Privacy

PRIVACY POLICY 

GENERAL 

The website https://noktavisual.com (hereinafter, the “website”) is provided by:  Grimm Van Gestel, Scheldemolenstraat 49, 9130 Beveren – Company registration number: 0776.824.0696,  hereinafter referred to as Nokta Visual.

Nokta Visual respects the privacy of its customers, prospects and users of the website (hereinafter: “you” and “your”).

Nokta Visual processes personal data transmitted in accordance with the legislation in force, and in particular Regulation 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, applicable as of 25 May 2018 (hereinafter the “GDPR”).

Personal data are all data that can be traced back to a person, a so-called data subject. A data subject can be a prospect, a customer, a website visitor, a business partner (hereafter a “partner”), a supplier or any other person whose personal data are processed.

Access to the Website and/or the use of the services offered by Nokta Visual (such as for instance reviewing of the artworks, requesting  for a price quote, subscribing to the newsletter, contacting for more information about an artwork, purchasing an artwork) (hereafter jointly referred to as “Services”) implies your acceptance of this Privacy Policy implies your acceptance of the privacy policy (hereinafter the “Privacy Policy”) and the Cookie Declaration (hereinafter the “Cookie Policy”). You allow Nokta Visual, in accordance with the provisions of the Privacy Policy, to process your personal data that Nokta Visual receives from you through the website, social media, during contact moments or otherwise in connection with the Services. In principle, Nokta Visual obtains your personal data directly from you. However, if you choose to register via a social media account (e.g. Facebook), these data are collected via your social media profile. In that case, Nokta Visual advises you to consult the privacy policy of your social media service provider to find out which data are processed by them when you use the social media registration function.

The Privacy Policy applies to all pages hosted on the website and all company pages managed by Nokta Visual on social networks. The website may contain links to other third party websites. Although Nokta Visual only attempts to provide links to websites that share its high data protection standards, Nokta Visual is not responsible for the content and data protection policies of these websites. When you click on links to third party websites, it is advisable to read the privacy statements of the websites concerned before disclosing any personal data.

Any questions or requests regarding the processing of these data may be directed to the following address: info@noktavisual.com.

CONTROLLER OF PERSONAL DATA

Nokta Visual is the controller for processing your personal data and determines which personal data are collected, as well as the purpose and means of processing these personal data.

You are not obliged to disclose your personal data, but please note that certain services may not be provided and/or certain functionalities on the website may not be available if you do not disclose your personal data or refuse the use of certain cookies.

COLLECTION EN PROCESSING OF PERSONAL DATA, THE PURPOSES OF PROCESSING AND THE LEGAL GROUNDS

Processing of personal data of website users 

Which personal data?  When you visit the website, non-directly identifying information is processed, collected and recorded by means of cookies, pixel tags or similar technology, such as :

• Your browser preferences;
• The type of domain you connect with the interet
• Your IP address;
• The date and time of access to the Website and other traffic data;
• The pages visited;
• Location data or other data related to the communication;

• The platform and/or operating system used;
• The search engine and keywords used to find the Website;
• Demographic data (such as gender, age category, categories of interests).
• Social media profiles (such as categories of interests)

For which purposes? Nokta Visual processes these personal data for the following purposes:

• Analysing, adapting and improving the content and use of the website, monitoring the actions of website users, measuring the success of marketing campaigns, and including personal data in statistics after making the personal data anonymous so that the identity of specific individuals or companies cannot be traced, with your explicit, prior consent as the legal basis;

• Personalizing your experience on the website and facilitating navigation through cookies, with  your explicit, prior consent as legal basis;
• Offering ads tailored to you interests through targeted advertisements, called “remarketing”, with you explicit, prior consent as the legal basis.

For how long? For further information regarding “cookies”, and their duration, reference is made to the Cookie Declaration.

