PRIVACY POLICY

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Data Protection Declaration

We are delighted that you have shown interest in our organisation. Data protection is of an exceptionally high priority for Cross-Border Commerce Europe.

The Internet pages of Cross-Border Commerce Europe are available without any indication of personal data; however, if a data subject wants to use special services via our website, personal processing data could become necessary. If the processing of personal data is necessary and there is no other legal ground for such processing, we generally obtain consent from the data subject.

The processing of personal data, such as the name, address, e-mail address, or telephone number of a data subject, shall always be in line with the General Data Protection Regulation (GDPR) and the country-specific data protection regulations applicable to Cross-Border Commerce Europe. Using this data protection declaration, our association would like to inform the general public of the nature, scope, and purpose of the personal data we collect, use and process. Furthermore, data subjects are informed, through this data protection declaration, of the rights to which they are entitled.

As the controller, Cross-Border Commerce Europe has implemented the necessary measures to ensure the complete protection of personal data processed through this website. However, Internet-based data transmissions may, in principle, have security gaps, so absolute protection may not be guaranteed. For this reason, every data subject is free to transfer personal data to us via alternative means, e.g., e-mail.

  1. Definitions

The data protection declaration of Cross-Border Commerce Europe is based on the terms used by the European legislator for adopting the General Data Protection Regulation (GDPR). Our data protection declaration should be legible and understandable for the general public and our members.

  1. Name and Address of the controller

The Controller for the General Data Protection Regulation (GDPR), other data protection laws applicable in Member states of the European Union and other provisions related to data protection are:

Cross-Border Commerce Europe SPRL
Avenue des Cérisiers 134/9
1200 Brussels
Belgium

  1. Collection of general data and information

Every user can visit the website of Cross-Border Commerce Europe without having to provide any personal details. Cross-Border Commerce Europe does not gather or store personal data in this connection. To improve our service provision, the website of Cross-Border Commerce Europe only collects anonymous data for statistical purposes; this process does not have any inference for users’ data.

When using this general data and information, Cross-Border Commerce Europe does not draw any conclusions about the data subject. Instead, this information is needed to (1) deliver the content of our website correctly, (2) optimise the content of our website, (3) ensure the long-term viability of our information technology systems and website technology, and (4) provide law enforcement authorities with the information necessary for criminal prosecution in case of a cyber-attack. Therefore, Cross-Border Commerce Europe analyses anonymously collected data to increase our association’s data protection and security. The anonymous data of the server log files are stored separately from all personal data provided by a data subject.

  1. Subscription to our newsletters

On the website of Cross-Border Commerce Europe, users are allowed to subscribe to our newsletter. The input mask used for this purpose determines what personal data are transmitted and when the newsletter is ordered from the controller.

Cross-Border Europe informs its subscribers and members weekly by sending a newsletter about the latest news on e-commerce. The data subject may only receive the newsletter if (1) the subject has a valid e-mail address and (2) the data subject registers for the newsletter. A confirmation e-mail will be sent to the e-mail address registered by a data subject for the first time, following the double opt-in procedure for legal reasons. This confirmation e-mail is used to prove whether the owner of the e-mail address as the data subject is authorised to receive the newsletter.

During the registration for the newsletter, we also store the date and time of the registration. The collection of this data is necessary to understand the (possible) misuse of the e-mail address of a data subject at a later date, and it, therefore, serves the aim of the legal protection of the controller.

The personal data collected as part of a registration for the newsletter will only be used to send our newsletter. In addition, subscribers to the newsletter may be informed by e-mail, as long as this is necessary for the operation of the newsletter service or a registration in question, as this could be the case in the event of modifications to the newsletter offer or in the event of a change in technical circumstances. There will be no transfer of personal data collected by the newsletter service to third parties. The data subject may terminate the subscription to our newsletter at any time. The consent to the storage of personal data, which the data subject has given for sending the newsletter, may be revoked at any time. For revocation of consent, a corresponding link is found in each newsletter. It is also possible to unsubscribe from the newsletter at any time by sending an e-mail to the controller at info@cbcommerce.eu.

  1. Newsletter (tracking)

The newsletter of Cross-Border Commerce Europe contains so-called tracking hyperlinks for statistical analysis of the success or failure of online marketing campaigns. Based on the embedded tracking hyperlinks, Cross-Border Commerce Europe may see if an e-mail was opened and which links in the e-mail were called up by the audience anonymously.

We do not collect any personal data in this process. Data collected in the tracking hyperlinks contained in the newsletters are stored and analysed by Cross-Border Commerce Europe to optimise the sending of the newsletter and adapt the content of future newsletters even better to our audience’s interests.

  1. Contact possibility via the website

The website of Cross-Border Commerce Europe contains information that enables quick electronic contact with our association and direct communication with us, including a general address of the so-called electronic mail (e-mail address). If a data subject contacts the controller by e-mail or via a contact form, the personal data transmitted by the data subject are automatically stored. Personal data transmitted voluntarily by a data subject to the controller are stored for processing or contacting the data subject. There is no transfer of this personal data to third parties.

