Versione #1, 15 giugno 2020

Privacy policy

We, Localtomorrow NV, Sint-Denijslaan 96, 9000 Ghent, Belgium, VAT BE0543469620, info@chocolatiersonline.com, hereinafter ‘Localtomorrow’, attach great importance to the protection of privacy and personal data of all users of our website, website application and application, hereinafter ‘Services’.

This privacy policy, hereinafter ‘Privacy Policy’, applies to the processing of your personal data as a natural person via our Services and applies to all potential, current and previous users of our Services. It does not apply to the processing of anonymized data or company data.

The registered merchant at whom you order or who you contact can process your personal data in the capacity of controller for the following purposes:

Processing orders from the clients to the Customer;
Answering to requests from the clients to the Customer;
Marketing from the Customer to its clients.

Furthermore, Localtomorrow can process your personal data in the capacity of controller for the following purposes:

To secure and optimize its Services;
To manage your account and execute its Services;
To answer to your requests addressed to Localtomorrow;
For research and statistical purposes;
For marketing.

In the cases and stipulations established by the law, you can exercise the following rights as a user of our Services:

Right of access
Right of rectification
Right of erasure
Right of limitation of processing
Right of transmission of the data
Right of rectracting one’s authorisation
Right of objection

If you wish to exercise (one of) these rights, you should always turn to the responsible party for the processing of your personal data, being the controller. Some of the rights above can be exercised via your account settings (if you have such an account). You can always contact the registered merchants via the contact details displayed on their page. Localtomorrow can be contacted via the contact details mentioned at the beginning of the Privacy Policy.

For the sake of completeness, we would like to inform you that you have the right to file a complaint with the data protection authority (for Belgium: https://www.dataprotectionauthority.be/).

As soon as we modify this Privacy Policy, you will be notified via our Services. If applicable, you, as a user, will be asked to accept the new and therefore most recent version of this Privacy Policy.

If you want to know more about how your personal data is processed using our Services, please consult the information below.

1. Which personal data is processed, and why?

With 'personal data', we mean any information on an identified or identifiable private individual. This means information, such as details, sound, images..., relating to a person, for example a name, address, location... that makes it possible to directly or indirectly identify a private individual. Anonymised data cannot identify a private individual and, therefore, do not constitute personal data. You can easily edit your data via your account settings. Here, you can also manage your email and newsletter preferences. Localtomorrow can use this data for purposes in line with this Privacy Policy and the Cookie Policy.

With 'processing', we mean any processing of data. Some examples: collecting, recording, deriving, saving, structuring, storing, consulting, viewing, sharing, sending, clearing, deleting, archiving, ...

The registered merchant at whom you order or who you contact can process your personal data in the capacity of controller for the following purposes:

1) Processing orders from the clients to the Customer, based on the contractual relationship or associated previous steps.

Personal identification details (last name, first name, email address, phone number, delivery address) order details (order time, order content, order type, order origin, payment method, amount) and financial identification details (account holder, cart number, payment method and bank account number) are being processed in order to prepare the order at the right moment and deliver it to the right individual and, if applicable, to correctly refund the warranty linked to a product. In case of problems relating to the order, these details can be used to contact you, but only in the context of customer service.

2) Answering to requests from the clients to the Customer, based on the contractual relationship or associated previous steps.

If you contact the registered merchant directly via the contact details provided on his page, your personal identification details (last name, first name, email address and phone number) are being processed, based on the contractual relationship or associated previous steps, in order to provide an answer to your request.

3) Marketing from the Customer to its clients, based on legitimate interests.

The registered merchants with whom you interacted in the past can inform you about their products and services and those of their partners by post or phone, based on legitimate interests.

The registered merchants at whom you placed an order can inform you about their products and services by email, based on legitimate interests. In case of email campaigns sent via the newsletter feature on our Services, you can unsubscribe via your account settings.

The legitimate interests are that it is important for the registered merchants to be able to inform their (potential) clients about products and services that might interest them. This kind of processing can include profiling. Profiling does not impact you, except that it can lead to a better customer experience and personalized offers, which are advantages for you. However, you are not obliged to give your personal data for this purpose. You can object to this (see further). In case of email campaigns sent via the newsletter feature on our Services, you can unsubscribe via your account settings.

