Privacy policy

Disclaimer, Privacy and Cookie Policy PAB

1. Use of the Website and Limitation of Liability

The domain and website “desmaakclub.be” & “leclubdessaveurs.be” (hereinafter referred to as the “Website”) are owned and operated by PAB NV, with its registered office at Kruisbaan 76, 2800 MECHELEN, Belgium, and with company number BE0404.829.795 (hereinafter referred to as “PAB”). The following information applies to any use of the Website by any user thereof (hereinafter the “User”).

The data on the Website are generally intended for informational purposes in connection with PAB’s services. The information on the Website is of a general nature. It is not tailored to personal or specific circumstances and should not be considered as personal advice to the User. The use of it is at the User’s own risk, and PAB cannot be held liable for inaccuracies or omissions in the information provided of any kind (for example, the accuracy of prices or the availability of products). Information that is of essential importance to the User must, if necessary, be verified for its accuracy with PAB or the relevant provider. The content of the Website can be updated regularly, and PAB reserves the right to modify or remove content at any time without notice.

The content of the Website, including trademarks, logos, designs, data, product and/or company names, texts, images, software, etc., is protected by intellectual property rights belonging to PAB or third parties that have granted PAB the right to use it. The User is not entitled, for any reason, to modify, copy, distribute, transmit, disseminate, reoffer, reproduce, publish, license, transfer, or sell any information, software, products, or services obtained from this Website or to create derivative works from the aforementioned elements unless express permission has been granted by PAB.

Under no circumstances can PAB be held liable to anyone, directly or indirectly, for any damage resulting from the use of this Website or any other website, especially as a result of links or hyperlinks, including, but not limited to, all losses, work interruptions, damage to programs or other data on the User’s computer system, hardware, software, or the like.

Any links to other websites in no way imply recognition or approval of the content of these sites, and PAB is not responsible for the use made of these websites or for the information contained therein. PAB is not responsible for opinions expressed by others in discussion groups, information groups, forums, etc.

While PAB strives to keep the Website continuously available, it reserves the right to interrupt access to the Website at any time for technical or other reasons without prior notice. PAB also reserves the right to terminate its services without being liable for these interruptions or the potential consequences thereof for the User or third parties.

2. Collection and Processing of Personal Data

2.1. General

This privacy and cookie policy (“Privacy Policy”) governs the processing of personal data that are collected, processed, and stored in connection with the use of the Website and the conclusion or execution of an agreement between PAB and the User in relation to the services (“Services”) and/or products (“Products”) that PAB offers or delivers. This processing is carried out by PAB NV (with its registered office at Kruisbaan 76, 2800 MECHELEN, Belgium).

By using our Website, Services, and/or Products, the User acknowledges having carefully read this Privacy Policy and unconditionally agrees that certain personal data will be collected and processed in accordance with the purposes described below. The personal data are processed based on the following legal grounds: (i) the User’s consent and/or (ii) the contractual relationship as soon as the User purchases the Services and/or Products. If the User objects to the processing of personal data, the agreement cannot be executed further, and the User cannot continue using the Services and/or Products. PAB reserves the right to modify this Privacy Policy from time to time without individual notification. Such changes will be communicated via the Website.

2.2. Purpose and Objectives of Collection and Processing

To provide its services in a qualitative manner, PAB requires personal data. When the User uses the Website, Services, and/or Products, PAB collects and processes personal data relating to the User. PAB may ask for, collect, and/or process the following personal data via the Website or when concluding an agreement with PAB:

● First and last name;

● Gender; ● Full address, including country; ● Date of birth; ● Email address with associated password; ● Telephone number; ● IP address, date, and time of visit to the Website; ● Data collected through cookies; ● Information that may be relevant in assessing the suitability of Services and/or Products, such as taste preferences, purchasing behavior, preferred supermarkets, family composition, etc.

