The website mintblue.com and all its subdomains (hereinafter the “Website“) are operated by mintBlue (hereinafter “mintBlue“), a trade name of KYRT BV, with registered office at 2000 ANTWERP, Amerikalei 13 box 16 and with company registration number BE0770.618.379. The following information, terms and conditions apply to any use of the Website by any user thereof (hereinafter the “User“).
1. Use of the Website
1.1 The data of the Website is generally intended for informational purposes within the framework of the services of mintBlue. 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 personal advice to the User of the Website. Its use is at the User’s risk and mintBlue cannot be held responsible for inaccuracies or omissions in the information provided of any kind (for example, the correctness of prices or availability of products). Information that is essential for the User of the Website should, if necessary, be checked for accuracy with mintBlue or the relevant provider.
1.2 The content of the Website can be modified regularly and mintBlue reserves the right to modify the content or remove parts at any time without notice.
1.3 The content of the Website, including brands, logos, drawings, data, product and/or company names, texts, images, software, etc. is protected by intellectual rights belonging to mintBlue or third parties who have authorized its use to mintBlue. The User is not authorized, for any reason, to modify, copy, distribute, transmit, distribute, re-offer, reproduce, publish, license, transfer or sell any information, software, products or services obtained from this Website or to create derivative works from the aforementioned elements, unless expressly authorized by mintBlue.
1.4 mintBlue can in no case against anyone, directly or indirectly, be held liable for damages due to the use of this Website or any other, in particular as a result of links or hyperlinks, including, without limitation, all losses, work stoppages, damage to programs or other data on the computer system, hardware, software or the like of the User of the website.
1.5 Any links to other websites in no way imply any acknowledgement or approval of the content of those sites and mintBlue is not responsible for the use made of those websites or any information contained therein.
2.1 Although mintBlue makes every effort to make the Website available 7 days a week and 24 hours a day, mintBlue reserves the right to interrupt access to the Website at any time and without prior notice, for technical or other reasons. mintBlue also reserves the right to terminate its services, and this without mintBlue can be held responsible for these interruptions and the possible consequences for the User or third parties.
2.2 To the extent reasonably possible, mintBlue will ensure that the Website is free of bugs, viruses, Trojan horses, spyware and other malicious or unapproved software. mintBlue can in no case be held liable for any damage and/or loss resulting from this for the User. mintBlue strongly recommends that the User install firewalls, an anti-virus program and other necessary security programs on his or her device.
3. Privacy – processing of personal data by mintBlue
3.1.1 mintBlue attaches great importance to the protection of privacy and processes the personal data provided with due care. Personal data is information that allows mintBlue to identify a person as such.
3.1.2 mintBlue reserves the right to modify this privacy statement without individual notification to the User. Such changes will be announced on the Website each time. The handling, storage and/or processing of personal data is subject to and done in accordance with the European General Data Protection Regulation (AVG) of 24 May 2016 (known as “General Data Protection Regulation” or “GDPR”) and the Law of 30 July 2018 on the Protection of Individuals with regard to the Processing of Personal Data (B.S. 5 September 2019).
3.1.3 mintBlue processes personal data of the User, where appropriate, on one of the following bases:
- the express consent of the User (obtained via a click-button, if applicable);
- the performance of the contract or the implementation of pre-contractual steps initiated by the User;
- the fulfilment of legal obligations such as, for example, in the context of invoicing and accounting; and
- the promotion of a legitimate interest justified for mintBlue.
3.1.4 In the course of the services mintBlue provides for the User, mintBlue may have access to personal data of the User and in those situations, the User entrusts mintBlue with the processing of such personal data whereby mintBlue has the capacity of “controller” and mintBlue the role of “processor”. mintBlue will process personal data according to the User’s instructions and/or in accordance with the provision of the services from the agreement with the User, or as required by law, regulatory body or competent authority. The User accepts that it is the primary responsible for the processing of personal data. mintBlue will, with due regard to the nature of the processing and the information available to it, assist the User as far as possible in enforcing the obligations pursuant to articles 32 to 36 of the GDPR. The User will reimburse all this assistance.
3.2 Rights of the data subject
3.2.2 The User has the right to information about the stored data, as well as to rectification, blocking or deletion of this data. The User may object to the use, processing and transfer of personal data.
