The purpose of this document is to set out the policy on the protection of Personal Data implemented by Vorwerk BENELUX BV, a company incorporated under Belgian law with its registered office at 1800 Vilvoorde, Mechelsesteenweg 586 C and with company number 1005.465.871 (hereinafter ‘Vorwerk’), in accordance with the Personal Data Regulations.
Vorwerk owns the content of the Vorwerk Sites defined below and markets products and services available on the Vorwerk Sites.
Vorwerk will process Your Personal Data in accordance with the applicable data protection regulations, in particular Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the Processing of Personal Data and on the free movement of such data (‘GDPR’), other relevant applicable legal provisions and this Privacy Policy.
Unless otherwise indicated, Vorwerk collects Personal Data on its own behalf and as such is a Controller within the meaning of the GDPR.
Vorwerk may amend this policy to incorporate regulatory, case law, editorial or technical developments regarding the protection of Your Personal Data. In the case of minor changes, we will amend the ‘last update’ date by indicating the date on which the changes were made. In case of a substantial change to this policy, we will notify You directly by e-mail of the changes made.
We encourage You to check this page regularly to be aware of any changes or updates to our Policy.
1. DEFINITIONS
For the purposes of this privacy policy, the following terms have the following meanings:
‘Adviser’ means any sales representative with the status of independent home seller or employee who organises demonstrations and other events involving professional presentations as well as concrete demonstrations of Vorwerk home appliances (use, functionalities, operation, maintenance, etc.);
‘Customer’ means any person who places an order with Vorwerk, regardless of the medium used;
“Cookie” means tracers that provide access to information stored in the terminal equipment of a visitor to the Vorwerk Sites;
‘Recipient’ means any natural or legal person who receives the communication of Personal Data, whether a Third Party or not;
‘Personal Data’ means any information relating to an identified or identifiable natural person, directly (e.g. by their first or last name) or indirectly, in particular by reference to an identifier, location data or one or more specific elements characterising their identity;
‘Data Subject’ / “You” means any identified or identifiable natural person whose Personal Data is processed by Vorwerk in accordance with this Policy;
‘Controller’ means any natural or legal person who, alone or jointly with others, determines the purposes and means of the Processing of Personal Data, in this case and unless otherwise specified, Vorwerk;
‘GDPR means the General Data Protection Regulation (EU) 2016/679 of 27 April 2016 of the European Parliament on the protection of natural persons with regard to the Processing of Personal Data and on the free movement of such data, and repealing Directive 95/46/EC;
‘Vorwerk Sites’ means any online public communication service published by Vorwerk, as at the date of the last update of this policy. This includes their mobile versions, Vorwerk's various digital tools, official social networks and any other media;
‘Processor’ means any natural or legal person, public authority, agency or other body that processes Personal Data on behalf of the Controller;
‘Processing’ means any operation or set of operations carried out on Personal Data or on parts of Personal Data, whether automated or not, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction;
‘Third Party’ means any natural or legal person, public authority, agency or body other than the Data Subject, the Controller, the Processor and persons authorised, under the direct authority of the Controller or the Processor, to process Personal Data;
2. WHEN AND FOR WHAT PURPOSES IS YOUR PERSONAL DATA COLLECTED?
The Personal Data collected and processed by Vorwerk or its partners is for specific, explicit, and legitimate purposes, and may vary depending on the context of the collection.
In any case, Vorwerk only collects Personal Data that is strictly necessary for the purposes of its activities. Therefore, only relevant, adequate information is collected, limited to what is necessary for the purposes for which it is processed.
2.1. Vorwerk Website Management
When You visit the Vorwerk Sites, the following data is processed: connection information, used device, preferences and security settings, browser, plugins used, or even the operating system. Additionally, Vorwerk also processes Your interactions with the Sites, such as the pages consulted.
This data is processed because Vorwerk has a legitimate interest, namely to securely and optimally offer the Sites along with the associated features. To improve the attractiveness of our webshop, it is important for us to understand how our Customers behave on the Vorwerk Sites and what their purchasing behavior is.
2.2. Marketing and Customer Support
Vorwerk also processes Personal Data for marketing purposes. It processes identification data (name, first name) as well as contact data (email address, postal address, phone number) for the purpose of managing communication, as well as for information requests and newsletters.