  1. Routine erasure and blocking of personal data

The data controller shall process and store the subject’s data only for the period necessary to achieve the purpose of storage or as far as this is granted by the European legislator or other legislators in laws or regulations to which the controller is subject.

If the storage purpose is not applicable, or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data are routinely blocked or erased by legal requirements.

  1. Rights of the data subject   

a.   Right of confirmation

Each data subject shall have the right granted by the European legislator to obtain from the controller the confirmation as to whether or not personal data concerning him or her are being processed. If a data subject wishes to avail himself of this right of confirmation, he or she may, at any time, contact Cross-Border Commerce Europe.

b. Right of access

Each data subject shall have the right granted by the European legislator to obtain from the controller free information about his or her data stored at any time and a copy of this information. Furthermore, the European directives and regulations grant the data subject access to the following information:

  • the purposes of the processing;
  • the categories of personal data concerned;
  • the recipients or categories of recipients to whom the personal data have been or will be disclosed, particularly recipients in third countries or international organisations. Where this is the case, the data subject shall have the right to be informed of the appropriate safeguards relating to the transfer.
  • where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
  • the existence of the right to request from the controller rectification or erasure of personal data, or restriction of processing of personal data concerning the data subject, or to object to such processing;
  • the existence of the right to complain with a supervisory authority;
  • where the personal data are not collected from the data subject, any available information as to their source;
  • the existence of automated decision-making, including profiling, referred to in Articles 22(1) and (4) of the GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and envisaged consequences of such processing for the data subject.

If a data subject wishes to avail himself of this right of access, he or she may, at any time, contact Cross-Border Commerce Europe.

c. Right to rectification

Each data subject shall have the right granted by the European legislator to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including providing a supplementary statement.

If a data subject wishes to exercise this right to rectification, he or she may, at any time, contact any Cross-Border Commerce Europe.

d. Right to erasure (Right to be forgotten)

Each data subject shall have the right granted by the European legislator to obtain from the controller the erasure of personal data concerning him or her without undue delay, and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies, as long as the processing is not necessary:

  • Personal data are no longer necessary for collecting or otherwise processing purposes.
  • The data subject withdraws consent to which the processing is based according to point (a) of Article 6(1) of the GDPR or point (a) of Article 9(2) of the GDPR, and where there is no other legal ground for the processing.
  • The data subject objects to the processing under Article 21(1) of the GDPR, and there are no overriding legitimate grounds for the processing. The data subject objects to the processing according to Article 21(2) of the GDPR.
  • Personal data have been unlawfully processed.
  • The personal data must be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject.
  • Personal data have been collected concerning the offer of information society services referred to in Article 8(1) of the GDPR.
  • Suppose one of the reasons above applies, and a data subject wishes to request the erasure of personal data stored by Cross-Border Commerce Europe. In that case, he or she may, at any time, contact Cross-Border Commerce Europe. Cross-Border Commerce Europe shall promptly ensure that the erasure request is complied with.

Where the controller has made personal data public and is obliged according to Article 17(1) to erase the personal data, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform other controllers processing the personal data that the data subject has requested the erasure by such controllers of any links to, or copy or replication of, those personal data, as far as processing is not required. Cross-Border Commerce Europe will arrange the necessary measures in individual cases.

e. Right of restriction of processing

Each data subject shall have the right granted by the European legislator to obtain from the controller restriction of processing where one of the following applies:

  • The accuracy of the personal data is contested by the data subject for a period enabling the controller to verify the accuracy of the personal data.
  • The processing is unlawful, and the data subject opposes the erasure of the personal data and requests the restriction of their use instead.
  • The controller no longer needs the personal data for the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims.
  • The data subject has objected to processing under Article 21(1) of the GDPR pending the verification of whether the controller’s legitimate grounds override those of the data subject.
  • Suppose one of the conditions above is met, and a data subject wishes to request the restriction of the processing of personal data stored by Cross-Border Commerce Europe. In that case, he or she may contact Cross-Border Commerce Europe anytime. Cross-Border Commerce Europe will arrange the restriction of the processing

f. Right to data portability

Each data subject shall have the right granted by the European legislator to receive the personal data concerning him or her, provided to a controller, in a structured, commonly used and machine-readable format. He or she shall have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, as long as the processing is based on consent under point (a) of Article 6(1) of the GDPR or point (a) of Article 9(2) of the GDPR, or a contract under point (b) of Article 6(1) of the GDPR, and the processing is carried out by automated means, as long as the processing is not necessary for the performance of a task carried out in the public interest or the exercise of official authority vested in the controller.

