Date of last revision: 2020-10-18

1. General

This Privacy Policy applies to the online AV-KLOUD web page www.av-kloud.io (“Website”) and to the associated app (“App”), together AV-KLOUD Platform („Platform“). Platform is operated by AV-KLOUD b.v., Atomveldstraat 8 bus 8, 9450 Denderhoutem, Belgium (hereinafter jointly referred to as “Us”, “We” or “AV-KLOUD”). Unless otherwise specified under specific sections, this Privacy Policy applies to our Platforms. More details about how to get in contact with us can be found at the end of this Privacy Policy under no. 8.

We take your privacy extremely seriously. All data will be collected, stored and used by us in accordance with the European Union General Data Protection Regulation No. 2016/679 (“GDPR”), other statutory regulations.

The services offered by us via the Platform can function only if we collect, store, transfer, delete and/or otherwise use ("collect and use") specific data relating to you. Personal data means all information relating to an identified or identifiable natural person such as your name, date of birth, address or email address.

This Privacy Policy describes which of your data we collect and for what purposes we collect and use it when you use the services offered by us on the Platform. This Privacy Policy also contains important information on the protection of your data, especially the statutory rights you have in connection with it.

Certain services on our Platform are offered by third-party suppliers. When you use these services, the data protection regulations of the third-party suppliers will then apply in addition to this data protection statement. Prior to your use of such services, the third-party suppliers may require you to provide permission under data protection law.

Under applicable data protection laws, AV-KLOUD is obligated to inform you about data processing and how AV-KLOUD fulfills this obligation within this Privacy Policy. Under applicable data protection laws, AV-KLOUD can process data that is necessary for the performance of a Platform transactions.By using the Platform and our services, you enter into a legally binding contract between you and AV-KLOUD conditions of which are described in the AV-KLOUD Terms and Conditions of Use („Terms“).

2. Why and how do we collect and use your data?

2.1. To enable you to use the Platform, allow us to provide our services and perform our Terms.

We collect and use your personal data to allow you to use our Platform, to provide our services and especially to undertake trading transactions via the Platform, to use the electronic payment system or to leave reviews and communicate with other users. To use these services, you need an AV-KLOUD account. For this purpose, you must be registered as a user on the Platform.

Part of your data is required to fulfill our legal obligations when you are a member of our Platform. In case you do not provide us with this personal data, we will not be able to comply with legal requirements and provide our services.

This data is also used for improvement of the Platform in order to make it a better experience for our users (see 2.2.12).

AV-KLOUD collects your personal data to allow you to use our Platform, to provide our services and keeps it for as long as we keep your AV-KLOUD account - for 3 months from the date of deletion of your account or for 1 year and 3 months of inactivity on your account.

2.1.1. To enable registration on the Platform

When you will be registered as a member on the Platform, you must provide us the following data in order to carry out the registration procedure and create access to your AV-KLOUD account:

1. Account user name
2. Company legal name, legal address and ID number
3. Email address;
4. Your mobile phone number (optional);
5. Your full name;

Password will be created and provided to you upon completion of your registration. It can be changed later by yourself. Your registration data will be put in your user account profile being created.

2.1.2. To enable you to set up your profile additional information

If you decide to add profile details after your successful registration and your account creation on the Platform, we collect and use the following data when you choose to provide it:

1. Profile user photo or avatar

Your profile data and photo are visible to other users of the Platform. Legal basis for such collection and use is your consent (Art. 6 (1) (a) of the GDPR).

2.1.3. To enable you to create reviews to other users companies on the Platform

If you create reviews to other users companies, AV-KLOUD collect and use the following data for the purpose of making reviews publicly available on the Platform:

1. Review;
2. Star rating;
3. Company name;
4. Date and time of the review;

Legal basis for such collection and use is your consent (Art. 6 (1) (a) of the GDPR). You can, at any time, edit or delete your reviews left to other members.

Personal data collected and used for this purpose are kept for as long as we keep your AV-KLOUD user account – for 3 months from the date of deletion of your AV-KLOUD account or for 1 year and 3 months of inactivity on your account.

2.1.4. To receive company reviews from other users

When you receive company reviews from other users , we will collect and use the following data for the purpose of making reviews publicly available on the Platform:

1. Review;
2. Star rating;
3. Company name;
4. Date and time of the review
5. Your reply to the review.

Legal basis for such collection and use is the legitimate interest of our users and AV-KLOUD to build trust among them (Art. 6 (1) (f) of the GDPR).