This data is processed based on Your consent regarding the newsletters and based on the legitimate interest Vorwerk has in handling information requests.
When You subscribe to the newsletter, a so-called double-opt-in procedure is used.
2.3. Application Management
Through the Vorwerk Sites, You can also fill out the contact form to submit Your application. The data processed includes Your identification data (name, first name), contact data (email address, postal address, phone number), as well as Your curriculum vitae.
This data is processed based on Your consent.
2.4. Placing and Managing Orders
Through the Vorwerk Sites, You can also place an order. In the context of order Processing, we process the following Personal Data: identification data (salutation, (company) name, first name, date of birth), contact data (email address, postal address, phone number). The legal basis for Processing this data is the performance of the contract.
2.5. Post-Contractual Relationship
Vorwerk also processes data when collecting Customer reviews and after-sales Customer service. The data processed includes identification data (name, first name), contact data (email address, phone number).
The legal basis for this Processing is Vorwerk's legitimate interest in collecting Customer reviews. It collects this data with the aim of improving its products and services.
The legal basis for after-sales Customer service is the performance of the contract.
2.6. Combatting Fraud and Non-payment
Vorwerk may also process Your data in the context of preventing fraudulent behavior and non-payment. The data processed for this purpose includes identification data (name, first name), contact data (postal address, email address, phone number), payment methods.
The legal basis for Processing this data is Vorwerk's legitimate interest in detecting fraudulent and unlawful activities.
2.7. Contact Form
On the Vorwerk Sites, You will find a contact form through which You can contact us electronically. We process Your identification data (salutation, name, first name), contact data (postal address, email address, phone number), and information about Your interest. We process this data in order to handle Your inquiries/comments.
You can also contact us via email. In that case, we process the data You communicate to us via email.
The legal basis for these processes is Your consent.
2.8. Availability notification
If a product You desire is currently unavailable in the webshop, You can register on the website for a notification by providing Your email address. We use the so-called double-opt-in procedure for registration. We use Your email address to notify You when the product becomes available again. The legal basis for this is Your consent.
You can withdraw Your consent at any time.
2.9. Demonstrations
Through the website, You can make an appointment for a demonstration with a Vorwerk Advisor. Your identification and contact data will be processed for this purpose. This data is processed based on Your consent.
During demonstrations of Vorwerk products, certain data regarding Your health may also be collected.
If You request a demonstration of a food preparation appliance, You may inform the responsible Vorwerk Advisor about any food allergies or intolerances. This information is passed on to prevent dishes from being prepared during the product demonstration that You cannot eat.
If You provide this information to the responsible Vorwerk Advisor, it will be stored by the Vorwerk Advisor in the section reserved for them on the platform used for managing product demonstrations and sales. Only those who need strict access, including Your Advisor and their branch manager, will be able to view this information.
Your consent is the legal basis for us to collect and process this type of Personal Data.
3. HOW LONG WILL YOUR PERSONAL DATA BE KEPT?
In accordance with the GDPR, Vorwerk will retain Your Personal Data for the period strictly necessary to achieve the purposes of this privacy policy, unless You have given Vorwerk permission to retain Your Personal Data for a longer period.
The retention period may be based on specific circumstances of the Processing, regulations requiring information to be retained for a certain period of time, or legal statutes of limitation relating to disputes. Where a limitation period is specified by law, the retention period may not be shorter than this.
As the Controller, Vorwerk undertakes to comply with the retention periods imposed by the applicable regulations.
For questions regarding the retention period of certain types of Personal Data we process, please contact the Data Protection Officer at the following address dpo_be@vorwerk.com (mailto:dpo_be@vorwerk.com).
4. WHO ARE THE RECIPIENTS OF YOUR PERSONAL DATA?
As Your Personal Data are confidential, only persons and entities of the Vorwerk Group authorised by Vorwerk may access them, when necessary within the scope of our activities and in particular for the management of Your orders.
As part of providing our services, we may transfer Personal Data to entities other than Vorwerk or to service providers who will act as Processors. In any case, the sharing of Your Personal Data will be carried out in accordance with applicable law and will be limited to what is strictly necessary to achieve the purposes stated in this privacy policy.