3.2.3 The User has the right to request the updating, correction or deletion of his or her personal data (if it does not affect the services provided by mintBlue). mintBlue reserves the right to reject such requests if they may endanger the privacy of third parties, are unreasonable or repetitive, or require unreasonably large efforts on mintBlue’s part.
3.2.4 The User can object to the processing of personal data (or part thereof) by mintBlue or one of the sub-processors appointed by mintBlue or to have the provided personal data transferred by mintBlue to the User or on behalf of the User directly to a third party.
3.2.5 Unless the User requests the deletion of his or her personal data, mintBlue may retain the personal data collected until 1 year after the User has unsubscribed as a customer (but usually mintBlue will retain the personal data no longer than is reasonable for the purpose for which the data was collected).
3.3 Privacy Complaints
For any complaint regarding the processing of personal data, the User may contact mintBlue at the e-mail address: [email protected]. In addition, the User has the right to lodge a complaint with the Data Protection Authority as the supervisory authority in the field of personal data protection.
3.4 Scope of processing
3.4.1 The User’s personal data is collected by mintBlue for the following purposes and processing on the stated bases:
- So that mintBlue can contact the User for questions or to fulfil orders or agreements;
- Sending confirmations, invoices and other information or documents related to the existence, execution or termination of the agreement with mintBlue;
- To send newsletters or offers, even if no agreement exists with mintBlue, if the User has given his/her consent;
- To comply with legal obligations and improve services;
- For marketing purposes (such as making offers);
- So that mintBlue can handle questions, comments or complaints and prevent fraud;
- In the interest of the proper technical functioning of the Website;
- Develop new and enhance existing service offerings;
- Manage and develop mintBlue’s business and operations;
- Carry out any actions for which we have received the User’s consent;
- Prevent and investigate fraudulent or other criminal activity;
- To address service requests and resolve user questions; and
- Meet legal and regulatory requirements.
3.4.2 In order to realize and optimize its services or in order to meet regulatory obligations, mintBlue may, automatically or otherwise, request, collect and/or process the following personal data from the User e.g.:
- Full name;
- Residential address;
- Contact details (telephone number, e-mail address);
- Date and place of birth, gender, place of citizenship;
- Bank account information and/or credit card details;
- Company or social security number;
- The IP address of the User, the date and time of his or her visit;
3.4.3 In order to verify the identity of the User, mintBlue may ask the User to send a copy of the User’s identity card along (where it is recommended to make the passport photo invisible and to indicate that it is a copy).
3.4.4 The User, in any capacity whatsoever, is solely and at all times responsible for the accuracy of all data he or she transmits to mintBlue or makes available on the Website. The User warrants that all personal data has been collected and processed by the User in accordance with data protection legislation and other applicable laws, and that there is no restriction on the User transferring personal data to mintBlue for the purposes contemplated herein.
3.4.5 mintBlue may share personal data with third party providers based on mintBlue’s legitimate interest and/or receive information from other sources and combine that with the information mintBlue collects through its services:
- mintBlue uses third-party services that may be co-branded but will do so with clear notice. Any third-party services may collect information as determined by their own privacy policies.
- mintBlue may collect information about the User from a third-party. When the User uses or connects to the Website by or through such third-party platform, the User allows mintBlue to access and/or collect certain information from the User’s third-party services profile/account as permitted by the terms of services and the User’s privacy settings with the third-party platform.
- Banks or payment processors that the User uses to transfer currency may provide mintBlue with personal data, such as name, address and bank account information.
- Advertising or analytics providers may provide mintBlue with anonymised information about the User.
3.4.6 mintBlue implements appropriate technical and organisational security measures to ensure a level of security for customer personal data that is appropriate to the risks presented by the processing, taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of the processing as well as the risk of varying likelihood and severity for the rights and freedoms of individuals. In assessing the appropriate level of security, account shall be taken in particular of the risks that are presented by the processing, in particular from accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to customer personal data transmitted, stored or otherwise processed.
