The Vinyl Foundation (VF) Web Site (the "Site") is an online information service, subject to your compliance with the terms and conditions set forth below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. VF MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
1. Copyright, Licenses and Idea Submissions.
The entire contents of the Site are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are VF, its affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant to VF a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail to VF by all means and in any media now known or hereafter developed. You also grant to VF the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against VF for any alleged or actual infringement or misappropriation of any proprietary right in your communications to VF.
Publications, products, content or services referenced herein or on the Site are the exclusive trademarks or servicemarks of VF. Other product and company names mentioned in the Site may be the trademarks of their respective owners.
2. Use of the Site.
You understand that, except for information, products or services clearly identified as being supplied by VF, VFdoes not operate, control or endorse any information, products or services on the Internet in any way. Except for VF- identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties, that are not affiliated with VF a. You also understand that VF cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. VF PROVIDES THE SITE AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND VF SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. VF DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. VF HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL VF BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF VF OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, VF LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
VF makes no representations whatsoever about any other web site which you may access through this one or which may link to this Site. When you access a non-VF web site, please understand that it is independent from VF, and that VF has no control over the content on that web site. In addition, a link to a VF web site does not mean that VF endorses or accepts any responsibility for the content, or the use, of such web site.
You agree to indemnify, defend and hold harmless VF, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service.
4. Third Party Rights.
The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification) are for the benefit of VF and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
5. Term; Termination.
This Agreement may be terminated by either party without notice at any time for any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use of the Service), 3 (Indemnification), 4 (Third Party Rights) and 6 (Miscellaneous) shall survive any termination of this Agreement.
This Agreement shall all be governed and construed in accordance with the laws of Belgium applicable to agreements made and to be performed in Belgium. You agree that any legal action or proceeding between VF and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Belgium . Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. VF's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. VF may assign its rights and duties under this Agreement to any party at any time without notice to you.
Any rights not expressly granted herein are reserved.
We understand that your trust in us, is the Vinyl Foundation’s most important asset (hereinafter referred to as "the Vinyl Foundation", "we" or "us"). As such, your privacy is essential for us.
This privacy statement (hereinafter referred to as "Privacy Statement") is applicable, inter alia, to (i) our website (hereinafter referred to as the "Website"), (ii) all (commercial) relations between the Vinyl Foundation and its customers, prospects and business partners and (iii) when visiting the building/office of the Vinyl Foundation.
This Privacy Statement includes information about the personal data collected by the Vinyl Foundation, as well as the manner in which the Vinyl Foundation uses and processes this personal data.
The Vinyl Foundation wishes to emphasize that it always attempts to act in accordance with (i) the Belgian Privacy Law of 8 December 1992 on privacy protection in relation to the processing of personal data and/or (ii) the EU Regulation of 2016 concerning the protection of individuals with regards to the processing of personal data, regarding the free movement of such data and repealing Directive 95/46/EC and (iii) all (future) Belgian laws regarding the implementation of this Regulation.
Visiting the Website, appealing on the services of the Vinyl Foundation, the purchase of products/goods of the Vinyl Foundation, subscribing for the newsletter, any communication with the Vinyl Foundation, creation of a (demo-) account, subscription to a seminar/webinar/event and downloading files implies your explicit approval (through disclosure of your personal information or opt-in) of the Privacy Statement and consequently how we collect, use and process your personal data.
Types of personal data
The Vinyl Foundation can collect and process the following personal data:
· Position - function
· E-mail address
· Telephone number (landline and/or mobile phone)
· Residence address
· ID number - Passport
· Birth date
· Social media data
· Camera and video footage
· Company name
· Company address
· Invoicing and payment details
· Licence plate of vehicles
· Geographical location data
· All personal data provided in the ‘free field’ when completing a contact form
· All personal data freely provided to the Vinyl Foundation (e.g. in light of correspondence with The Vinyl Foundation).
The Vinyl Foundation also automatically collects anonymous information regarding your use of the Website. As such, the Vinyl Foundation shall, for example, automatically log which sections of the Website and Platform you visit, which web browser you use, which website you visited when you obtained access to the Website. We cannot identify you through these data, but it allows the Vinyl Foundation to draw up statistics regarding the use of the Website.
