Privacy Policy, conditions of the use and processing of Personal Data of OJOO

General

This Privacy Policy is in use since May 25th 2018 and applies to the company Games with Attitude NV, registered in Gent, Belgium with company number 0545.802.469 and situated in 9000 Gent, Belgium Woodrow Wilsonplein 21. (hereafter referred to as OJOO)

OJOO is a gamification company

OJOO is committed to the protection of your privacy. During your contact with OJOO, you may share personal information with us so that we can identify you as an individual (such as your full name, email address, address and telephone number), employee of a company. These are your “personal data”

This Privacy Statement applies to the personal information we collect about you in order to provide you with our products and services and for clients we provide with websites. By using the site or by disclosing your personal data to our services, you accept the practices described in this Privacy Statement.

The Processing of Personal Data

OJOO as a Controller

OJOO collects, records and processes personal data of clients and users of our services. Data are provided by the persons themselves through a contact, the registration on our tools or when OJOO provides services.

Personal data are always processed in accordance with the principles of the privacy legislation and the General Data Protection Regulation. (European Regulation 2016/679 of april 27th, 2016) The personal data are processed in a lawful, proper and transparent manner for a specific and explicit purpose. The data processing shall be limited to what is necessary and the retention period of the personal data shall be limited to as long as necessary for the purposes of the processing. The personal data will be adequately protected by appropriate technical and organizational measures; OJOO Group will process your personal data for the following purposes, among others:

  • Client Management
  • Information on our professional and social activities, or other subjects that may interest you
  • Sending newsletters or folders
  • To contact you when necessary in order to provide our services.
  • For the further execution of agreements
  • To deliver our goods or services at  your place
  • Informing you about changes to our services and products;
  • For the settlement of payments
  • To comply with legal obligations;
  • When necessary for the legitimate interest of the company, (always clear to whoever is concerned)

Other data are collected automatically through ‘cookies’ and other systems or applications for the collection of information. OJOO uses technical, functional and analytical and tracking ‘cookies’. A cookie is a small text file that on the first visit to the website will be stored on your computer, tablet or smartphone. Our cookies are necessary for the technical functioning of the website and the user friendliness. They enable that the website functions properly and remember e.g. your preferred settings. They enable us also to optimize the website. You can unsubscribe for cookies by installing your internet browser in such a way not to store more cookies. All previously stored information can also be deleted from the internet browser. (more information on Cookie policy)

OJOO as a Processor towards her clients

OJOO supplies her clients with online tools and services.

With regard to the processing for the clients of personal data  in the context of website development, newsletters, social media management or other platforms or other online tools, the client will have the role of Controller and OJOO the role of Processor as described in the EU General Data Protection Regulation (EU 2016/679) The instructions of the client are limited to the agreement between OJOO and the client  or the given instructions.

The client accepts that OJOO supplies the services and online tools according to the terms as described on the website, except when agreed differently between client and OJOO. OJOO has no obligation to check the data stored by the client on his tool or platform or to have any knowledge of them. OJOO has the right, but not the obligation, to delete these data at any moment and without prior notification if these data according to the reasonable judgment of OOJO are illegal or violate or  might violate the rights of third parties. OJOO has also the right to delete the data at any moment and without prior notice on the request of the competent authorities.

OJOO processes these data according to the lawful instructions of the client and/or in accordance with the provision of the services from the agreement between OJOO and the client, or as required by  law, the regulatory body or the competent authority. In the latter case the client will be notified in advance as far as possible, except when this is forbidden by relevant legislation, the regulatory body or competent authority.

The client accepts that he is the primary responsible for the processing of the Personal data and follows the design of OJOO in an appropriate and correct way. OJOO will, taking into account the nature of the processing and the information available to him, assist the client to the fullest possible extent in assuring compliance with the obligations pursuant to the articles 32 to 36 GDPR. The client will pay for all those assistance performances such as:  

  • Assistance to ensure security of the processing (Article 32 GDPR)
  • Assistance on Data breaches (Articles 33 and 34 GDPR) OJOO informs the client within reasonable delays as soon as it takes note of a Personal Data breach.
  • Assistance on a Privacy Impact Assessment (Articles 35 en 36 GDPR) When a type of process poses a high risk for the rights and freedoms of natural persons, the client will prior to the processing make assess its effects on the protection of Personal Data in accordance with the articles 32 to 36 GDPR,  

At the end of this Agreement OJOO will, if the client requests this, return or delete the Personal Data and/or existing copies, as far as reasonably possible. OJOO will  confirm that it has done this. Except when it is required to store a copy of the personal data by a relevant law or authority,

To put things clearly, nothing of the above forces OJOO to delete copies of data it keeps in its own name as a Controller.

The client gives OJOO an overall permission to provide the personal data to  sub processors or their affiliated companies, when necessary for the implementation of our Agreement or to meet a legal obligation. This provision concerns an active and systematic processing of personal data. A listing of these processors can be requested. When there are changes regarding the processors the necessary information on this will be supplied to the client. The  client can object a processor within 7 days after delivering the information, if they don’t react Client agrees by implication.

OJOO opts for partners who are able to ensure a same level of security and confidentiality of your personal data.

