Privacy and Cookie Notice

1. Privacy and Cookie Notice

Umicore respects your privacy and is committed to protecting your personal information. Before using www.umicoregoldshop.be ("Website"), please read this Privacy and Cookie Notice ("Notice") carefully. As explained below, this Notice governs the collection, storage, and processing of certain information in connection with your use of the Website.  If you do not accept and agree to be bound by this Notice, then please discontinue use of the Website.

Umicore and/or its group companies are the controllers of the processing of all Personal Data that fall within the scope of this Notice. This Notice indicates what Personal Data are processed by Umicore and for what purpose, and to which persons or entities the data will or may be provided.

2. Definitions

Defined terms are used in this Notice for clarity and convenience. In addition to the terms defined herein, the terms below have the following meanings:

• "Cookies" means small data files that are placed on your computer or other electronic devices when you visit the Website and similar tracking technology such as tracking pixels;
  
  
• "Personal Data" means any information collected by Umicore in connection with your use of the Website and that identifies, or may be used to identify, you personally, including, without limitation, your name, postal address, e-mail address, and telephone number;
  
  
• "Plug-in" means a software component that adds a specific feature or functionality to the Website;
  
  
• "Schöne" means Schöne Edelmetaal BV, a Dutch company affiliated with Umicore;
  
  
• "Terms" means Schöne’s Terms of Use, which govern your use of the Website and are located at the following address: https://www.umicoregoldshop.be/en/terms-of-use-goldshop/ ;
  
  
• "Umicore" means Umicore, NV/SA, a Belgian company having its registered office at Broekstraat 31/Rue du Marais, B-1000 Brussels, Belgium, including its affiliates and subsidiaries; and
  
  
• "User Data" means all information, including Personal Data, about you as a user of the Website collected by Umicore without any action on your behalf (other than using the Website), including, without limitation, the date, time, and duration of your visit, the pages you viewed, and the searches you conducted.

3. How do we collect User and Personal Data?

3.1 This Notice covers Umicore's online processing activities.

3.2 Umicore collects information when you are browsing our Website in two different ways:

(a)    directly (for example, when you provide information to sign up for a newsletter or in the context of communications through the Website); and

(b)    indirectly (for example, through the Website's technology via Cookies). The information Umicore processes may have been obtained from you or from certain third parties.  Such third parties may include Umicore’s affiliates, public authorities, public websites, suppliers and vendors.

4. How do we use your Personal Data?

4.1 To provide our products and services

We collect Personal Data in order to offer our products and/or services. We may use the information collected in order to validate your order, to process your payment and to provide the products and services that you requested, ordered or to which you subscribed. We will also use your Personal Data as far as necessary for the handling and fulfilment of your order as well as to provide customer support. We also use this information for customer management purposes and to maintain our relationship with you.

4.2 To verify your identity

We may use the information collected from you to verify your identity. We may also use this information to establish and set up your account, verify or re-issue a password, log your activity and contact you from time to time.

4.3 To track any fraudulent activities and other inappropriate activities and monitor content integrity on our Website.

4.4 To improve our products and services in order to make them fit for our customers' needs and to draw insights in relation to possible improvements.

4.5 To improve our services to you and customize your browsing experience. Some of the information (particularly the information collected by Cookies and other tracking technology) helps us improve our Website.

4.6 To communicate with you

Umicore collects and processes Personal Data in response requests related to, or communications received through the Website; including, without limitation, your name, postal address, e-mail address, and telephone number.  For example, if you request access to certain content on the Website and provide your name and e-mail address to Umicore in connection with that request, then Umicore may collect, store, and process your name and e-mail address for the limited purpose of responding to that request.

If you engage with us through social media, e.g. Facebook, Twitter or LinkedIn, we collect login information and any Personal Data you voluntarily provide, such as messages you post on our social media pages.  If you upload content, including your Personal Data, to a social network and then tag our Website, your submission will be subject to that social network's terms of use and privacy notice, even where you post on an official Umicore page on the social network.  We do not have control over these terms of use and privacy policies and have not reviewed their adequacy.  You should therefore review these before submitting any Personal Data.

4.7 Umicore does not knowingly collect, use, or process Personal Data of users who are under 18 years of age.  In fact, the Website is intended solely for users who are 18 years of age or older.  If you believe that Umicore has collected, used, or processed Personal Data of any person who is under 18 years of age, please contact Umicore's Data Protection Manager via data_protection@umicore.com.

4.8 Umicore also collects, stores, and processes User Data.  User Data is collected each time you access the Website.  User Data is collected automatically through the Website's technology (via Cookies).  Umicore may collect and process, including without limitation, details of your visits to the Website, the pages you viewed and the searches you conducted.  When this User Data relates to an identified or identifiable user, Umicore will treat it as Personal Data.  For more information about the collection, use, and processing of User Data, please see clause 15.