Furthermore, in exercising his or her right to data portability according to Article 20(1) of the GDPR, the data subject shall have the right to have personal data transmitted directly from one controller to another, where technically feasible and when doing so does not adversely affect the rights and freedoms of others.

To assert the right to data portability, the data subject may at any time contact Cross-Border Commerce Europe.

g. Right to object

Each data subject shall have the right granted by the European legislator to object, on grounds relating to his or her particular situation, at any time, to the processing of personal data concerning him or her, which is based on point (e) or (f) of Article 6(1) of the GDPR. This also applies to profiling based on these provisions.

Cross-Border Commerce Europe shall no longer process the personal data in the event of the objection unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject or for the establishment, exercise or defence of legal claims.

Suppose Cross-Border Commerce Europe processes personal data for direct marketing purposes. In that case, the data subject shall have the right to object to the personal processing of data concerning him or her for such marketing. This applies to profiling to the extent that it is related to direct marketing. Suppose the data subject objects to Cross-Border Commerce Europe processing for direct marketing purposes. In that case, Cross-Border Commerce Europe will no longer process personal data for these purposes.

In addition, the data subject has the right, on grounds relating to his or her particular situation, to object to the processing of personal data concerning him or her by Cross-Border Commerce Europe for scientific or historical research purposes or statistical purposes under Article 89(1) of the GDPR, unless the processing is necessary for the performance of a task carried out for reasons of public interest.

The data subject may contact Cross-Border Commerce Europe to exercise the right to object. In addition, the data subject is free in the context of using information society services, and notwithstanding Directive 2002/58/EC, to use his or her right to object by automated means using technical specifications.

h. Right to withdraw data protection consent

Each data subject shall have the right granted by the European legislator to withdraw his or her consent to processing his or her data at any time.

If the data subject wishes to exercise the right to withdraw the consent, he or she may, at any time, contact Cross-Border Commerce Europe.

  1. Legal basis for the processing

Art. 6(1) lit. a GDPR serves as the legal basis for processing operations for which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract we concluded with you, as is the case, for example, of a membership agreement, the processing is based on Article 6(1) lit. b GDPR. The same applies to processing operations necessary for pre-contractual measures, such as inquiries concerning our services. Is our association subject to a legal obligation by which processing of personal data is required, such as for the fulfilment of tax obligations, the processing is based on Art. 6(1) lit. c GDPR. In rare cases, the processing of personal data may be necessary to protect your vital interests or of another natural person. Then the processing would be based on Art. 6(1) lit. d GDPR. Finally, processing operations could be based on Article 6(1) lit. f GDPR, if the processing is necessary for the legitimate interests pursued by our association or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require personal data protection. We will inform you of our legitimate interest in the processing when we process on this basis.

  1. Period for which the personal data will be stored

The criteria used to determine the period of storage of personal data is the respective statutory retention period. After the expiration of that period, the corresponding data is routinely deleted as long as it is no longer necessary for the fulfilment of the contract or the initiation of a contract.

  1. Provision of personal data as a statutory or contractual requirement; Requirement necessary to enter into a contract; Obligation of the data subject to provide the personal data; possible consequences of failure to provide such data

We clarify that the provision of personal data is partly required by law (e.g. tax regulations) or can also result from contractual provisions (e.g. information on the contractual partner). Sometimes it may be necessary to conclude a contract that the data subject provides us with personal data, which we must subsequently process. The data subject is, for example, obliged to provide us with personal data when our association signs a contract with him or her. The non-provision of personal data would mean that the contract with the data subject could not be concluded. Before the data subject provides personal data, the subject must contact Cross-Border Commerce Europe. Cross-Border Commerce Europe clarifies to the data subject whether the provision of the personal data is required by law or contract or is necessary for the conclusion of the contract, whether there is an obligation to provide personal data and the consequences of non-provision of the personal data.

  1. Existence of automated decision-making

As a responsible association, we do not use automatic decision-making or profiling.

  1. Links to other websites, iFrames, social media widgets

The website of Cross-Border Commerce Europe contains hyperlinks and iFrames to third-party websites that Cross-Border Commerce Europe does not manage. Any personal data that data subjects provide on third-party websites is subject to third-party privacy policies. Cross-Border Commerce Europe does not influence the practices and policies of such third-party websites.

Our website has buttons that link to LinkedIn and Twitter. The providers of these third-party social widgets may set cookies to collect information regarding our website users and their interactions with the social widgets. Please review the privacy policies of the social widget providers for more information. Cross-Border Commerce Europe does not influence the practices and policies of such third-party websites.

  1. Updates to this Privacy Policy

Cross-Border Commerce Europe may make periodic changes to this Privacy Policy, posted on this page, without notice. We will indicate in this Privacy Policy the date of the latest revision. All changes will be effective from that date. However, in case any modifications to this Privacy Policy significantly alter your rights or obligations, Cross-Border Commerce Europe will take the necessary steps to notify you of the change and, where required by applicable law, to obtain your consent.

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