1.1. The controller is SPRL Freel, whose registered office is located at Parvis-Saint Gudule, 5, 1000 Brussels (hereinafter referred to as “SPRL Freel” or “the controller”).
1.3. The term “User” refers to any user, whether a natural or legal person, registered or not on freel.co, who consults the Website or its content, registers on the Freel Application or contracts with the Data Controller.
1.4. As such, SPRL Freel – and/or its service providers acting in its name and on its behalf – determines all the technical, legal and organisational means and purposes of processing Users’ personal data. To this end, SPRL Freel undertakes to take all necessary measures to ensure that personal data are processed in accordance with the Law of 30 July 2018 on the protection of individuals with regard to the processing of personal data (hereinafter referred to as “the Law”) and the European Regulation of 27 April 2016 on the protection of personal data and on the free movement of such data (hereinafter referred to as “RGPD”).
1.5. SPRL Freel is free to choose any natural or legal person who processes Users’ personal data at its request and on its behalf (hereinafter “the subcontractor”). If necessary, SPRL Freel undertakes to select a subcontractor offering sufficient guarantees as to the technical and organisational security measures for the processing of personal data, in accordance with the Law and the DGPS$.
2. Processing of personal data
2.1. The use of the freel.co Website, registration on the Freel Application by Users and the contractual relationship with the Data Controller may result in the disclosure of personal data. The personal data that may be processed are referred to in point 5, and the processing of such data by SPRL Freel, in its capacity as Data Controller, and/or by service providers acting in the name and on behalf of SPRL Freel, will comply with the Law and the DGMP Regulations.
2.2. Personal data will be processed by SPRL Freel, in accordance with the purposes mentioned in point 3, via:
- Communication of aggregate data (reporting by company) collected on the Freel Application and Freel Dashboard;
- Individual communications by mail to employees who provided their mail addresses.
3. Purpose of the processing of personal data
In accordance with Article 13 of the DGPS, the purposes of the processing of personal data must be communicated to the User and are as follows:
- Ensure the execution of the services offered and agreed upon on the freel.co Website and the Freel Application;
- Monitor the execution of the services offered, i.e. the real-time location of scooters to ensure that there is no theft;
- Answer the User’s questions;
- To produce statistics in order to improve the freel.co Website, the Freel Application, the services offered and the internal organisation of the operation of SPRL Freel; and
- Improve the quality of the freel.co Website and the products and/or services offered by the Data Controller.
4.1. General principles
4.1.1. A “cookie” is a data or text file that is temporarily or permanently stored on the User’s equipment (computer, tablet, smartphone, or any other similar device) when viewing the freel.co Website for subsequent connection. Thanks to cookies, the server recognizes the User’s computer. Cookies may retain user settings and other data (choice of language, IP address, login data, etc.), but they do not record names, addresses, ages or other personal information.
Cookies may also be installed by third parties with whom SPRL Freel collaborates.
4.1.2. Some of the cookies used by SPRL Freel are necessary for the proper functioning of the freel.co Website, others improve the User’s experience.
- Strictly necessary cookies: essential cookies to enable the User to browse the freel.co Website and use all its features. Without these cookies, services such as online registration forms cannot be provided.
- Tracking cookies: cookies that collect data on how Users use the freel.co Website (most visited pages, error messages…). These cookies do not collect data that identifies the user and are used only to optimize the operation of the freel.co Website.
- Functionality cookies: cookies that allow the freel.co Website to remember the choices made by Users and provide them with better functionality. The data that these cookies collect may be made anonymous and does not allow us to track your browsing activity on other sites.
4.1.4. The User may customize or disable cookies by setting his browser, according to point 4.4. of this article.
4.1.5. By using the freel.co Website, the User expressly agrees with the management of cookies as described in this article.
4.2 Type of cookies and purpose
Different types of cookies are used by SPRL Freel on the freel.co Website:
- Technical cookies: they are necessary for the operation of the freel.co Website, allow the communication of the data entered and are intended to facilitate the User’s navigation. Without these cookies, services such as online registration forms cannot be fully provided.
- Statistical and audience measurement cookies: these cookies allow the recognition of the User and are used to count the number of Users of the freel.co Website over a certain period of time. As they also indicate browsing behaviour, they are an effective way to improve the User’s browsing experience, by displaying proposals and offers that may be of interest to the User. They also allow SPRL Freel to identify any bugs on the freel.co Website and to correct them.