Methods of personal data collection:
These personal data are collected in the context of:
· Visiting the Website
· Collaboration with the Vinyl Foundation
· Incoming and outgoing correspondence with the Vinyl Foundation
· Visiting the office/building of the Vinyl Foundation
· Creation of a (demo-)account
· Requesting an offer
· Subscription to the newsletter (whether or not through the Website)
· Appealing on the services of the Vinyl Foundation, whether or not through the Website and/or whether or not via the Website a mobile device
· Subscription to a webinar/seminar/event/etc.
· Exchanging business cards
· Verification of your identity (e.g. when a data subject contacts customer service)
· Registration for events and workshops
· Taking pictures, videos and minutes during events
· Recording webinars and conference calls after prior consent
· Registering visitors when entering the building
All personal data, collected by the Vinyl Foundation, are thus expressly and voluntarily provided by you.
Providing certain personal data is (sometimes) a requirement to be able to enjoy certain services (e.g. to gain access to certain parts of the Website, to subscribe to newsletters, to participate in certain activities and events). In this respect, it shall be indicated which data must be provided mandatory and which data is optional.
Use of personal data:
The Vinyl Foundation can use your personal data for the following purposes:
· Performance of the agreement with the Vinyl Foundation (incl. follow-up thereof)
· Responding to questions (whether or not received through the contact form)
· Optimising the quality, management and content of the Website
· Sending newsletters
· Creating statistics
· Drawing up a quote
· Follow-up after a meeting
· Creation of an account (free or paying) and the confirmation thereof
· Providing support/assistance (e.g. in case of problems)
· Send targeted marketing and advertising, updates and promotional offers based on your communication preferences and – where applicable – upon explicit consent
· Conducting customer satisfaction studies, surveys and other market research
· Registration of visitors at the office/building of the Vinyl Foundation
· Confirmation of the subscription of a webinar/seminar/event/etc.
· Issuing invoices and the collection thereof
· Legally required publications (Moniteur Belge, etc.)
Processing takes place on the following legal grounds, as the case may be:
· You have given consent to the processing of your personal data for one or more specific purposes
· Processing is necessary for the performance of the agreement with the Vinyl Foundation or in order to take steps at your request prior to entering into an agreement
· Processing is necessary for compliance with a legal obligation to which the Vinyl Foundation is subject
· Processing is necessary in order to protect your vital interests or of another natural person
· Processing is necessary for the performance of a task carried out in the public interest
· Processing is necessary for the purposes of the legitimate interests pursued by the Vinyl Foundation 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 protection of personal data.
Disclosure of personal data to third parties:
The Vinyl Foundation shall not disclose your personal data to third parties, unless it is necessary in the context of performing the agreement and optimisation thereof (including but not limited to the Vinyl Foundation). In this respect, your personal data may be disclosed to payment providers, software providers, cloud partner, transport partners, external consultants and service providers.
If it is necessary that the Vinyl Foundation discloses your personal data to third parties, the third party concerned is required to use your personal data in accordance with the provisions of this Privacy Statement.
Notwithstanding the foregoing, it is however possible that the Vinyl Foundation discloses your personal data:
· To the competent authorities (i) if the Vinyl Foundation is obliged to do so under the law or under legal or future legal proceedings and (ii) to safeguard and defend our rights
· If the Vinyl Foundation, or the majority of its assets, are taken over by a third party, in which case your personal data – which the Vinyl Foundation has collected – shall be one of the transferred assets
· The contact details of the Vinyl Foundation members to other the Vinyl Foundation members after prior consent
· To the participants of events after prior consent
In all other cases, the Vinyl Foundation will not sell, hire out or pass on your personal data to third parties, except when it (i) has obtained your permission to this end and (ii) has completed a data processing agreement with the third party in question, which contains the necessary guarantees regarding confidentiality and privacy compliance of your personal data.
Cross-border processing of personal data:
Any transfer of personal data outside the European Economic Area (EEA) to a recipient whose domicile or registered office is in a country which does not fall under the adequacy decision enacted by the European Commission, shall be governed by the provisions of a data transfer agreement, which shall contain (i) the standard contractual clauses, as referred to in the 'European Commission decision of 5 February 2010 (Decision 2010/87/EC)', or (ii) any other mechanism pursuant to privacy legislation, or any other regulations pertaining to the processing of personal data.
