This Privacy Policy (“Policy”) applies to the website https://itotfoundation.com/ (Website), owned and operated by: ITOT Private Stichting (private foundation), with registered office at 2590 Berlaar (Belgium), Bossen 16, CBE Antwerp, division Mechelen, registered in the Crossroads Bank for Enterprises under the number 0795.491.456 (hereafter referred to as “ITOT”).
This Policy specifies which Personal Data are collected of the user of this Website (“User”) by ITOT, the purposes for which the collected Personal Data are used and how efforts are made to ensure adequate protection of these Data.
All capitalized terms that are not defined in this Policy shall have the meanings as defined the 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 personal data and on the free movement of such data and repealing Directive 95/46/EU, hereinafter referred to as “GDPR”.
The Personal Data of the User and privacy are protected by ITOT in accordance with Belgian and European regulations on the protection of privacy. The following describes not only the rights as User, but also the way in which the User can exercise his rights.
By using the Website, disclosing the Personal Data, and accepting this Policy, the User expressly consent to the way ITOT collects and processes the Personal Data of the User as described in this Policy.
This is the latest version of this Policy, as updated on **th January 2023.
1. Personal Data
Personal Data (“Personal Data” or “Data”) includes all information relating to an identified or identifiable person. A person is considered ‘identifiable’ if he or she can be identified, directly or indirectly, in particular by reference to an identification number or to one or more factors specific to his or her physical, physiological, mental, economic, cultural, or social identity.
ITOT processes several types of Personal Data, depending on the services the User use on the Website and as relevant:
| Contact Information | title, surname, first name, company name, address, nationality, telephone number and e-mail address |
|---|---|
| Financial information | bank account number, financial institutions, as well as other financial details like credit/payment card details |
| Technical Information | IP address, geolocation, time zone setting, browser (plug-in) types and versions, operating system |
| History and logs | logins of user accounts |
| Cookies | see the Cookie Policy (link) |
2. Data management
ITOT ensures an important level of security for the Personal Data stored and processed. Both ITOT and its staff shall take the necessary technical and organizational measures to ensure the security of the processing to be carried out.
ITOT shall ensure, to the extent possible and reasonable, that Data are kept up to date and that incorrect, incomplete, and irrelevant Data are corrected or deleted.
Furthermore, ITOT shall ensure, to the extent possible and reasonable, that its employees and/or trusted service providers have only limited access to Data and processing facilities. In particular, they shall be restricted to persons who need them to perform their duties or to what is necessary for the needs of the service (of the Website). This way, ITOT seeks to provide an appropriate level of security for these Personal Data and their processing.
The Data subject will be obliged to provide ITOT with the requested Personal Data as this is a necessary condition for carrying out ITOT’s services. If the Data subject does not provide the requested Data, ITOT will not be able to provide the requested services.
ITOT will also use the Personal Data of the User for direct marketing purposes. This enables ITOT to keep you informed about its news update. The User gives his/her explicit consent for this, but he/she can withdraw this at any time.
3. Purpose of the processing
ITOT processes Personal Data for various purposes. For each processing, only the Data necessary to achieve the intended purpose are processed.
Specifically, ITOT pursues the following objectives:
| Contact Information | Purpose | Collecting contact information in order to answer questions, submitted through the Website, keep the User informed about ITOT and its planned activities, newsletter, general news of the activities of ITOT, etc., and to use the contact information for direct marketing purposes. |
|---|---|---|
| Grounds for processing | Performance of the agreement or taking pre-contractual measures and consent | |
| Personal Information | Purpose | Collecting personal information in order to register the User presence on campaigns, events to support ITOT’s objective, etc. |
| Grounds for processing | Performance of the agreement or taking pre-contractual measures and consent | |
| Financial Information | Collecting financial information in order to process the transactions and requests of donations. | |
| Performance of the agreement or taking pre-contractual measures and consent | ||
| Technical Information | Purpose | Collecting technical information to further optimise the quality, management, and content of the Website, to improve the Website in line with future developments, and to provide general statistics regarding the use of the Website. |
| Grounds for processing | Legitimate interest and consent | |
| History and logs | Purpose | Collecting your history and logs to further tailor the Website to general use and for future improvements. |
| Grounds for processing | Legitimate interest and consent |
The legitimate interest as grounds for processing is justified with respect to technical information, history, and logs since it is important for ITOT to improve and adjust the Website based on that information. The fact that ITOT processes this information, will benefit all users. In view of the Data collected, there is no case any violation of the fundamental rights and/or fundamental freedoms of the users.