- Functional cookies: these cookies facilitate the use of the freel.co Website by retaining certain choices entered (for example, user name or language).
- Tracking cookies: Freel uses tracking cookies via Google Analytics, to measure Users’ interaction with the content of the freel.co Website and to produce anonymous statistics. These statistics allow SPRL Freel to improve the Website. Google supports the explanation of these cookies at the following address: http://www.google.nl/intl/en_uk/policies/privacy/.
4.3. Storage period for cookies
This period shall not exceed the time necessary to achieve the intended purpose, with a maximum of thirteen months.
4.4 Cookie management
4.4.2. If the User disables certain cookies, he accepts that the freel.co Website may not function optimally. Some parts of the freel.co Website may therefore not be usable, or may only be partially usable.
4.4.3. If the User wishes to manage and/or delete certain cookies in this way, he can do so by using the following link(s):
For Users with a browser:
- Internet Explorer: http://windows.microsoft.com/en-us/windows-vista/block-or-allow-cookies
- Chrome: https://support.google.com/accounts/answer/61416?hl=fr
- Firefox: https://support.mozilla.org/fr/kb/activer-desactiver-cookies-preferences
- Safari: https://support.apple.com/kb/ph21411?locale=en_CA
4.4.4. If the User refuses to allow Google Analytics cookies to be used, he or she is invited to configure his or her browser to do so on the following website: http://tools.google.com/dlpage/gaoptout.
5. Personal data likely to be processed
The User consents in accordance with point 6, when visiting and using the freel.co Website, when registering on the Freel Application that the Data Controller collects and processes, in accordance with the terms and principles described in this Charter, the following personal data:
- The User information they provide to SPRL Freel for contractual purposes and to enable the proper performance of mutual obligations, namely surname, first name, professional e-mail address, IBAN number and bank data, etc.; the User’s data collected for contractual purposes are directly those of the company and the decision maker.
- Users’ information by filling in forms or contacting SPRL Freel by e-mail address or other means, i. e. the full name and professional e-mail address of the Users.
- With respect to each User’s visit to the freel.co Website, the information automatically collected is:
- IP address, browser type and model, time zone, operating system;
- All information concerning the pages that the User has consulted on the freel.co Website, in particular the URL, browsing time, etc., must be kept confidential.
6.1. By accessing and using the freel.co Website, by registering on the Freel Application, the User declares that he/she has read and given his/her free, specific, informed and unambiguous consent to the processing of his/her personal data. This agreement concerns the content of this Charter.
6.2. Consent is given by the positive act by which the User has ticked the box proposing the Charter as a hypertext link. This consent is an essential condition for carrying out certain operations on the freel.co Website, on the Freel Application and for enabling the User to enter into a contractual relationship with SPRL Freel. Any contract between SPRL Freel and a User relating to the services and goods offered on the freel.co Website and the Freel Application is subject to the User’s acceptance of the Charter.
6.3. The User agrees that the Data Controller may process and collect, in accordance with the terms and principles contained in this Charter, his/her personal data that he/she communicates on the freel.co Website, on the Freel Application and/or in connection with the services offered by SPRL Freel, for the purposes indicated in point 3. By giving his consent, the User agrees that his mail address will be used for general marketing campaigns in which personal data about the use of Freel services can be displayed, even on an individual scale.
6.4. The User has the right to withdraw his consent at any time. The withdrawal of consent shall not affect the lawfulness of the processing operation based on prior consent given. The exercise of this right shall be carried out in accordance with point 9 of this Charter.
7. Period of storage of Users’ personal data
7.1. In accordance with Article 13 §2 of the DGPS, the controller shall keep personal data only for as long as is reasonably necessary for the purposes for which they are processed.
7.2. A User’s personal data are stored for a maximum of twelve months after the end of the contractual relationship between the User and the Data Controller.
8. Recipients of data and disclosure to third parties
8.1. Personal data may be transmitted to the employees or collaborators of SPRL Freel who, located in Belgium or in the European Union, collaborate with the Data Controller in the context of the marketing of products or the provision of services. They act under the direct authority of SPRL Freel, and are responsible in particular for collecting, processing or subcontracting this data. Personal data may also be disclosed to employees or collaborators of managers if the latter so decide.
