Introduction

This privacy statement applies to the processing of personal data by UP learning b.v. (CoC 09102364), hereinafter referred to as UP learning.

UP learning (hereinafter “we”) processes personal data from its customers, prospects and partners. We do this to help our customers in the best possible way and to achieve our goals. In this privacy statement, we explain why and how we process your personal data.

Our privacy policy covers communications with and services provided by UP learning to (potential) customers and partners.

What personal data do we process?

When you enter into an agreement with UP learning and/or register for e-mailings and/or request information, demonstrations, test accounts, price quotes, etc. through the UP learning web site, we ask you to provide personal and business details. These data can be combined in our CRM system with previously obtained data. By personal data we mean the personal information that you voluntarily leave on our website about yourself and/or your organisation. This includes all public information available on the Internet.

We process the following data from visitors to our website:

• Name, address, location
• Telephone number
• E-mail address, opt-in for e-mailings
• Gender
• Company, Position
• Contact history
• Interests
• (Non-)Attendance of events
• Browsing behaviour
• IP address, social ID, cookie ID
• Public data obtained from the Internet and social profiles

If you receive e-mails from us, we record your interactions (opening and clicking behaviour).

We process the following data from customers:

If you are a customer of ours or use our software or services, we also process invoice and payment data. We will also form a processing agreement with you.

Cookies: personal data and browsing behaviour

We use cookies at www.uplearning.be. A cookie is a text file that is placed on your desktop or mobile device by our website. You can choose not to accept these cookies. We will then not keep any information about you.

If you accept the cookies, during your visit to our website, cookies are placed that record your browsing and clicking behaviour in addition to personal data. These include your IP address, geographical information, browser type, the number of pages you visit, the duration of your website visit and other standard web statistics. The purpose of these cookies is to improve the user-friendliness of our website and to adapt the content of our communication to what we think is relevant to you, either on our website or via other channels.

Why do we process these personal data?

We use your personal data to provide the services you request. For example, for sending (personalised) e-mailings that we think are relevant to you. We use your information to inform you about other products or services offered by UP learning and its partners and to send important invitations to participate in surveys or events related to UP learning’s product and service offerings.

Your personal data is processed by UP learning for the following purposes:

• For the performance of the agreement(s) concluded with you, including invoicing (see legal ground 1)
• To comply with legal obligations (administration, retention and tax obligations) (see legal ground 2).
• To communicate with you through various channels (phone, post, e-mail, social media, website, within our software) from both a service and marketing perspective (see legal grounds 1 and 3).
• To customise the content of our communications with you to include what we think is relevant to you. For example, to inform you about new and/or additional products and/or services or to show you the most relevant advertisement (see legal ground 3).
• In order to help you with (support) questions (see legal ground 1).
• To improve our software and services (see legal ground 3).
• Legal grounds for processing
• The legal grounds for our processing purposes are:
  • Necessary for execution of a contract with you (Article 6 para. 1b GDPR);
  • Statutory obligations (Article 6 para. 1c GDPR)
  • Justified (marketing) interests of UP learning (Article 6 para. 1f GDPR).
  • Mandatory provision If we ask you for personal data, we will indicate per situation whether the provision of the data is necessary or mandatory and what the (possible) consequences are if the data are not provided. The basic principle is that UP learning will not process more personal data than necessary for the purposes described above.

Exchange with third parties

We never provide, sell, rent or lease your personal data to third parties, unless we are legally obliged to do so or you have given us your permission to do so.

We use service providers for the execution of our services. These are not ‘third party recipients’ but ‘processors’. These processors do not use the data for their own purposes and only process the personal data in accordance with UP learning’s instructions.

Automated decision making and profiling

UP learning does not use automated decision making and/or profiling.

Retention period

We do not store your personal data longer than necessary.