The above reasons may not be exhaustive, and ITOT may at any time process the Personal Data for any other legitimate reason. In such cases, ITOT will notify as soon as possible the User of the reason. Updates of this Policy may constitute such a notification.
4. Legal basis of the processing
The processing of Personal Data by ITOT is therefore carried out on the basis of the following legal grounds:
5. Data receiving & sharing
ITOT receives your Personal Data in cases as and when:
ITOT will always share the Personal Data in a minimal way. However, to be able to follow through on the request or action of a User on the Website, ITOT may sometimes need to share Personal Data with third parties. The User therefore provides the express consent to share his/her Personal Data as described in this Policy. Processors and sub-processors of ITOT always act under the responsibility of ITOT. If ITOT contracts Processors or sub-processors this will always be done in accordance with a processor agreement that meets the requirements of the GDPR and that protects the Personal Data of the User as well as possible.
ITOT may share the Personal Data with third parties, for sending newsletters, storing, and processing the Personal Data, executing registration and payment request of donations, responding to the queries of the User, sending content, and for optimizing the Website.
ITOT will never share or sell the Personal Data of the User with or to commercial enterprises.
If ITOT has legitimately transmitted the Personal Data of the User to a third party (not being a Processor or sub-processor), ITOT shall not be liable for any unlawful processing or unlawful use by that third party.
6. Transfer of Personal Data to countries outside the EEA
Any transfer of Personal Data outside the European Economic Area (EEA) to a recipient residing or having its registered office in a country not covered by an adequacy decision issued by the European Commission shall be governed by provisions of a data transfer agreement which shall either (i) contain the standard contractual clauses set out in the “Decision of the European Commission of February 5, 2010 (Decision 2010/87/EC)” and lastly amended by the “Commission Implementing Decision (EU) 2021/914 of 4 June 2021”, or (ii) provide appropriate safeguards by any other mechanism under the Privacy Law or any other legislation concerning the processing of Personal Data.
7. Data retention
ITOT will store, keep, and process the Personal Data concerned for the entire period of time during which the data subject calls upon ITOT’s services.
After the data subject has indicated to ITOT that he or she no longer wishes to use the services of ITOT, for example by unsubscribing to the newsletter, or when the data subject uses his/her right to delete the Personal Data, the Personal Data will be deleted, unless other legal limitation or retention periods would require a longer period. This period should enable ITOT to meet its legal obligations, enforce requirements, resolve disputes, maintain security, prevent fraud or misuse, etc.
8. Rights of natural persons
ITOT will facilitate the exercise of the following rights:
In addition, the data subject shall have the right at any time to withdraw his/her consent to the processing of his/her Personal Data. Withdrawal of consent does not affect the processing of Personal Data (i) prior to such withdrawal, (ii) based on any legitimate ground for processing Personal Data, and (iii) in case of a legitimate interest of the processing.
In order for the Data subject to exercise its rights, the Data subject may submit its request, question or other by e-mail to ITOT at the e-mail address [**]. ITOT will respond to the customer’s request without delay and in any case within one month.
9. References to other websites
The website may contain hyperlinks to other websites. When one of these links is clicked on, it may be possible that the website or internet source referred to, will use the Personal Data via cookies or other technologies.
ITOT has no responsibility, liability, or authority to control these other websites or internet resources, or their collection, use or disclosure of Personal Data.
The Data subject shall observe the privacy policy of these other websites and internet resources to be able to judge whether they are acting in accordance with the privacy legislation.
10. Final provisions
If the data subject considers that the processing of his/her Personal Data is in breach of the provisions of the General Data Protection Regulation, he/she may submit a complaint to the competent supervisory authority.
ITOT expressly reserves the right to change this Privacy Policy at any time. The date of the most recent version is shown in the top right-hand corner of the Policy. Amended versions of this Policy take effect ten (10) days after their publication on the Website. Where required they will always be submitted for prior approval.
In the event of any discrepancy between the provisions of this Privacy Policy and any agreement between ITOT and any data subject, the provisions contained in the Policy shall prevail.
This Policy shall be governed, interpreted, and implemented in accordance with Belgian law, which applies exclusively in the event of any dispute. The Belgian Courts and the Mechelen division within the jurisdiction of Antwerp are exclusively competent to decide on any dispute that may arise from the interpretation or implementation of this Policy, without prejudice to the consumer’s right to present a dispute before the competent court based on a mandatory statutory provision.