3.4.7 The User agrees that mintBlue may engage its partners and any sub-processors to process personal data in accordance with data protection laws. The User expressly authorises mintBlue to appoint any sub-processors in order to carry out the processing activities that are the subject of the agreement/relationship between the User and mintBlue. mintBlue shall conclude a (sub-)processing agreement or other legal act with these sub-processors. The details of any sub-processor used on the engagement will be provided to the User upon request. The User may object – on reasonable grounds relating to potential or actual violation of EU data protection laws – to mintBlue’s use of a sub-processor by providing written notice detailing the grounds of the User’s objection to mintBlue as soon as possible but no later than ten (10) days following mintBlue’s notification. The parties will work together in good faith to address the User’s objection. If mintBlue decides to retain the sub-processor, it will notify the User upon reasonable notice and the User will have the right to terminate the part of the services impacted by the sub-processing. The User acknowledges that objection and following change of sub-processor might impact the delivery of the services for which mintBlue shall not be responsible.
3.4.9 The User expressly authorizes mintBlue to perform international data transfers of customer personal data on the basis of appropriate safeguards in accordance with EU Data Protection Law. If mintBlue’s compliance with data protection laws applicable to international data transfers of User’s personal data is affected by circumstances outside of mintBlue’s control, including if a legal instrument for such transfers is invalidated, amended, or replaced, then the parties will work together in good faith to reasonably resolve such non-compliance.
3.5.1 The User indemnifies mintBlue against all costs, expenses (including legal fees), indemnities, losses (including business loss or loss of profits), debts, demands, claims, procedures, legal proceedings, etc. which mintBlue could be the object of because of: (i) mintBlue carrying out the customer’s instructions in connection with the processing of personal data (including instructions in connection with requests from persons exercising their rights under data protection legislation and instructions to retain, disclose, adapt or process personal data in other ways), or (ii) any violation by the customer of these conditions.
3.5.2 The liability of mintBlue is always limited to the cases specifically provided for in the GDPR. mintBlue is only liable for the damage caused by the processing if the obligations in the GDPR specifically addressed to processors are not complied with during processing or actions are carried out outside or in violation of the lawful instructions of the controller. The liability of mintBlue is in all cases always limited to the direct damage and in the event of a serious error or fraud. The User indemnifies mintBlue at all times for all claims from third parties.
4. Cookies and social media
4.1 mintBlue uses “cookies” from time to time to help personalise the User’s online experience. A cookie is a small text file that is stored on the User’s computer to help mintBlue make the User’s visit to the Website more user-friendly. The information stored in these cookies can be sent back to mintBlue’s servers or those of the relevant third parties with whom mintBlue works. Cookies provide mintBlue with information about the use of the Website that can help mintBlue improve the site.
4.3 The website of mintBlue can use various types of cookies as appropriate:
- Technical or functional cookies: These cookies ensure that certain parts of the Website work properly and that user preferences remain known. By placing functional cookies, it is ensured that the User can visit the Website more easily. In this way, for example, the User does not have to repeatedly enter the same information when visiting the Website and it is possible, among other things, that the items in the shopping basket are saved. These cookies may be placed without the User’s consent.
- Analytical cookies: Because statistics are collected anonymously, no consent is sought for the placement of analytical cookies.
- Advertising cookies: Advertising cookies are used on the Website so that the online advertising offer can be personalized for the User, and mintBlue (as well as third parties with which mintBlue collaborates) can gain insight into campaign results. This is done on the basis of a profile that is created based on click and surfing behavior within and outside the Website. By means of the cookies, a unique cookie ID is linked to the Website for the User, so the User does not see the same advertisement several times.
- Marketing tracking cookies: Marketing/tracking cookies are cookies or any other form of local storage, which are used to create user profiles to display advertisements or to track the User on the Website or on other websites for similar marketing purposes. As these cookies are classified as tracking cookies, the consent of the User is therefore requested for their placement.
4.4 The Website may include buttons from social media such as Facebook and Instagram to promote (a.o. “like”, “pin”) or share (a.o. “tweet”) web pages on social networks such as Facebook and Instagram. These buttons work through pieces of code that originate from e.g. Facebook itself. Cookies are placed by means of this code. The social media buttons can also store and process certain data so that personalized ads can be shown to the User. The User is advised to read the most recent privacy statement of these parties to know what they do with the (personal) data of the User that they process via these cookies. The information they collect is anonymized as much as possible. If the User “tags” mintBlue, the Website, services or features of mintBlue on social media, the User is assumed to agree with the “tagging” and / or sharing of his or her message by mintBlue on the Website or on the social media profiles of mintBlue.
5. Google Analytics