Processing of personal data of (potential) customers and business partners with a view to offer Services

Which personal data?  When you make use of one or more Services, or request information through the contact form, or by another communication technology, or when you are a business partner of Nokta Visual, Nokta Visual may collect and process the following personal data about you:

• Contact details (such as first and last name, function, title, company address, email address, telephone number, gender, Date of birth);
• Payment information (bank account number, IBAN and BIC /SWIFT, credit card number, expiration date);
• Invoice information, including company registration number;
• Communication content between you and Nokta Visual;
• Additional information necessary to identify you and/or to provide the Services.

For which purposes? Nokta Visual processes these personal data for the following purposes:

• The management of your account for the purpose of providing Services such as handling enquiries, requests and complaints, price quotation requests, customer administration, order management, deliveries, invoicing, verification of the registration of company, control of creditworthiness, age verification, support, with as legal basis the performance of a contract requested by you (if a customer or partner), or the legitimate interests of Nokta Visual to process your requests (if not a customer or business partner);
• Entering into and performing the contractual relationship with you (if customer or business partner), with as legal basis the performance of a contract requested by you and a legal obligation incumbent upon Nokta Visual (in particular, tax and accounting obligations and age verification).

For how long? Nokta Visual retains your personal data in view of the purposes set out above:

• If you are a customer or business partner : 10 years after the internal closing of the relationship.

• If you are a potential customer and you ask for information : 36 months after the last contact.

Processing of personal data of website users who have registered to receive the newsletter, and of  (potential) customers and business partners in order to  receive relevant business information and updates about Nokta Visual and his Services

Which personal data?  If you are a website user, (potential) customer or business partner of Nokta Visual, Nokta Visual may collect and process the following contact information: first and last name, function, title, profession, company address, email address, telephone number, date of birth, opt-in/opt-out for marketing and other material, the opening (or not) of the mailings and/or clicking through links in the mailing.

For which purposes? Nokta Visual processes these personal data for the following purposes:

• offering newsletters, special events and updates of its Services, as well as any other news about it, and to invite you to his events, on the legal basis of your explicit prior consent (if not a customer or a business partner) or the legitimate interests of Nokta Visual to serve its customer relationship (if customer or business partner).

• Sending (online and offline) direct marketing, campaigns and promotions, birthday card, with the legal basis of your explicit, prior consent (if not a customer or business partner), or the legitimate interests of Nokta Visual to promote its Services and to maintain the existing relationship retained (if customer or business partner).

For how long? Nokta Visual retains your personal data, in view of the purposes set out above, until such time as you inform Nokta Visual that you no longer wish to receive such information, updates or invitations or you withdraw your consent.

Processing of personal data of customers and partners to obtain feedback and for promotional purposes

Which personal data?  Nokta Visual collects customer’s and partner’s feedback, including information you share about your experience with Nokta Visual and its  Services. This information includes, in addition to your surname, first name, address, telephone number and email, your comments and suggestions, testimonials, quotes, photographs and other feedback.

For which purposes? Nokta Visual processes these personal data for the following purposes:

• To improve its Products, based on the legitimate interests of Nokta Visual in order to optimise its Products;
• To promote its studio with reference to the customer’s or business partner’s name and testimonials (e.g. on the website or in leaflets), with the customer’s or business partner’s express consent as the legal basis.

For how long? Nokta Visual retains your personal data, in view of the purposes set out above, 10 years after the internal closure of the relationship, or, if earlier, until you inform Nokta Visual that you no longer wish Nokta Visual to refer to your name and/or testimonials.

Processing of personal data of suppliers 

Which personal data?  If you are a supplier to Nokta Visual, Nokta Visual may collect and process the following personal data about you:

• Contact details (such as first and last name, company address, email address, telephone number);
• Payment information (bank account number, IBAN and BIC /SWIFT, credit card number, expiry date);
• Invoice information, including company registration number;
• Communication content between you and Nokta Visual;

• Additional information needed to identify you and/or required in the context of purchasing products or services.