4.1. Relevant categories of persons and/or entities
Your Personal Data collected by Vorwerk may be intended for the following categories of persons and/or entities:
- For Vorwerk staff who are authorised to process Personal Data;
- To other entities of the Vorwerk group (in particular Vorwerk International Strecker & Co, Verenastrasse 39, 8832 Wollerau, Switzerland) and their authorised personnel. During the sales processes of Vorwerk products, You have the opportunity to subscribe to other services provided by Vorwerk entities, such as the Thermomix recipe platform (Cookidoo®) and the Thermomix® app, both offered by Vorwerk International Strecker & Co. Please note that in this case, specific data protection notices may be communicated to You. You can consult the privacy policy of the Thermomix® recipe platform (Cookidoo®) and the Thermomix® app on the Vorwerk Sites.
- For Vorwerk Processors, such as:
o Website hosting providers;
o Communication service providers;
o Marketing service providers for organising competitions, satisfaction surveys, commercial promotions and loyalty programmes or sending messages and newsletters;
o Service providers setting up links to a form to be contacted by an Adviser or a page of the Vorwerk Sites;
o Targeted advertising and paid referral service providers;
o Service providers appointed by Vorwerk for the execution of sales contracts with You, involved in the provision of services ancillary to the execution of these contracts, such as delivery service providers, distance payment on the Vorwerk Sites;
o Financial institutions for managing consumer loans for the purchase of Vorwerk products and payment institutions;
o Service providers responsible for reviewing information relating to payment incidents, credits or the opening of legal proceedings for the purpose of fraud prevention and non-payment;
o Service providers responsible for collecting opinions from our Customers after a purchase;
o Collection agencies, anti-fraud organisations, etc.
- For Advisers affiliated to Vorwerk.
Vorwerk has carefully selected these Processors and continuously ensures that they comply with Vorwerk's instructions. These companies are not contractually authorised to use Your Personal Data for purposes other than those set out in this privacy policy.
4.2. Processing of Your Personal Data by Vorwerk Advisers
In certain situations, a Vorwerk Adviser may act as a Processor on our behalf and collect and process Your Personal Data.
Vorwerk Advisers may collect Your identification data (first name and surname) and Your contact data (e-mail address, postal address, telephone number) as well as Your product interests so that we can process Your contact or purchase requests.
Your data is collected by Your Adviser in the context of sales made at home, and is transferred to Your Adviser during sales made on the e-shop. Each Adviser only has access to the data of Customers and prospects directly linked to them, each branch only has access to the data of Customers and prospects in their sector.
Our business model is based on our Advisers' commission for each sale made by Clients in their portfolio. Each sale must therefore be linked to an Adviser. If You do not wish to be contacted by Your Adviser, or if You wish to change Adviser, You can contact Vorwerk's Customer Service at the following address: benelux@Customercare.vorwerk.com (mailto:benelux@customercare.vorwerk.com).
The Personal Data collected and processed by the Adviser remains the property of Vorwerk.
4.3. Transfer of Personal Data to the authorities
Certain Personal Data may also be transferred to legally competent authorities to comply with legal, regulatory or conventional obligations to which Vorwerk is subject.
5. ARE YOUR PERSONAL DATA TRANSFERRED OUTSIDE THE EUROPEAN UNION?
The Recipients of Personal Data as mentioned above may be located outside the European Economic Area. Information thus transferred to third countries may be subject to legitimate access requests from local authorities based on applicable laws in those countries.
Vorwerk makes every effort to select partners that offer security and confidentiality guarantees and to enter into contractual relationships that comply with regulations, particularly those at the European level.
Unless the country to which the Personal Data is transferred has been qualified by the European Commission as having an adequate level of protection for Personal Data, Vorwerk requires such Recipients to comply with the data protection measures set out in the applicable regulations. This can be achieved, for example, by entering into a cross-border data flow agreement drafted in accordance with the standard contractual clauses from Controller to Processor, issued by the European Commission and currently in force, and by implementing additional technical and organisational measures to ensure the protection of this data.