Storage of personal data:
Unless a longer storage period is required or justified (i) by law or (ii) through compliance with another legal obligation, the Vinyl Foundation shall only store your personal data for the period necessary to achieve and fulfil the purpose in question, as specified in the Privacy Statement under 'Use of personal data'.
Your privacy rights:
In light of the processing of your personal data, you enjoy the following privacy rights:
· Right of access to your personal data
· Right to rectification, completion or update of your personal data
· Right to delete your personal data ('right to be forgotten'). (The Vinyl Foundation wishes to point out that in this context certain services will no longer be accessible and/or can no longer be provided if you delete resp. request deletion of certain required personal data)
· Right to limit the processing of your personal data
· Right to transferability of your personal data
· Right to object to/oppose the processing of your personal data
If you wish to invoke your privacy rights please contact or complete the form for exercising your privacy rights and deliver it to the Vinyl Foundation by email or post.
In principle, you can exercise these rights free of charge via the above-mentioned form. In addition, you can always, via your personal account, update, modify and/or verify your personal data, which you were required to submit when creating your account.
If you no longer wish to receive newsletters or information about the services, products or goods of the Vinyl Foundation, you can unsubscribe at any time by clicking the "unsubscribe" button underneath each of the Vinyl Foundation’s impersonal emails or by replying “unsubscribe”.
Security of personal data:
The Vinyl Foundation undertakes to take reasonable, physical, technological and organisational precautions in order to avoid (i) unauthorised access to your personal information, and (ii) loss, abuse or alteration of your personal data.
The Vinyl Foundation shall store all personal data, which it has collected onsite and in the cloud with data centre(s) in and outside the EU.
Notwithstanding the Vinyl Foundation’s security policy, the checks it carries out and the actions it proposes in this context, an infallible level of security cannot be guaranteed. Since no method of transmission or forwarding over the internet, or any method of electronic storage is 100% secure, the Vinyl Foundation is, in this context, not in a position to guarantee absolute security.
Finally, the security of your account will also partly depend on the confidentiality and complexity of your password. The Vinyl Foundation will never ask for your password, meaning that you will never be required to communicate it personally. If you have nonetheless communicated your password to a third party – for example because this third party has indicated that it wishes to offer additional services - this third party shall have access to your account and your personal data via your password. In such cases, you are liable for the transactions which occur as a result of the use made of your account. The Vinyl Foundation therefore strongly advises you, if you observe that someone has accessed your account, to immediately change your password and contact us.
Update Privacy Statement:
The Vinyl Foundation is entitled to update this Privacy Statement by posting a new version on the Website. As such, it is strongly recommended to regularly consult the Website and the page displaying the Privacy Statement, to make sure that you are aware of any changes.
The Website may potentially contain hyperlinks to other websites. When you click on one of these links, you may be redirected to another website or internet source that could collect information about you through cookies or other technologies. The Vinyl Foundation does not bear any responsibility, liability or control authority over these other websites or internet resources, nor about their collection, use and disclosure of your personal data. You must check the privacy statements of these other websites and internet sources in order to be able to judge whether they act in accordance with the Privacy Legislation.
Contact The Vinyl Foundation:
If you have questions and/or remarks about this Privacy Statement or the manner in which the Vinyl Foundation collects, uses and/or processes your personal data, please contact us:
Via post: Avenue Cortenbergh 71, 1000 Brussels
In case you are not satisfied with the way the Vinyl Foundation handled your questions and/or remarks or have any complaints about the way the Vinyl Foundation collects, uses and and/or processes your personal data, note that you have the right to lodge a complaint with the Privacy Commission.
What are cookies?
A cookie is a small text file that a website saves on your computer or mobile device when you visit the site. It enables the website to remember your actions and preferences (such as login, language, font size and other display preferences) over a period of time, so you don’t have to keep re-entering them whenever you come back to the site or browse from one page to another.
On our website, we use two types of cookies, essential and analytical cookies. The first allow navigation on our website and the use of its functions, such as logging in to the members' area. The second collect information such as which pages you visit on our website, from what device or from what country you are accessing our website. In addition to our own cookies, we may also use various third-parties cookies.
How to control cookies?
You can control and/or delete cookies as you wish – for details, see aboutcookies.org . You can delete all cookies that are already on your computer and you can set most browsers to prevent them from being placed. If you do this, however, you may have to manually adjust some preferences every time you visit a site and some services and functionalities may not work.