Security of personal data

UP learning has taken appropriate technical and organisational measures to secure personal data against loss or any form of unlawful processing, including:

• UP learning is ISO 27001 certified for all processes and all systems in the office and on our technical platform.
• Our website and software have an SSL certificate which guarantees visitors and users that (personal) data are sent through browsers via HTTPS, thus encrypting and securing the information. SSL (Secure Sockets Layer) is also used for online transactions (with credit cards), among other things.
• UP learning has taken extensive measures to cover the procedure in case of a data breach. More importantly, various technical and organisational measures have been taken to prevent data breaches.
• UP learning has a Security Officer/Data Protection Officer (DPO).

Rights of data subjects

UP learning safeguards all your privacy rights. Do you have any tips or comments? Please let us know! To exercise your rights, please contact us.

Information and inspection

You have the right to information on and access to the personal data we process about you. We are happy to tell you how and why we process these data.

Rectification

You have the right to have your personal data changed or even deleted if the data are not or no longer correct, or if the processing is not or no longer justified. Do you think the data we have on you is incorrect? If so, please let us know and we will adjust it.

Deletion

You have the right to request that we delete the personal data we hold on you. We may not be able to delete your personal data completely, as we still need to process some data for other purposes. For example, administration or other legal obligations.

Restriction

If you believe that we are processing your personal data unlawfully or incorrectly, you can also have the processing restricted.

Objection (opposition)

The right to object means that you can object to certain processing of personal data. You have this right for all processing that is not based on (1) your explicit consent, (2) its necessity with regard to the execution of a contract with you (3) the fulfilment of legal obligations or (4) the protection of your vital interests and those of others. If you object to the use of your personal data to inform you about our activities and similar (“direct marketing”) processing, we will always honour this. You can prevent further receipt of marketing and other e-mails from UP learning by clicking on the unsubscribe link in any e-mail you receive from us. Your data will then no longer be used for direct marketing purposes. If you object to other forms of processing of your personal data, we will assess whether we can accommodate your objection. In this case, it is up to us to prove that, despite your objection, we have a legitimate interest in continuing to process the personal data. If this balancing of interests turns out to be in your favour, we will cease processing your data.

Transferability

You have the right to receive (back) the personal data you have submitted to us in a common file format. This right only applies to the personal data that we process on the basis of your consent or a contract concluded with you. Moreover, the right applies only to data that we already process in digital form (i.e. not to analogue processing). You are free to pass those data on to another party.

Exercising of rights

The exercising of rights is free of charge for you, except in the case of abuse. You exercise the rights by contacting us.

Time frames

We will answer your questions/requests within one month. In the unlikely event that it takes longer to answer your question/request, we will inform you of this within one month. Due to the complexity of the requests and/or the number of requests, the response time may reach up to three months in total.

Individual assessment of each request

Please note that the rights described above are not absolute rights. There may be circumstances in which we are unable to comply with a particular request. We will always consider each request on its own merits. If we are unable to comply with a particular request, we will of course inform you of the reasons for this. You will then have recourse to legal action, if necessary. The right to object to the use of data for direct marketing purposes is absolute. Unsubscribing from our commercial communications will therefore be honoured in all cases.

Supervisory authority

Furthermore, you are always free to file a complaint with the supervisory authority. The supervisory authority for privacy legislation is the Dutch Data Protection Authority (AP). You can find the contact details for the Dutch Data Protection Authority via the website www.autoriteitpersoonsgegevens.nl.

Questions

Furthermore, you are of course free to ask questions about the personal data we process. For questions concerning privacy, please contact us using the contact details below.

Changes

UP learning reserves the right to modify this privacy policy. Any changes made will be published on this page. The most recent changes date from 24 May 2018. UP learning may process your personal data for new purposes not yet included in this privacy statement. In that case, we will contact you before using your data for these new purposes, to inform you of the changes to our regulations on the protection of personal data and to give you the opportunity to decline to participate.

Contact details

If you have any questions about this privacy statement or our privacy policy, or wish to exercise any of your legal rights, please contact us using the details below:

UP learning B.V.
Bennekomseweg 43
6717 LL EDE

General: 088 – 44 66 700
E-mail: info@uplearning.be