The contact details of the registered merchants can be found via their page. The registered merchant is responsible for his use of our Services and has to apply the available features with due care. In this context, Localtomorrow only acts as a processor on behalf of the registered merchant.

Furthermore, Localtomorrow can process your personal data in the capacity of controller for the following purposes:

1) To secure and optimize its Services, based on the contractual relationship or associated previous steps.

Electronic identification details (IP address, cookies, HTML5-storage) and information relating to your device (browser, operating system, app version, …) are being processed to secure our Services, combat fraud, improve your browsing experience and optimize our Services. If (a part of) the processing would not be necessary to deliver on the purposes above, your explicit consent will be asked.

Localtomorrow can also use Google Analytics, a web analysis service provided by Google Inc. (hereinafter referred to as "Google"). However, Localtomorrow does not communicate any personal data to Google (How Google processes data can be found here). By analysing these data, Localtomorrow learns how the Services are used, so that Localtomorrow can improve and optimize them.

More information about the use of cookies can be found in our Cookie Policy.

2) To manage your account and execute its Services, based on the contractual relationship or associated previous steps.

Personal identification details (last name, first name, email address, phone number) are being processed, based on the contractual relationship or associated previous steps. These details allow Localtomorrow to create an account and enable the Services. Moreover, the contact details will only be used in the context of customer service.

Electronic localization details (GPS) will be processed if you make use of the ‘sort by distance’ function. These details are necessary in order for the feature to process your request.

Furthermore, Google Maps is applied to display the location of the registered merchants and, if applicable, to determine the shortest route to the shop from your location. However, Localtomorrow does not communicate any personal data to Google (How Google processes data can be found here. The general terms and conditions relating to Google Maps can be found here). The processing of these details is necessary to handle your request, being the display of the registered merchant’s location or the determination of the shortest route to the registered merchant’s location.

3) To answer to your requests addressed to Localtomorrow, based on the contractual relationship or associated previous steps.

If you fill in a Localtomorrow contact form, your personal identification details (last name, first name, email address and phone number) are being processed, based on the contractual relationship or associated previous steps, in order to provide an answer to your request.

4) For research and statistical purposes, based on legitimate interests.

Your personal details can be processed for research and statistical purposes, i.e. to conduct market research, measure customer satisfaction and to improve our Services.

In our opinion, statistical research can lead to an improvement of our Services and to innovation, which benefits both yourself and the community. This kind of processing can include profiling. Profiling does not impact you, except that it can lead to a personalized satisfaction research and improvement of our Services, which are advantages for you. However, you are not obliged to give your personal data for this purpose. You can object to this (see further).

Inoltre, elaboriamo i vostri dati in statistiche anonime che forniamo alle aziende affiliate. Questo fornisce loro una panoramica generale e aggregata sull'utilizzo dei nostri Servizi.

5) For marketing, based on legitimate interests.

If you have an account on our Services, we can inform you about our products and services and those of our partners by post or phone, based on legitimate interests.

If you have an account on our Services, we can also inform you about our products and services by electronic means of communication (e.g.: email), based on legitimate interests.

The legitimate interests are that it is important for you, as registered merchant and/or end user, to be informed about products and services that might interest you.

If you have given your explicit consent, we can also inform you by electronic means of communication (e.g.: email) about the products and services of our partners.

This kind of processing can include profiling. Profiling does not impact you, except that it can lead to a better customer experience and personalized offers, which are advantages for you. However, you are not obliged to give your personal data for this purpose. You can object to this or withdraw your consent (see further).

2. Who receives my personal data, next to Localtomorrow and the registered merchant?

1) Sub-processors

Localtomorrow acts as a processor on behalf of the registered merchant who wishes to use our Services to serve his (potential) clients as agreed upon via a data processing agreement between the registered merchant and Localtomorrow.

Furthermore, Localtomorrow relies upon external (sub)-processors. This means, among other things, we temporarily transfer data to third parties for certain tasks or research queries, if we don't have the means to perform these ourselves, for example hosting website, mail platform, helpdesk tools, cash connections, payment processing, … If we do this, we always ensure your data are processed in a confidential manner and used in a secure manner. We always stipulate this in an agreement concluded with these processors.

2) Other

Your personal data can also be transferred to governments, supervisors and other third parties as part of certain legal requirements, in the event we suspect and/or try to detect certain criminal offences, as part of the enforcement of intellectual property rights of third parties, in the event we are of the opinion you have breached the terms and conditions of use of our Services or in the event we wish to enforce our Privacy Policy.