Vorwerk remains vigilant regarding the activities of the European Commission and will implement any new measure required by any future decision on the level of protection of Personal Data.
You may request a copy of these clauses from the Data Protection Officer at the following address: benelux@Customercare.vorwerk.com (mailto:benelux@customercare.vorwerk.com).
6. PROFILERING
As part of some of its commercial prospecting campaigns, with Customers for similar products or who have given their consent, Vorwerk uses the services of a Processor to better target people likely to be interested in these campaigns. This Processor performs profiling of Vorwerk Customers‘ and prospects’ data, based on purchase intention predictions, using artificial intelligence and ‘deep learning’.
This Processing is intended to better target the audience of Vorwerk's marketing campaigns and thus limit the number of commercial solicitations You are likely to receive.
An impact assessment to ensure respect for Your fundamental rights and freedoms has been carried out by Vorwerk in relation to this Processing.
7. WHAT ARE YOUR RIGHTS?
As a Data Subject in the Processing of Personal Data, You have various rights. However, these are not absolute and are subject to certain conditions, in accordance with the Personal Data Regulations.
7.1. Right to information
Vorwerk undertakes to inform You about the collection and use of Your Personal Data and therefore ensures that concise, transparent and accessible information is provided on the conditions and methods of the collection and Processing of Personal Data.
7.2. Right of Inspection
You have the right to inspect Personal Data relating to You, free of charge and at any time, so that You can obtain information about the existence of the Processing, its methods, the categories of Personal Data processed, the Recipients of the Personal Data, the period for which Your Personal Data is retained and the rights that You can exercise in accordance with the GDPR.
You also have the right to obtain a copy of Your Personal Data as held by Vorwerk.
7.3. Right to rectification
You may request Vorwerk to rectify Your Personal Data, especially if it is no longer up-to-date or incomplete.
7.4. Right of objection
You have the right to object at any time, for reasons relating to Your specific situation, to the Processing of Personal Data relating to You.
The right to object is limited by Vorwerk's legitimate interest in the Processing of Personal Data and other legal requirements.
You have the right not to be subject to a decision based solely on automated Processing, including profiling, that produces legal effects on You or significantly affects You in a similar way.
In addition, You always have the right to object to the use of Personal Data for direct marketing purposes, in which case You do not have to provide reasons.
7.5. Right to erasure of Personal Data (or ‘right to be forgotten’)
As a Data Subject, You have the right to have the Personal Data deleted by Vorwerk in the event that any of the following applies:
- Where the data is not or no longer necessary for the purposes for which it was collected or otherwise processed;
- When You withdraw the consent on which the Processing is based and no other legal basis for the Processing exists;
- When You consider that the Processing of Your data is unlawful;
- When the data must be deleted pursuant to a legal obligation established by Union law or the law of the Member State to which Vorwerk is subject, namely France;
- When You have objected to the Data Processing and Vorwerk has no legitimate or compelling reason to refuse the request.
7.6. Right to restrict the Processing of Personal Data relating to You
As a Data Subject, You have the right to obtain Restriction of Processing from Vorwerk if any of the following applies:
- Where the accuracy of the data is disputed, and for a period that allows Vorwerk to verify the accuracy of the data;
- When the Processing is unlawful and You oppose the erasure of Your data and instead request the restriction of the Processing;
- When the data are no longer necessary for the purposes for which they were collected, but You need them for the establishment, exercise or defence of legal rights;
- When You object to Processing on the basis of Vorwerk's legitimate interest, during the verification whether Vorwerk's legitimate grounds outweigh Yours.
7.7. Right to data portability
You may obtain from Vorwerk the Personal Data previously provided to it in a structured, commonly used and machine-readable format.
You may also transfer this data to another Controller or request that the Personal Data be transferred directly from Vorwerk to another Controller, if this is technically possible.
7.8. Right to withdraw consent
You may withdraw Your consent at any time when Your Personal Data are processed on that basis. Withdrawing Your consent is only valid for the future and therefore cannot call into question the lawfulness of the Processing carried out before such withdrawal.