8.2. In all cases, the recipients of the data and those to whom they have been disclosed shall comply with the content of this Charter. SPRL Freel guarantees that they will process this data solely for the purposes set out in point 3, in a discreet and secure manner.
8.3. In the event that the data is disclosed to third parties for direct marketing or prospecting purposes, the User will be informed in advance so that he/she can express his/her consent to the use of his/her personal data.
9. Users’ rights
At any time, the User may exercise his rights by sending an e-mail to [email protected] or a letter by post to : 1000 Brussels, Parvis-Saint Gudule, 5, with a copy of his identity card. In general, SPRL Freel guarantees a response within one month at the latest when the User exercises one of the rights set out below.
- 1. Right of access
9.1.1. In accordance with Article 15 of the DGPS, SPRL Freel guarantees the User’s right of access to his personal data. The User has the right to obtain access to the said personal data as well as the following information:
- The purposes of the processing operation;
- The categories of personal data concerned;
- The recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients established in third countries or international organisations;
- Where possible, the proposed storage period of personal data or, where this is not possible, the criteria used to determine this period; and
- The existence of automated decision-making, including profiling, as referred to in Article 22(1) and (4) of the DGPS, and, at least in such cases, relevant information concerning the underlying logic, as well as the importance and expected consequences of such processing for the data subject.
9.1.2. The Data Controller may require the payment of a reasonable fee based on administrative costs for any additional copies requested by the User.
9.1.3. When the User submits this request by electronic means (e. g. via the e-mail address), the information is provided in an electronic form in common use, unless the User requests otherwise.
9.1.4. The copy of his data will be communicated to the User at the latest within one month of receipt of the request.
- 2. Right of rectification
9.2.1. SPRL Freel guarantees the right to rectify and delete personal data to the User.
9.2.2. In accordance with Articles 16 and 17 of the DGPS, incorrect, inaccurate or irrelevant data may be corrected or deleted at any time. The request can be made to SPRL Freel.
9.2.3. In accordance with Article 19 of the DGPS, the controller shall notify each recipient to whom the personal data have been disclosed of any rectification of the personal data, unless such rectification proves impossible or requires disproportionate efforts. The controller shall provide the data subject with information on these recipients if he/she so requests.
- 3. Right to erase
9.3.1. The User has the right to obtain the deletion of his personal data as soon as possible in the cases listed in Article 17 of the DGPS.
These assumptions apply when:
- Personal data are no longer necessary for the purposes for which they were collected or otherwise processed;
- The User withdraws the consent on which the processing is based, in accordance with Article 6(1)(a) or Article 9(2)(a) of the DGPS, and there is no other legal basis for the processing;
- The data subject objects to the processing operation pursuant to Article 21(1) and there are no compelling legitimate grounds for the processing operation, or the data subject objects to the processing operation pursuant to Article 21(2);
- Personal data have been unlawfully processed;
- Personal data must be erased in order to comply with a legal obligation under Union law or under the law of the Member State to which the controller is subject; or
- Personal data have been collected in the context of the provision of information society services referred to in Article 8(1).
9.3.2. Where the controller has made the personal data public and is required to erase them pursuant to the preceding paragraph, the controller, taking into account available technologies and the costs of implementation, shall take reasonable measures, including technical measures, to inform the other controllers (who process such personal data) that the data subject has requested the erasure of any link to such personal data, or of any copy or reproduction thereof.
9.3.3. Paragraphs 9.3.1. and 9.3.2. shall not apply to the extent that such processing is necessary:
- The exercise of the right to freedom of expression and information;
- To comply with a legal obligation requiring processing under Union law or the law of the Member State to which the controller is subject, or to carry out a task in the public interest or in the exercise of official authority vested in the controller; or
- The recognition, exercise or defence of legal claims.
- 4. Right to limitation of processing
9.4.1. The User has the right to obtain from the Data Controller the limitation of the processing of his personal data in the cases listed in Article 18 of the DGPS.