This is done, among others, for the following purposes:

● When filling out a contact form, contact details are collected to respond to a query. ● To allow PAB to contact the User regarding questions or the execution of orders or agreements; ● Sending confirmations and other information or documents related to the existence, execution, or termination of the agreement with PAB; ● Transmission to third parties and/or partners of PAB in an aggregated and anonymized manner, e.g., by age category, for the evaluation of these products by third parties and/or partners of PAB; ● To comply with legal obligations and improve services; ● For marketing purposes (such as making offers); ● In the interest of the proper technical functioning of the Website;

In addition to the above purposes, PAB may also process personal data for:

● Disseminating information about Products and Services in a personalized and efficient way, whether through the Website, email, phone, or social media; ● Providing the Services and/or Products that PAB offers; ● Direct marketing purposes, targeted communication, promotions, offers, and other advertisements from PAB; ● Carrying out statistical analyses to improve the Website, Services, and/or Products or develop new products or services; ● Providing brand owners with consumer insights that can initiate commercial initiatives; ● Transferring to the police or judicial authorities as evidence of possible crimes or if there are reasonable suspicions of an unlawful act or crime committed by the User through registration with or use of the Website, Services, and/or Products; ● When the registration or behavior of the User on the Website or the use of the Website, Services, and/or Products can be considered (a) a violation of terms or intellectual property rights or any other right of a third party, (b) a threat to the safety or integrity of the Services and/or Products, (c) a danger to the Website, Services, and/or Products or systems of us or our subcontractors as a result of viruses, Trojans, spyware, malware, or any other form of malicious code, or (d) in any way illegal, unlawful, discriminatory, or offensive.

PAB may share personal data with third-party providers based on PAB’s legitimate interest and/or receive information from other sources and combine it with information PAB collects through the Services:

● PAB uses third-party services that may be co-branded but will do so with clear notice. Third-party services may collect information as determined by their own privacy policies; ● PAB may collect information about the User from a third party. When the User uses the Website or connects with it through or via such a third-party platform, the User allows PAB to access and/or collect certain information from the profile/account of the third-party services as allowed by the service terms and the User’s privacy settings on the third-party platform; ● Advertisers or analytics providers may provide PAB with anonymized information about the User.

The User agrees that PAB may engage its partners and any subprocessors to process personal data in accordance with data protection laws. The User explicitly grants PAB permission to appoint subprocessors to perform the processing activities that are the subject of the agreement/relationship between the User and PAB. PAB will enter into a (sub)processor agreement or other legal instrument with these subprocessors.

PAB and its external processors will only process personal data within the EEA. However, PAB may transfer anonymized and/or aggregated data to organizations outside the EEA. If such a transfer takes place, PAB will ensure that appropriate safeguards are in place to ensure the security and integrity of the data and that all rights related to personal data are guaranteed as they would be under applicable mandatory law.

PAB is, however, in no way responsible for the processing practices of these external organizations. These data processing activities are subject to the privacy policies of these external organizations. The User is deemed to have been informed of these practices, among other things, by clicking the “Accept,” “Allow,” or similar button.

Through the following organization, data transfer takes place outside the EEA:

● Google Analytics – USA (Standard contractual clauses) ● Hubspot – USA (Standard contractual clauses) ● Meta – USA (Standard contractual clauses) ● TikTok – UK (Standard contractual clauses) ● LinkedIn – USA (Standard contractual clauses) ● Hubspot – USA (standard contractual clauses and EU data center)

2.3. Rights of the User

The User has the right to inquire with PAB about the personal data that PAB processes, the purpose and nature of the processing, and information about with whom PAB may share these data. For more information or questions about PAB’s (privacy) policy, the User can contact PAB at info@desmaakclub.be.

The User has the right to information about stored data, as well as the right to request rectification, restriction, or deletion of these data. The User may object to the use, processing, and transfer of personal data.

The User may request access to or updates of their personal data or request their correction or deletion (as long as it does not affect the services PAB provides). PAB reserves the right to refuse such requests if they jeopardize the privacy of others, are unreasonable, repetitive, or would require disproportionate efforts from PAB.

For any complaints regarding the processing of personal data, the User may contact PAB via info@desmaakclub.be.

If the User wishes for additional information or has a complaint regarding the processing of personal data by PAB, the User can always contact the Data Protection Officer via info@productsandbrandsgroup.com and/or the competent data protection authority (www.gegevensbeschermingsautoriteit.be).

2.4. Retention Periods

User’s personal data are generally kept as long as necessary to fulfill the purposes outlined in this document or until the User requests deletion or cessation of use.

PAB may retain collected personal data for up to 3 years after the User unsubscribes or after the last meaningful contact between PAB and the User.

