Privacy Policy

Privacy Policy

Last update: April 16th, 2020

Purpose of the Privacy Policy

This document (hereinafter the “Privacy Policy”) describes how DISTROSHIP, a limited liability company with a capital of 30.000 euros, whose registered office is located at 36, rue de Strassen, L – 8094 Bertrange (Luxembourg), registered with the Luxembourg Trade and Companies Register under number B234612 (hereinafter the “Company” or “we”), processes the personal data of its clients and prospects, in compliance with Luxembourg and European regulations, in particular the Regulation (EU) 2016/679 of the European Parliament and of the Council 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 (said “GDPR”), hereinafter the “Data Protection Regulation” or the “Regulation”.

Words or expressions beginning with a capital letter and not expressly defined in the Privacy Policy shall, for the purposes hereof, have the meaning given to them in article 4 of the GDPR.

According to article 4 of the GDPR, the notion of personal data (hereinafter “Data”) shall mean any information relating to a natural person who can be identified, directly or indirectly, by reference to an identifier, such as a last name, an identification number, location data, an on-line identifier, or to one or more factors specific to his or her physical identity.

Within the scope of our activity, we process, in relation with the Data Protection Regulations, the Data of natural persons (personnel of our clients and prospects, service providers, subcontractors, occasional employees or their staff).

If you have signed a contract with our Company, the provisions of this contract that would be inconsistent with the terms of our Privacy Policy would take precedence over our Privacy Policy.

We reserve the right to make changes to this Privacy Policy. The “Last update” notice at the beginning of this Privacy Policy indicates the date this Privacy Policy was last modified.

All changes take effect at the time we publish the revised Privacy Policy. We may provide you with information and alerts about the Privacy Policy or the personal Data collected by posting them on our website and, if you are a client, by posting them in the application or by contacting you by email and/or by regular mail.

Through hyperlinks or features of the application, users can access websites or SaaS solutions belonging to third parties. DISTROSHIP is not responsible for the content of these third-party websites or SaaS solutions. We strongly advise you to consult the privacy policy of each site you visit. We have no control over, and assume no responsibility for the content, privacy policies or practices of any third-party website or service.

Information on the processing of your Data

We act as Data Controller when we ourselves determine the purposes and means of Data processing that we implement.

In order to ensure that the collection of your Data complies with the Regulations, the Company provides you with the following information:

Purposes and legal basis of the processing. Within the scope of our relations with our clients and prospects, we implement Data processing operations whose purposes are as follows:

1) Response to your questions and requests for information;

2) Management of our clients and prospects;

3) Implementation of business development measures by telephone or electronic means;

4) Management of client invoicing and payments;

5) Protecting our website and your account against security incidents;

6) Sending service-related messages, updates and security alerts.

The legal basis for such processing is your consent or the execution of a contract or pre-contractual measures or our legitimate interest.

Types of Data processed. The Data processed for these purposes relate to the identity and contact details of the persons concerned (gender, last name and first name(s), email address, telephone number). In order to improve our services, we also collect the connection data of the users (IP addresses, pages consulted, connection times, types of browsers used, etc.).

Mandatory nature of the data of the request form. In order to respond to your request for information, account opening or appointment, all the fields of the form identified by an asterisk or which are not identified as optional must be completed, and you must tick the box of consent to the processing of your Data. Otherwise, we will not be able to respond to your request.

Recipients of the Data. The Data is intended for the services of our Company, but some Data may be transmitted to third parties in the context of the use of our services, in particular to companies managing: email delivery, payment management, appointment making and communications management.

Transfer of Data to a third country. Personal Data may be transferred outside the European Union as part of the use of our services. Before transferring Data to a recipient located outside the European Union or the European Economic Area, we verify that the recipient has an adequacy decision from the European Commission. We also verify that our service providers located in the United States have an active data privacy shield. As such, you expressly authorize the Company to transfer personal data outside the European Union or the European Economic Area.

Data retention period. The length of time that the Data of the concerned natural persons are kept varies according to the purposes in question:

• The Data collected when the form is sent is kept for a period of three (3) years as from the last contact with the concerned natural person.
• With regard to the purpose of contract management and execution, the Data are kept for the duration of the execution of the contract, in an active base, then in intermediate archiving for a period of ten (10) years as from the execution of the last service covered by the contract that has not given rise to any reservations or disputes.
• However, the login data is only kept for a maximum period of six (6) months.

Exercise of the rights of the persons concerned. In accordance with the Data Protection Regulations, the concerned natural persons whose Data are processed by us have:

• the right to withdraw their consent at any time;
• a right to access their Data;
• the right to rectify or erase their Data;
• a right to limit the processing of their Data;
• the right to object to the processing of their Data;
• a right to the portability of their Data.

Any request relating to the exercise of your rights must be accompanied by your last name, first name(s), email address and physical address, and a copy of a valid identity document. The request can be exercised:

• either by regular mail sent to: DISTROSHIP, 36, rue de Strassen, L – 8094 Bertrange (Luxembourg);
• or by email at: privacy@kailix.com

These rights may be exercised after the death of the person concerned by any person designated by the latter under the conditions set out in the Regulations.

You have the right to submit a claim regarding the processing of your personal Data to the CNPD (Commission Nationale pour la Protection des Données), 1 avenue du Rock’n’Roll – L – 4361 Esch-sur-Alzette (Luxembourg).

Cookie management

Cookies are files that we place on your hard drive or in the memory of your device to enable you to use the application.

Most browsers can be set to delete or disable cookies. Each browser’s settings are different; please refer to your browser’s help menu. Disabling cookies may prevent the application from working.

The cookies necessary for the operation of your user session are kept for a period of two (2) hours as from the time they are deposited on your device.

Cookies related to your preferences (your preferred language, for example) are kept for a period of five (5) years as from the time they are placed on your device.

Applicable law

This Privacy Policy is governed by the law of Luxembourg.

Language

Users may access the Privacy Policy in French and, where applicable, for their convenience, its translation in English. In the event of any discrepancy between the French and English versions of the Privacy Policy, the French version shall prevail.