Rights of the data subject

If you wish to consult, modify, correct, transfer, restrict or delete your data, you can send an e-mail free of charge, provided that you have proof of this by means of a copy of your identity card. In this way and in the same way, you can also lodge an objection against the processing of personal data or when you wish to terminate the communication. The data will be modified or deleted as far as possible and in accordance with technical possibilities. Your request will be processed as soon as possible and within a reasonable period of time. Your request will be met as far as possible unless this proves impossible due to the company’s interest or a legal obligation. If we become aware of a data leak that threatens to violate your rights and personal data protection, the supervisory authority and you as a data subject  will be informed.

Security and Confidentiality

OJOO developed security measures, adapted in a technical an organisational level, to prevent the destruction, loss, forgery, modification, the not authorised access or  the notification by mistake of personal data collected on this website to third parties. Also to prevent any non-authorised processing of these data. Under no circumstances OJOO will be considered liable for any damage, directly or indirectly, caused by an incorrect or illegal use of the personal data by a third party. All data, when not public or considered to be confidential,  are treated with confidentiality at any time

If you have the impression that your data are not well secured or if there are indications of misuse, please contact us by e-mail

Correctness of your data

You guarantee that the information you provide is accurate and complete. The communication of incorrect data or data belonging to third parties may result in the user being temporarily or permanently denied any access, in whole or in part, to the products and services of OJOO.

With regard to minors

Our website and/or service does not intend to collect information about visitors under 13 years of age. Unless they have permission from parents or guardian. We, therefore, recommend that parents be involved in their children’s online activities in order to prevent the collection of data on children without parental consent. If you are convinced that we have collected personal data about a minor without that permission, please contact us via EMAIL, we will remove this information. If this concerns an online application from one of our clients we request you contact them first, as they are the first responsible for the collection of the data;

Intellectual property rights

The content of this site, including the trademarks, logos, drawings, data, product- or company names, texts, designs etc. are protected  by intellectual rights and belong to OJOO or right holding third parties.

Information on the website

By using this website, you agree to comply with and accept the following terms of use. OJOO owns the exclusive copyright and intellectual rights of this website, its design and its complete content. Use and copy of this website, or parts thereof, in any form whatsoever, is prohibited without the prior written consent of OJOO. It is forbidden to store the information offered on and through this website without prior written consent (other than necessary for viewing the website), to reproduce, to modify, to make public, to distribute or send, to sell or otherwise transfer the website or to grant any rights to it to third parties. The information on the website is of a general nature. The information is not adapted to personal or specific circumstances, and can therefore not be considered as a personalized, professional or legal advice. The website can contain hyperlinks to websites or pages from third parties or refer to them indirectly. A link to those websites or pages does not in any way imply an approval of their contents. Our platform could be connected to other systems, but OJOO does not process these data. OJOO  states explicitly it has no control over the contents or other characteristics websites and cannot be held responsible for their content or characteristics nor accepts any liability for any kind of damage caused by the use of them.

Liability

OJOO accepts no liability for any direct or indirect damage that would be caused to anyone by the use of the information found on this site. If you  identify inaccuracies in the information made available on the website please contact the site administrator.

The content of the site (including links) can at any time and without prior notification be adapted, amended or supplemented. OJOO does not guarantee the proper functioning of the website and does not accept any liability for a malfunction or temporary unavailability of the website or any form of direct or indirect damage, that would result from the access to or the use of website.

OJOO does not accept any liability directly or indirectly, specific or any other way for damage as a result of the use of this website or from other services, in particular caused by links or hyperlinks, with the inclusion, with no limit, of all losses,  work interruptions, damage to programs or other data on the computer system, of hardware, software or other material of the user.

The total liability of OJOO will never be larger than the total amount of costs paid by the client for his services of the last 12 months with a maximum of 2500 Euro.

Liability as a processor

The  clients indemnifies OJOO as a processor for any costs, expenses (including legal), compensations, losses (including business losses or loss of revenues), debts, claims, procedures or lawsuits, etc   of which OJOO could be subject due to:

  1. the implementation of instructions given by the client for the processing of personal data. (including instructions in connection with the request of people who exercise their right in accordance with the Data Protection Regulation, and instructions to keep, reveal, adapt or process personal data in different ways, )

or

  1. any infringement of the client on this article

The liability of OJOO is always limited to those cases specifically provided for in the GDPR and represent a major fault or fraud on the part of OJOO. OJOO is only liable for the damage due to the processing, when there is no compliance when processing with the specific GDPR obligations for processors, or if the lawful instructions of the Controller have not been met.  The liability of OJOO is in all cases limited to the direct damages.

The client indemnifies OJOO at all times for any claims of third parties.

The total liability of OJOO will never be larger than the total amount of costs paid by the client for his services of the last 12 months with a maximum of 2500 Euro.

General provisions

This Privacy Statement may be amended from time to time. The amendments become effective automatically after publication. The Privacy Policy at OJOO is subject to Belgian Law.

The processing of personal data within our website is subject to Belgian law. The Belgian authorities and its courts and tribunals are, to the exclusion of all other courts and tribunals, competent to hear disputes that may arise with regard to this website or its use or the processing of personal data. The supervisory authority in Belgium is the ‘Belgian Data Protection Authority’. This body is responsible for complaints by individuals concerning the processing of personal data. The Belgian courts and specifically these off department East of Flanders, department Gent have with the exclusion of all others, the jurisdiction to hear and determine disputes or complaints with regard to this website, processing of personal data or its use.

If one of the preceding provisions is not valid with regard to the processing of personal data, it will be replaced by a provision that is as close as possible to the underlying purpose of the stated provision.

OJOO