Personal data collected and used for this purpose are kept for as long as we keep your AV-KLOUD account – for 3 months from the date of deletion of your AV-KLOUD account or for 1 year and 3 months of inactivity on your account.

2.1.5. To enable you to post in the forum and discuss with our community

The AV-KLOUD forum is where our community comes to talk and help each other by sharing experience and tips.  You can post comments in our forum, new forum topic is created by AV-KLOUD operator. We collect and use the following data which you voluntarily submit on the Platform:

1. Your user name;
2. Your profile picture;
3. Your forum posts;
4. Date and time of your post;
5. Total number of your posts on the Platform;
6. Likes under your post;
7. Your likes under other members’ posts;
8. Your favorite forum topics.

Legal basis for such collection and use is your consent (Art. 6 (1) (a) of the GDPR). You can delete your own forum topics and posts at any time.

Personal data collected and used for this purpose are kept for as long as we keep your AV-KLOUD account – for 3 months from the date of deletion of your AV-KLOUD user account or for 1 year and 3 months of inactivity on your account.

2.1.6. To send you important communication regarding the Platform

If you register on the Platform, we will send you Emails and messages via the Platform’s messaging system for the purpose of providing important notifications regarding yout Platform trading transactions.

Legal basis for the collection and use of data is the performance of a Terms which you are party (Art. 6 (1) (b) of the GDPR) and compliance with the legal obligations to which AV-KLOUD is subject (Art. 6 (1) (c) of the GDPR).

Personal data collected and used for this purpose are kept for as long as we keep your AV-KLOUD account – for 3 months from the date of deletion of your AV-KLOUD user account or for 1 year and 3 months of inactivity on your account.

2.1.7. To send you offers of Platform’s services

If you register on the Platform, we will send you offers related to AV-KLOUD services via the e-mail system (“Offers”).

Legal basis for the collection and use of data is our legitimate interest to provide offers to our members (Art. 6 (1) (f) of the GDPR, Art. 13 (2) of Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications).

Personal data collected and used for this purpose are kept for as long as we keep your AV-KLOUD account – for 3 months from the date of deletion of your AV-KLOUD user account or for 1 year and 3 months of inactivity on your account.

2.1.8. To provide you with customer support service

If you send us support help desk query, request or complaint, we will collect and use the following data for the purpose of providing you with customer support services you request on the Platform:

1. Your profile information;
2. Platform usage information;
3. Transaction information;
4. Inquiries;
5. Platform bug or malfunction information;
6. Other information submitted by you.

The type of information we collect can vary depending on your inquiry and support request.

Legal basis for the collection and use of data is the performance of a Terms to which you are party (Art. 6 (1) (b) of the GDPR).

Personal data collected and used for this purpose are kept for 2 years.

2.2 To ensure the security of your account and the Platform

AV-KLOUD strives to ensure that the accounts of our members and the Platform itself would be secure and protected from cyber attacks, unauthorized access and other related risks.

2.2.1. To track visits to the Platform for security purposes

When you connect to the Website or App, we collect and use the following data (logfiles):

1. IP address of your device;
2. Browser used by your device;
3. Content and URLs you connect to;
4. Date and time of your connections.

In the event of access via mobile devices, the following log files are also captured as part of your use of the AV-KLOUD App:

1. Model and manufacturer of your mobile device;
2. Operating system used by your mobile device (iOS, Android).

This data is used for security purposes, especially the prevention of cyber attacks such as data scraps and denial of service attacks and for preventing impermissible multiple applications.

Legal basis for such collection and use is our legitimate interest to protect the Platform and ensure its security and the legitimate interest of our members to ensure the safety of their accounts on the Platform (Art. 6 (1) (f) of the GDPR).

Personal data collected and used for this purpose are kept for 3 months.

2.3. To enable your payments for services

Payments on the Platform are carried out via payment service providers that provide payment processing and escrow services. AV-KLOUD does not offer payments via the Platform. Part of your data are required to fulfill our or our payment service providers’ legal obligations when you are a member of our Platform (Art. 6 (1) (c) of the GDPR). In case you do not provide us with this personal data, we or our payment service providers will not be able to comply with legal requirements and we will not be able to provide our services.

This data is also used for improvement of the Platform in order to make it a better experience for our members.