7.9. Right to lodge a complaint with a supervisory authority
If You consider that Your rights have not been respected, You have the right to lodge a complaint with a supervisory authority, namely the Data Protection Authority (DPA):
Press Street 35, 1000 Brussels
Telephone number: +32 (0)2 274 48 00
Fax number: +32 (0)2 274 48 35
E-mail: contact@apd-gba.be (mailto:contact@apd-gba.be).
This does not affect Your right to bring a claim before a civil court. If You have suffered damage as a result of the Processing of Your Personal Data, You may claim damages.
7.10. Right to decide on the fate of data after death
You have the right to decide the fate of Your data after death by establishing general or specific guidelines by sending Your written instructions to the e-mail address of the Data Protection Officer.
7.11. Right not to be subject to an automated decision
In accordance with the Personal Data Regulations, You have several rights regarding automated decision-making:
- The right to obtain human intervention from the Controller: this means that You can request the review of an automated decision by one of our authorised employees;
- The right to express Your views on the automated decision;
- The right to challenge this automated decision.
- Please note that exercising these rights will not necessarily lead to the revocation of the decision made through the automated process.
Please also note that we have no influence on the processes used by credit rating agencies to issue the credit score that will be communicated to us.
8. HOW CAN YOU EXERCISE YOUR RIGHTS?
You may exercise Your rights or lodge a complaint regarding the Processing of Your Personal Data by contacting us at the following address: benelux@Customercare.vorwerk.com (mailto:benelux@customercare.vorwerk.com); or: Vorwerk - 1800 Vilvoorde, Mechelsesteenweg 586 C.
Vorwerk may ask for a copy of an identity document if necessary. The level of checks carried out by Vorwerk when Processing requests to exercise rights varies depending on the nature of the requests, the sensitivity of the information communicated and the context in which the request is made.
Vorwerk undertakes to respond to each request as soon as possible, and in any case within one (1) month of receiving the complete request. However, this period may be extended by two (2) months, taking into account the complexity and/or number of requests received.
9. HOW ARE YOUR PERSONAL DATA PROCESSED?
Vorwerk makes its best efforts to implement appropriate technical and organisational measures adapted to the sensitivity of the collected data to ensure confidentiality and prevent destruction, loss, modification, unauthorised access or disclosure to Third Parties and any other unauthorised or unlawful Processing of the collected Personal Data.
Where the disclosure of Personal Data to Third Parties is necessary and permitted, Vorwerk will ensure that such Third Parties provide the same level of protection provided to them by Vorwerk and will seek contractual guarantees so that, in particular, the Personal Data is processed only for the purposes You have previously accepted, with the required level of confidentiality and security.
Under no circumstances can we be held liable for direct or indirect damages resulting from the incorrect or unlawful use of Personal Data by Third Parties.
As all Personal Data is confidential, access to it is restricted to authorised persons or service providers acting on behalf of Vorwerk who need such data in the context of their duties. All persons who have access to Your Personal Data are bound by a contractual confidentiality clause and may be subject to disciplinary action and/or other sanctions if they fail to comply with these obligations.
In the event of a proven Personal Data breach likely to entail a high risk to the rights and freedoms of Data Subjects, Vorwerk undertakes to notify this breach to the competent supervisory authority and, when required by Personal Data regulations, to Data Subjects (individually or generally, as the case may be).
10. NAVIGATING THIRD PARTY WEBSITES
Vorwerk websites may contain links, in particular hypertext links, and/or partner offers that link to a Third Party website.
Vorwerk has no control over the content of Third Party websites or the practices of these Third Parties regarding the protection of Personal Data they may collect and disclaims all responsibility for such content and practices. It is Your responsibility to inform Yourself about the privacy policies of these Third Parties.
11. CONTACT
You can always reach us at the following contact details:
Vorwerk Benelux BV
Mechelsesteenweg 586 C
1800 Vilvoorde
Ondernemingsnummer: 1005.465.871.
E-mail: benelux@Customercare.vorwerk.com (mailto:benelux@customercare.vorwerk.com)
Vorwerk has also appointed a data protection officer. For questions regarding Vorwerk's obligations regarding the protection of Your Personal Data, or for complaints, please contact Vorwerk's data protection officer: dpo_be@vorwerk.com (mailto:dpo_be@vorwerk.com).