For which purposes? Nokta Visual processes these personal data for the following purpose:

• The management of your account with a view to purchase products or services within the framework of the activities of Nokta Visual, such as supplier administration, invoicing, control of the capacity of “company”, control over creditworthiness, with as legal basis the legitimate interests of Nokta Visual to select and pay you as the supplier.

For how long? Nokta Visual retains your personal data, in view of the purpose set out above, 10 years after the last invoicing.

In addition to the personal data mentioned above, Nokta Visual may have additional personal data, insofar as these are communicated by you.  

THE MANNER IN WHICH PERSONAL DATA ARE OBTAINED

• Via the website: by filling in the contact form on the website;
• By telephone: when you provide your personal details to Nokta Visual by telephone;
• By e-mail: when you send an e-mail to info@noktavisual.com;
• Through the use of cookies, as explained above and further detailed in the Cookie Declaration;

• Through the use of pixel tags or similar technology;
• Through offline communication channels (such as correspondence or during a contact moment);
• Through publicly available sources such as LinkedIn.

COMMUNICATION TO THIRD PARTIES

Nokta Visual treats personal data as confidential information. Nokta Visual may provide your personal data to the following categories of third parties to the extent that this information is necessary for the purposes listed above:

• Business partners of Nokta Visual, with the goal to provide the Services
• Service providers of IT-related services (such as for data analysis, statistical purposes, communication purposes, messaging services, website maintenance, hosting purposes, support in protecting and securing the systems and services, cloud storage purposes);
• Marketing technology platforms;
• Consultants, financial, legal and tax advisors, accountants;
• Government agencies and authorities in connection with legal obligations;
• Service providers who support the fulfilment of the sale (e.g., payment service providers, parcel service);

• Insurers, suppliers, manufacturers, service providers and experts to the extent necessary for the performance of the contract in individual cases or for the fulfilment of specific tasks.

The communication of this information to the aforementioned persons shall in all circumstances be limited to what is strictly necessary or required by applicable law.

Your data may be provided to the competent authorities (Police and Justice) in the event of major violations of the law. In exceptional cases, Nokta Visual may have to disclose your personal data pursuant to a court order or to comply with other mandatory laws or regulations, which Nokta Visual believes are necessary to protect its rights, or to comply with a legal proceeding, a warrant, a request from a regulator, or any other legal proceeding involving Nokta Visual. Nokta Visual will make reasonable efforts to inform you of this in advance, unless legal restrictions do not allow this.

If Nokta Visual would be involved in an acquisition or sale of assets, or in a total or partial reorganization or cessation of its activities, your personal data may be transferred. Nokta Visual will make reasonable efforts to notify you before your personal data are transferred, and may be subject to a different privacy policy. However, you acknowledge that this may not be technically or commercially feasible under all circumstances.

YOUR RIGHTS

Nokta Visual does not subject you to automated decisions.

You have the following rights under the GDPR:

• Right to information regarding the purposes of the processing and the identity of the data controller (see paragraph 1 above);
• Right of access: you may at any time have access to the personal data that Nokta Visual processes about you, or check whether these are included in the database;
• Right of rectification: Nokta Visual will take all reasonable measures to keep your data up to date; if data is incorrect or incomplete, you have the right to request Nokta Visual to rectify it;
• Right of objection: you can object at any time to the processing of your data for serious and legitimate reasons;

• Right of erasure: you may at any time request the erasure of your personal data, with the exception of those that Nokta Visual is legally obliged to keep;
• Right to restriction of processing: you can also request a restriction of processing if, among other things, you have objected to the processing, if you dispute the accuracy of the data or if the processing of personal data is unlawful;
• Right to free data portability: you have the right to receive your personal data processed by Nokta Visual in a structured, commonly used and machine-readable form and/or to transmit them to another data controllers;
• Right to withdraw consent: insofar as the processing is based on your prior consent, you have the right to withdraw such consent without affecting the lawfulness of processing based on your consent before such withdrawal.

