receiving our e-mail communications, such as newsletters, promotions, advertisements, etc., you can change your preferences by sending an e-mail to [email protected].
- the content of your communication and the technical details of the communication itself(with whom you correspond at our end, date and time, etc.);
- thebasic identity information you provide us with, such as name, e-mail address, postal address, telephone number, the company you work for, your function.;
2.3 When you place an enquiry on one of our Enquiry Tools, as customer or supplier, we collect:
- details pertaining to the enquiry
- the basic identity informationwe require to process your order, such as your name, company, function, postal address and telephone number;
2.4 All of the personal data listed above, we receive directly from you. It may happen that we receive additional information about your preferences and surfing behavior from partners such as Google, Facebook and Yandex. If you require more information about the personal data these parties process about you and make available to others, you are kindly requested to consult their respective privacy policies:
- Google: https://www.google.com/intl/en/policies/privacy/
- Facebook: https://www.facebook.com/about/privacy
- Yandex: https://yandex.com/legal/privacy/
3. WHY DO WE PROCESS YOUR PERSONAL INFORMATION?
We process your personal data for several different purposes: to provide, improve and develop services; for marketing purposes; to inform third parties; because we are legally required to do so or to detect if you use our Website, Enquiry Tools, Social Media Channels or other communication channels in any way that may harm IMC or someone else, or is illegal.
3.1 IMC processes your personal data for marketing purposes, i.e. to provide you with targeted communications, promotions, offerings and other advertisements of IMC and selected partners.Unless you are an existing customer who has already purchased similar goods or services from us and who we wish to target with our own marketing material, IMC will only send you communications, promotions, offerings, newsletters and other advertisements via e-mail or other person-to-person electronic communications channels if you have explicitly consented to receiving such communications, promotions, offerings, newsletters and other advertisements.
3.2 IMC processes your personal data to provide you in a personalized and efficient way with the information, products and services you request via the Website, e-mail, telephone, fax, Social Media Channels and Enquiry Tools.3.3 IMC processes your personal data to comply with legal obligations or to comply with any reasonable request from competent law enforcement agents or representatives, judicial authorities, governmental agencies or bodies, including competent data protection authorities.Your personal data may be transferred upon IMC’s own initiative to the police or the judicial authorities as evidence or if there are justified suspicions of an unlawful act or crime committed by you through your registration with or use of the Website, Enquiry Tools, our Social Media Channels or other communication with us.
3.4 IMC may be required to collect and transfer your personal data to the financial institution or payment service provider to allow your financial institution and the payment service provider to comply with their legal obligations, such as obligations under applicable anti-money laundering and counter-terrorism financing legislation.
3.5 IMC processes your personal data to perform statistical analyses so that we may improve our Website, Enquiry Tools, products and services or develop new products and services.
3.6 IMC may process your personal data for informing any third party in the context of a possible merger with, acquisition from/by or demerger by that third party, even if that third party is located outside the EU.
4. WHAT MAKES THE PROCESSING OF YOUR PERSONAL DATA LEGITIMATE?
The law requires us to state precisely which legal basis we use to process your personal data. We may process your personal data because you have given your consent to do so, it is necessary for performing the agreement between you and us, we are obliged to do so by legislation or it is in our legal interest to process your personal data.
4.1 For processing your personal data for the purposes outlined in clause 3.1 and 3.2, IMC as the responsible party asks for your consent.
4.2 The processing of your personal data for the purpose of fulfilling an enquiry you have placed via one of our Enquiry Tools is necessary for performing the agreement between you and IMC.
4.3 The processing of your personal data for the purposes outlined in clauses 3.3 and 3.4 is necessary to allow IMC to comply with its legal obligations.