Personal data processed via cookies will be stored for as long as the Website or future versions using the same personal data remain online. Retention periods of personal data processed via third-party cookies are determined by the respective cookie’s privacy policy.

Customer data and supplier/subcontractor data will, in any case, be deleted after 10 years from the termination of the agreement, unless required by law to be kept longer or in the case of an ongoing dispute.

2.5. Liability

The User indemnifies PAB against all costs, expenses (including legal costs), damages, losses (including business losses or loss of profits), liabilities, demands, claims, proceedings, etc., that PAB might incur due to: (i) PAB following the User’s instructions regarding the processing of personal data (including instructions regarding requests from individuals exercising their data protection rights and instructions to retain, disclose, modify, or otherwise process personal data), or (ii) any breach by the User of these terms.

PAB’s liability is always limited to the cases provided by law. PAB is only liable for damage caused by processing if the obligations set out in relevant laws specifically directed at processors are not complied with during processing or if actions are performed outside or in violation of the legitimate instructions of the data controller. In all cases, PAB’s liability is limited to direct damage and applies only in cases of gross negligence or fraud. The User indemnifies PAB at all times for any claims from third parties.

3. Cookies

The Website uses “cookies” to improve and personalize the user experience. A cookie is a small text file stored on the User’s device to help PAB identify the User and make the visit to the Website more user-friendly. Cookies provide PAB with information about the Website’s usage, which helps PAB improve the site. The information stored in these cookies can be sent back to PAB’s servers or those of relevant third parties PAB collaborates with.

The User can prevent the use of cookies. PAB requests the User’s consent for the use of cookies upon each visit to the Website, and by using the Website, the User gives this consent. If the User blocks cookies, it may negatively impact the user experience on the Website.

The Website may use different types of cookies:

Permanent cookies: These are set when the User logs in with an account. The next time the User visits the Website from the same device, the permanent cookie allows the User to be recognized as an existing user, so the User does not need to log in again.
Session cookies: A session cookie is used to identify a specific visit to the Website. Session cookies expire after a short period or when the User closes the browser used to access the Website.
Technical or functional cookies: These cookies ensure that certain parts of the Website work correctly and remember user preferences. By placing functional cookies, PAB ensures that the User can navigate the Website more easily. For example, these cookies ensure that the User does not need to re-enter the same information during each visit, and they enable the storage of items in the shopping cart. These cookies may be placed without the User’s consent.
Analytical cookies: Since statistics are collected anonymously, no consent is required for the placement of analytical cookies.
Advertising cookies: These cookies are used on the Website to personalize online advertisements for the User and to allow PAB (and third parties PAB works with) to gain insights into campaign results. This is done based on a profile created from click and browsing behavior on and outside the Website. A unique cookie ID is assigned to the User, ensuring that they do not see the same advertisement multiple times.
Marketing-tracking cookies: These cookies or other forms of local storage are used to create user profiles for displaying ads or to track the User across the Website or other websites for similar marketing purposes. Since these cookies are considered tracking cookies, PAB requests the User’s consent before placing them.

PAB uses cookies to determine when the User is logged in, allowing the appropriate information to be displayed and providing the User with a personalized experience. Additionally, cookies support or enable security features used by PAB, and help PAB detect malicious activity. PAB also uses cookies to know the User’s preferred language, communication preferences, and to assist with form filling on the Website. They also provide functionality and customized content for the User.

Lastly, PAB uses cookies to collect information about how the Website and any plugins perform globally, and to understand, improve, and investigate products, features, and services, even when the User accesses the Website from other websites, applications, or devices, such as a device not owned by the User or a mobile device (smartphone or tablet).

The Website includes buttons for social media platforms like Facebook and Instagram to promote or share web pages (e.g., “like”, “pin”, or “tweet”) on social networks such as Facebook and Instagram. These buttons work by embedding small pieces of code from these platforms. Through this code, cookies are placed. Social media buttons may also store and process certain data, allowing personalized ads to be shown to the User. It is recommended that the User reads the most current privacy statements from these parties to know what they do with personal data collected via these cookies. The information collected is anonymized as much as possible.

If the User tags PAB, the Website, or PAB’s products or features on social media, the User is assumed to consent to the tagging and/or sharing of their post by PAB on the Website or PAB’s social media profiles.