These assumptions apply when:
- The accuracy of personal data is contested by the User, for a period of time allowing the controller to verify the accuracy of the personal data;
- The processing is unlawful and the User objects to their deletion and instead demands that their use be limited;
- The controller no longer needs the personal data for processing purposes, but they are still necessary for the data subject to establish, exercise or defend legal rights;
- The User objected to the processing operation under Article 21(1) of the DGPS during the verification as to whether the legitimate grounds pursued by the Data Controller prevail over those of the data subject.
9.4.2. Where processing has been limited by virtue of these different hypotheses, the User’s personal data may, with the exception of storage, only be processed with the consent of the User concerned.
9.4.3. In accordance with Article 19 of the DGPS, the controller shall notify each recipient to whom the personal data have been disclosed of any limitation of the processing carried out, unless such disclosure proves impossible or requires disproportionate effort. The controller shall provide the data subject with information on these recipients if the latter so requests.
- 5. Data portability right
9.5.1. In accordance with Article 20 of the DGPS, Users have the right to receive from SPRL Freel personal data concerning them in a structured, commonly used and machine-readable format. Users have the right to transmit this data to another controller without SPRL Freel hindering it in the cases provided for by the DGPS.
9.5.2. When the User exercises his right to data portability pursuant to the preceding paragraph, he has the right to obtain that personal data be transmitted directly from one controller to another, where this is technically possible.
9.5.3. The exercise of the right referred to in paragraph 1 of this Article is without prejudice to the right to erasure referred to in point 9.3, which does not apply to processing necessary for the performance of a task in the public interest or in the exercise of official authority vested in the controller.
9.5.4. The right referred to in point 9.5 shall not affect the rights and freedoms of third parties.
- 6. Right of opposition and automated individual decision-making
9.6.1. The User has the right at any time to object to the processing of his/her personal data due to his/her particular situation, including the automation of data by SPRL Freel. In accordance with Article 21 of the DGPS Regulation, SPRL Freel will no longer process personal data, unless there are legitimate and compelling reasons for processing which prevail over the interests and rights and freedoms of the User, or for the establishment, exercise or defence of legal rights.
9.6.2. When personal data are processed for the purpose of prospecting, the User has the right to object at any time to the processing of personal data concerning him for such purposes, including profiling insofar as it is linked to such prospecting.
9.6.3. Where the data subject objects to the processing for the purpose of canvassing, personal data shall no longer be processed for that purpose.
- 7. Right of complaint
9.7.1. The User has the right to file a complaint concerning the processing of his personal data by SPRL Freel with the Data Protection Authority, competent for the Belgian territory. Further information can be found on the website: https://www.autoriteprotectiondonnees.be/
9.7.2. The filing of a complaint is done via one or more of the following contact details:
- Address :
Data Protection Authority
35 Rue de la Presse
- Tel: + 32 2 2 274 48 00
- : + 32 2 274 48 35
- E-mail: [email protected]
9.7.3. The User may also file a complaint with the court of first instance of the judicial district of his domicile.
10. Limitation of the controller’s liability
10.1. The freel.co Website may contain links to other websites owned by third parties not linked to SPRL Freel. The content of these sites and their compliance with the Act and the DGMP are not the responsibility of SPRL Freel.
10.2. The holder of parental authority must give his express consent for the minor under 16 years of age to disclose personal information and/or data on the freel.co Website and on the Freel Application. SPRL Freel strongly advises persons exercising parental authority over minors to promote responsible and safe use of the Internet. The controller may not be held liable for having collected and processed personal information and data of minors under 16 years of age whose consent is not effectively covered by that of their legal parents or for incorrect data – in particular concerning age – entered by minors. Under no circumstances will personal data be processed by the Data Controller if the User specifies that he/she is under 16 years of age.
10.3 SPRL Freel is not liable for the loss, corruption or theft of personal data caused in particular by the presence of viruses or following computer attacks in compliance with point 11.
11. Safety and security
11.1. The controller shall implement organisational and technical measures to ensure an appropriate level of security for the processing and collection of data. These security measures depend on the implementation costs with regard to the nature, context and purposes of the processing of personal data.
11.2. The Data Controller uses standard encryption technologies within the IT sector when transferring or collecting data on the freel.co Website or on the Freel Application.
13. Applicable law and competent jurisdiction
This Charter is exclusively governed by Belgian law. Any dispute will be brought before the courts of the judicial district of Brussels.