4.4 The processing of your personal data for the purposes outlined in clauses 3.5, 3.6 and 3.7 is necessary for the purpose of the legitimate interests of the IMC, which are:
- keeping our Website, Enquiry Tools, Social Media Channels, products and services safe from misuse and illegal activity;
- continuous improvements to IMC’s Website, Enquiry Tools, Social Media Channels, products and services to ensure that you have the best experience possible;
- marketing and promotion of our products, services, brands an overall successful commercialization of our products and services.
5. WHO RECEIVES YOUR PERSONAL DATA?
Our general approach is that we do not share your personal with third parties unless you consent to it. However, sometimes it is unavoidable that third parties receive your personal data. Social media providers, financial institutions, payment service providers, cloud providers, service providers that help us with the maintenance of our Website and Enquiry Tools and entities within the IMC group may receive and process your personal data in some circumstances.
5.1 IMC does not send your personal data in an identifiable manner to any third party without your explicit permission to do so. You understand, however, that if you use our Social Media Channels, your personal data is also processed by the social media providers. If you purchase anything at IMC, a financial institution or payment service provider may also receive your personal data in order to provide their services.
5.2 IMC relies on third party processors to provide you the Website as well as to process your personal data on our behalf. These third party processors are only allowed to process your personal data on behalf of IMC upon explicit written instruction of IMC. IMC warrants that all third party processors are selected with due care and are obliged to observe the safety and integrity of your personal data.
6. DO WE TRANSFER YOUR PERSONAL DATA OUTSIDE THE EEA?
Yes, we transfer your personal data outside the EEA (i.e. the European Economic Area, consisting of the EU and Norway, Liechtenstein and Iceland). Parties to whom we transfer your personal data are entities in the IMC group and foreign service providers. It goes without saying that your personal data are safe when we send your personal data to countries outside the EEA.
6.1 IMC processes your personal data first and foremost within the EEA. However, in order to process your personal data for the purposes outlined in article 3 above, we may also transfer your personal data to other entities within IMC group or to third parties who process on our behalf which are located outside the EEA. Each entity outside the EEA that processes your personal data shall be bound to observe adequate safeguards with regard to the processing of your personal data. Such safeguards will be the consequence of:
- the recipient country having legislation in place which may be considered equivalent to the protection offered within the EEA; or
- of a contractual arrangement between IMC and that entity. All IMC entities are parties to a contractual arrangement based on the EC’s Standard Contractual Clauses (controller-to-controller) (Commission Decision C(2004)5721
6.2 IMC may transfer anonymized and/or aggregated data to organizations outside of the EEA. Should such transfer take place, IMC will ensure that there are safeguards in place to ensure the safety and integrity of your data as well as all rights with respect to personal data you might enjoy under applicable mandatory law.
7. WHAT ARE THE QUALITY ASSURANCES WITH REGARD TO YOUR PERSONAL DATA?
We will not process more personal data than we need for the purposes we have communicated to you. Additionally, we will only process your personal data for as long as needed to achieve the purposes we have communicated to you or up until such time where you withdraw your consent for processing them and no other legal ground applies that allows us to proceed in processing your personal data. We also guarantee to keep your personal data safe.Note that the withdrawal of your given consent may imply that you cannot longer use the whole or part of the Website, Enquiry Tools, Social Media Channels and other communication channels.We also make profiles about you based on preferences, surfing behavior and purchases so that we may better target our marketing activities.
7.1 IMC does its utmost best to process only those personal data which are necessary to achieve the purposes listed under article 3.
- an overriding interest of IMC, your financial institution, the payment service provider, or any other third party in keeping your personal data identifiable;
- a legal or regulatory obligation or a judicial or administrative order that prevents IMC from de-identifying them.
7.3 You understand that an essential aspect of our marketing efforts pertains to making our marketing materials more relevant to you. This means that IMC builds a profile of you based on relevant characteristics as outlined in article 2 and then uses this profile to provide you with communications, promotions, offerings, newsletters and other advertisements about products and services that may interest you.