You may exercise your rights by sending a written request, accompanied by a copy of your identity card or passport, to the controller by e-mail: info@noktavisual.com or by using the “contact” section of the website. Nokta Visual will take the necessary steps to process any request within the shortest possible time and in any case within one month of receipt of the request. If necessary, this period may be extended by two months in view of the complexity and number of requests.

In the context of direct marketing by electronic means, this means that you can unsubscribe from the newsletter and other commercial communications at any time, free of charge and without justification. You can unsubscribe by sending an email to the following address: info@noktavisual.com or by clicking on the ‘unsubscribe’ link as shown at the bottom of each email.

You have the right to lodge a complaint to the Data Protection Authority, rue de la Press 35, 1000 Brussels, Tel +32 (0)2 274 48 00, Fax +32 (0)2 274 48 35, e-mail: contact@apd-gba.be. If you should suffer damage as a result of the processing of your personal data, you can also file a claim for damages before the Belgian civil courts.

SECURITY

Nokta Visual has implemented the appropriate technical and organizational measures, in order to avoid as much as possible the destruction, loss, falsification, alteration, unauthorized access by third parties of personal data collected as well as any other unauthorized processing of these data.

Nokta Visual takes all reasonably possible measures to ensure the confidentiality of the personal data provided by you. However, you acknowledge that the transmission of personal data via the website, or more generally via the internet, is never without risk. As far as permitted by applicable law, you agree that Nokta Visual cannot be held liable for any direct or indirect damages that you would suffer as a result of an unlawful or faulty use of your personal data by third parties who would not have permission to do so.

TRANSFER TO A COUNTRY OUTSIDE THE EUROPEAN ECONOMIC AREA

In the context of the purposes listed above, Nokta Visual may share your personal data with third parties located in a non-EEA country. In such case, Nokta Visual will only transfer such data in compliance with the applicable data protection laws and within the limits allowed, for example by ensuring the transfer is based on an adequacy decision by the European Commission, or by providing appropriate safeguards through the standard data protection clauses (known as the “standard contractual clauses) adopted by the European Commission.

You may contact Nokta Visual at the following address: info@noktavisual.com if you wish to obtain a copy of the standard contractual clauses that may have been entered into or information about other appropriate measures taken.

UPDATES AND CHANGES TO THE PRIVACY POLICY

Nokta Visual may amend and modify this Privacy Policy by providing this information to you via the website, email or any other means, in particular to comply with any new applicable laws and/or regulations (such as the GDPR), the recommendations of the Data Protection Authority, the guidelines and recommendations of the European Data Protection Authority and the decisions of the courts and tribunals in this area.

It is recommended to consult the Privacy Policy on a regular basis by reference to the date of the last modification as shown at the bottom of this document. If you do not agree to any change to the Privacy Policy, please stop using the website immediately, and ask the data controller to delete your personal data as described above.

VALIDITY OF CONTRACTUAL CLAUSES

Failure by Nokta Visual to invoke any of the provisions of this Privacy Policy, may not be interpreted as a waiver to subsequently make use of its rights under said provision Policy.

The invalidity, nullity or unenforceability of any or all of the foregoing or following provisions shall not give raise to the invalidity of the entire Privacy Policy. Any provision that is invalid, void or unenforceable in whole or in part shall be deemed unwritten. Nokta Visual undertakes to replace this provision with another that, to the extent possible, fulfils the same objective.

APPLICABLE LAW AND COMPETENT COURT

The validity, interpretation and/or implementation of the Privacy Policy are subject to Belgian law. In the event of a dispute concerning the validity, interpretation or implementation of the Privacy Policy, the courts and tribunals of Antwerp shall have exclusive jurisdiction. Before taking any step towards a judicial resolution of a dispute, you agree that both parties undertake to attempt to resolve it amicably, and where appropriate, through mediation.

Privacy Policy – last update April 2022