3. Right of amendment

As we are constantly developing our services, we reserve the right to change this Privacy Policy at any time subject to the applicable regulations. Any changes will be published promptly on this page. Regardless of the aforementioned, you should check this page regularly for any updates.

4. Your statutory rights regarding your data

4.1. What rights do you have?

Subject to conditions, limitations, and exceptions established by statutory data protection provisions, you have the right at any time:

• to be informed of the data we collect and use and to request access or demand a copy of the data concerned (right to access). All the data that you have actively provided for us on the Platform (1, 2.5 and 2.6) can also be accessed by you at any time in your AV-KLOUD user account;
• to demand the correction of inaccurate data and, subject to the nature of the collection and use, the completion of incomplete data (right to rectification). All the data that you have actively provided us with on the Platform (1, 2.5 and 2.6) can also be amended by Platform operator at any time on your request (except sent messages and any forum posts or reviews); 
• subject to just cause, to demand the deletion of your data (right to deletion);
• to demand restriction of the collection and use of your data, provided the statutory criteria are met (right to restrict processing);
• subject to the statutory criteria being met, to receive the data you have provided in a structured, current and machine-readable form and to transfer this data to another data controller or, where technically feasible, to have it transferred by AV-KLOUD (right to data portability);
• not to be subject to a decision based solely on automated processing, including profiling, which produces legal or similarly significant effects on you, unless the statutory conditions for such automated decision-making are met;
• to object to the collection and use of data – only where the collection and use is based on a task carried out in the public interest or in the exercise of official authority vested (Art. 6 (1)(e) of GDPR) or legitimate interest (Art. 6 (1)(f) of GDPR), including profiling, based on the same data collection and use grounds as explained in other sections of this statement (right to object). You also have the right to at any time object to the collection of your personal data for direct marketing purposes;
• to withdraw at any time any permission you have provided to us. Such withdrawal will not affect the lawfulness of collection and use carried out prior to withdrawal and based on the permission granted. You can withdraw your permission for the sending of our newsletter or marketing Email by  click "Unregister" at the end of the Marketing Email;
• not to receive discriminatory treatment while exercising your rights. 

To exercise any of the rights specified in this section, you can contact AV-KLOUD and submit your request using the contact details. Regardless of any other legal remedy, you also have the right at any time to submit a complaint to the supervisory authorities.

4.2. What is My Right to Know about my personal data collected, disclosed, or transferred?

You have the right to request that we disclose certain information to you about our collection and use of your personal data. Once we receive and verify your request we will disclose to you, depending on the nature of your request, personal data we collected about you, the categories of sources for the data we have collected about you, our business or commercial purposes for collecting or sharing that personal information, the categories of third parties with whom we share that personal information, and the specific pieces of personal information we collected about you. As explained above, we may have disclosed personal data to third parties for a business or commercial purpose. Thus, you have the right to know also personal data that we disclosed about you and the categories of third parties to whom the personal data was disclosed.

4.3. What is my Right to Request Deletion of my personal data?

You have a right to request the deletion of your personal data collected and maintained by us in case the information is not used in compliance with applicable laws. Once we receive and verify your request, we will delete (and direct our service providers to delete) your personal data from our records, unless applicable laws do not provide for deletion of the data in a particular case (for instance, retaining the data is necessary for us or our service provider(s) to complete the transaction for which we collected the personal data, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you, detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities, comply with a legal obligation, make other internal and lawful uses of that data that are compatible with the context in which you provided it).

4.4. What is my Right to Opt-Out of sharing my personal data with ad partners?

We do not provide your user account data to any advertising partners.

4.5. How will you verify my request?

Your request must provide sufficient information that allows us to reasonably verify you are the person or an authorized representative of a person whose personal data we have collected (name, surname, your public profile URL, your e-mail, other information we may request for verification purposes), describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it, provide a confirmation under a penalty that you are the individual whose personal data is the subject of the request. If your request is submitted by an authorized agent, a written permission and information that verifies the identity of the agent must be enclosed with the request. We cannot provide you with the information or exercise your other right if we cannot verify your identity or authority to make the request and confirm the information relating to you. In order to verify your identity, we may request you to provide additional information about yourself. We will only use this information and information provided in the request to verify your identity or authority to make the request.

5. Our contact details

If you have any queries regarding the collection and use of your personal data as part of your use of the Platform, or regarding your rights, please contact us athello@av-kloud.io