7.4 IMC will take the appropriate technical and organizational measures to keep your personal data safe from unauthorized access or theft as well as accidental loss, tampering or destruction. Access by personnel of IMC or its third party processors will only be on a need-to-know basis and subject to strict confidentiality obligations. You understand, however, that safety and security are best efforts obligations only which can never be guaranteed.
7.5 If you are registered to receive communications, promotions, offerings, newsletters and other advertisements via e-mail or other person-to-person electronic communications channels, you can change your preferences for receiving such communications, promotions, offerings, newsletters and other advertisements by sending an e-mail to [email protected]
8.2. A cookie is a file containing an identifier sent by our web server and stored on your browser. The identifier is sent back to our server each time your browser requests a page from our server.
8.3. Cookies generally do not contain information that personally identifies a user, but personal information that we store about you may be linked to the information stored in and obtained from cookies.
8.4. We use both session and persistent cookies on our website. A persistent cookie will be stored by your web browser and will remain valid until its set expiry date, unless you delete it before that date. A session cookie will expire when you close your >web browser.
8.5. If you block or delete cookies, you will not be able to use all the features on our website.
As a data subject, you have several rights vis-à-vis the processing of your personal data. These rights are the right of access, the right to rectification, the right to withdraw your earlier given consent, the right to erasure, the right to oppose the processing of personal data and the right that you receive from us in a structured, commonly used and machine-readable format all personal data you have provided to us.
If you wish to submit a request to exercise one or more of the rights listed above, you can send an e-mail to [email protected]
9.1 You have the right to request access to all personal data processed by IMC pertaining to you. IMC reserves the right to charge an administrative fee for multiple subsequent requests for access that are clearly submitted for causing nuisance or harm to IMC.
9.2 You have the right to ask that any personal data pertaining to you that are inaccurate, are corrected free of charge. If a request for correction is submitted, such request shall be accompanied of proof of the flawed nature of the data for which correction is asked.
9.3 You have the right to withdraw your earlier given consent for processing your personal data, in which case clause 6.2 will apply.
9.4 You have the right to request that personal data pertaining to you be deleted if they are no longer required in light of the purposes outlined in article 3 or if you withdraw your consent for processing them. However, you need to keep in mind that a request for deletion will be evaluated by IMC against:
- overriding interests of the IMC, your financial institution, the payment service provider or any other third party;
- legal or regulatory obligations or administrative or judicial orders which may contradict such deletion.
Instead of deletion you can also ask that IMC limits the processing of your personal data if and when (a) you contest the accuracy of that data, (b) the processing is illegitimate or (c) the data are no longer needed for the purposes listed under article 3 but you need them to defend yourself in judicial proceedings.
9.5 You have the right to oppose the processing of personal data if you are able to proof that there are serious and justified reasons connected with his particular circumstances that warrant such opposition. However, if the intended processing qualifies as direct marketing, you have the right to oppose such processing free of charge and without justification.
9.6 You have the right to receive from us in a structured, commonly used and machine-readable format all personal data you have provided to us.
9.7 If you wish to submit a request to exercise one or more of the rights listed above, you can send an e-mail to [email protected]. An e-mail requesting to exercise a right shall not be construed as consent with the processing of your personal data beyond what is required for handling your request. Such request should clearly state which right you wish to exercise and the reasons for it if such is required. It should also be dated and signed, and accompanied by a digitally scanned copy of your valid identity card proving your identity. If you use the contact form, IMC may ask you for your signed confirmation and proof of identity.
IMC will promptly inform you of having received this request. If the request proves valid, IMC shall honour it as soon as reasonably possible and at the latest thirty (30) days after having received the request.
If you have any complaint regarding the processing of your personal data by IMC, you may always contact IMC via the e-mail address listed in this clause 9.7. If you remain unsatisfied with IMC’s response, you are free to file a complaint with the competent data protection authority, i.e. the Duch Data Protection Authority. For more information, visit https://www.autoriteitpersoonsgegevens.nl/