In the event of a merger, acquisition, sale, joint venture and/or in the event of any other change of control within Localtomorrow, Localtomorrow reserves the right to transfer the personal data processed by Localtomorrow to any third party 'as part of such a merger, acquisition, sale, joint venture and/or any other change of control'.

3. How long will my data be stored?

Localtomorrow will only store your personal data for the minimum period required to fulfil the purposes included in this Privacy Policy, unless to resolve any disputes or if a longer storage period is required by law. Non-personal information can be stored without any limitations in time, for statistical purposes. After the minimum period, your data will be anonymized and stored for statistical purposes. Anonymized data cannot be traced back to an individual, which means that it is not classifiable as personal data.

Closing a Localtomorrow-account is possible based on one of the following reasons:
1) The user requests to delete his account. In this case, the user will be asked to confirm his request. After this confirmation, the account will be deleted within 30 days, giving the user to opportunity to reconsider.

2) In case of inactivity: after 18 months of inactivity, the user will receive a warning that his account will be deleted. If the user does not react, in any possible way, within 1 month after the warning, the account and all the linked personal data will be deleted.

3) In case of fraud.

4. How is my data secured and stored?

Localtomorrow acknowledges that the protection of personal data is a part of data protection. Therefore, Localtomorrow takes the appropriate technical and organisational measures to protect your personal data against unauthorised processing or unauthorised access in order to prevent misuse.

With any transfer of personal data to a processor outside of the EEA, the registered merchant and Localtomorrow will perform such transfer in accordance with this Privacy Policy, and Localtomorrow will comply with the applicable law and regulations regarding data protection in order to sufficiently ensure guarantees.

5. What are cookies and how do we apply them?

Cookies are text files that are placed on your computer in order to collect standard Internet logging information and behavioural information. This information is used to track visitor behaviour on the website and to draw up statistical reports about the website.

You can find more information about our cookie policy here.

6. What rights do I have?

Right of access:

You can ask us which personal data of yours we process, why we process them, which personal data categories we process, with which third party categories we share your personal data, where the processed data came from and - if applicable - which reasoning we use when processing personal data automatically.

Right of rectification:

Every user can currently correct his own account details via the account settings. In order to keep your details up to date, we request you personally edit your details.

Right of erasure:

You can ask us to delete your account. By doing so, you will no longer be able to use our Services.

Right of limitation of processing:

In the cases provided for in Belgian and European privacy legislation. When the processing within our Services is limited, your personal data (except for storage) will only be processed with your authorisation or for the establishment, exercise or defence of legal claims or for the protection of the rights of another private individual or legal entity or for reasons of public interest. After obtaining this processing limitation, we will always notify you before the processing limitation is lifted.

Right of transmission of the data:

You have the right to receive the personal data provided by you in a conventional, structured and machine-readable form and you have the right to transmit these personal data to a different controller, where the processing is based on the legal bases authorisation or contractual relationship..

Right of rectracting one’s authorisation:

If the processing of personal data is based on an authorisation basis, you, as a user, have the right to retract your authorisation at any given time. You can do so by cancelling your account.

Right of objection:

You have the right to object to the processing of your personal data only if the processing is based on public interest or a legitimate interest. You also have the right to object to the processing of your personal data for marketing purposes. This is currently possible by opting out for the desired merchant via the account settings. You also have the right to file a complaint with the data protection authority.

7. How can I exercise my rights?

You can exercise your rights by sending an email to the responsible party of processing your personal data, being the controller. In order to prevent each and every unauthorised disclosure of your personal data, it is compulsory to send your request from the email address linked to your account.

The controller shall dispose of one month to respond to your request. This period shall commence when the controller has received your request and disposes of all the necessary information to respond to your request.

The controller shall provide the requested information free of charge. In the event requests are unfounded or disproportionate, in particular due to their repetitive character, the controller may charge a reasonable compensation or refuse the request.

This Privacy Policy is governed by and must be interpreted according to Belgian law. Only courts of the judicial district of Ghent have the jurisdiction to hear disputes.

For the sake of completeness, we would like to inform you that you have the right to file a complaint with the data protection authority (for Belgium: https://www.dataprotectionauthority.be/) in the event the controller does not respond to or refuses your request or if the controller’s response does not meet your expectations.