5. Use of Personal and User Data

5.1 Umicore collects and further processes Personal Data to:

(a)    respond to requests related to the Website;

(b)    respond to communications received through the Website;

(c)    enforce Umicore’s rights and defend its interests; and

(d)    provide information related to Umicore’s or Schöne’s products and services, including sales, marketing, advertising, and promotional information where you have agreed to this.

5.2 Umicore collects and further processes User Data to:

(a)    monitor use of the Website;

(b)    improve the functionality of the Website;

(c)    implement security measures associated with the Website;

(d)    enforce Umicore’s rights and defend its interests; and

(e)    facilitate the general administration of the Website.

5.3 Umicore will not use your data for purposes that are incompatible with the purposes of which you have been informed, unless it is required or authorized by law.

6. Carrying out Direct Marketing

6.1 We may use your Personal Data, such as your address for direct marketing purposes.  We may for example send you emails to inform you of news and updates about our services.  This may be in the form of email, post, SMS, telephone or targeted online advertisements.  Where required by law, we will obtain your consent prior to sending you such marketing information.

6.2 To protect your privacy and ensure you have control over the use of your Personal Data, we will always give you the opportunity to "opt out" of direct marketing when you contact us in relation to a product or service or you receive any email, text or other direct marketing communication.

6.3 You have a right to prevent direct marketing of any form at any time - this can be exercised by following the opt-out link attached to each communication, by changing privacy settings within your Umicore account or by sending an email to data_protection@umicore.com.

6.4 Based on the information we have about you, we take steps to limit direct marketing to a reasonable and proportionate level, and to send you communications which we believe may be of interest or relevance to you, based on the information we have about you.

7. Legal basis of the processing

7.1 Umicore only processes your Personal Data for the purposes set out in this Privacy Notice where Umicore is satisfied that:

(a)    you have provided your consent to Umicore using your Personal Data for that purpose (e.g. where you provide Umicore with marketing consents or opt in to additional services);

(b)    Umicore's use of your Personal Data is necessary to comply with a relevant legal or regulatory obligation that Umicore has.  For example, to maintain appropriate business records, to comply with lawful requests by public authorities and to comply with applicable laws and regulations or as otherwise required by law;

(c)    our use of your Personal Data is necessary to perform a contract or take steps to enter into a contract with you (i.e.: placing and delivering an order); or

(d)    Umicore's use of your Personal Data is necessary to support legitimate interests that Umicore has as a business to provide products and services to its customers, provided it is conducted at all times in a way that is proportionate, and that respects your privacy rights.

7.2 Umicore has a legitimate interest in collecting and processing Personal Data, for example:

(a)    to ensure that its networks and information are secure;

(b)    to ensure proper communication with you;

(c)    to administer, improve and generally conduct business; and

(d)    to avoid non-compliance.

7.3 To the extent you have consented to the processing of your Personal Data, you have the right to withdraw your consent at any time.

8. Disclosure of Data

8.1 Umicore may disclose Personal Data:

(a)    to Umicore’s affiliated companies (including Schöne in particular);

(b)    to any third parties to whom the relevant Umicore entity subcontracts all or part of this processing.  The purpose of this transfer will be to help manage our business and deliver services.  For instance, we may transfer your Personal Data to a service provider to the extent necessary to provide our services.  Other instances may include transfers to e-marketing service providers, hosting providers and any other relevant roles.  Note that we will never sell your Personal Data to a third party.  These third parties have agreed to confidentiality restrictions and use any Personal Data we share with them or which they collect on our behalf solely for the purpose of providing the contracted service to us;

(c)    to Umicore’s professional advisors;

(d)    to third parties in connection with a (potential) merger, acquisition, bankruptcy or sale of all or substantially all of our assets, to the extent that this is necessary for the process;

(e)    where permitted by local data protection laws, or otherwise allow others access to your Personal Data pursuant to a legal request, such as a subpoena, legal proceedings, search warrant or court order, or in compliance with applicable laws, if we have a good faith belief that the law requires us to do so, with or without notice to you.  If warranted, we may also allow access to this information in special emergencies where physical safety is at risk;

(f)    as requested by governmental or administrative authorities; and

(g)    as necessary to enforce its rights and defend its interests.

9. Transferring Personal Data globally

9.1 Your Personal Data may be transferred and stored outside your place of residence, that are subject to different standards of data protection.  In particular, if you live in the EEA, you should be aware that your Personal Data may be shared with, and transferred to, Umicore affiliates and third-party service providers who are located outside the EEA.  We will take appropriate steps to ensure that transfers of Personal Data are in accordance with applicable law and carefully managed to protect your privacy rights and interests and transfers are limited to countries which are recognized as providing an adequate level of legal protection or where we can be satisfied that alternative arrangements are in place to protect your privacy rights.  To this end:

(a)    we will ensure that transfers within Umicore and its affiliates will be covered by an agreement entered into by members of Umicore Group (an intra-group agreement) which contractually obliges each member to ensure that Personal Data receives an adequate and consistent level of protection wherever it is transferred within the Group;

(b)    where we transfer your Personal Data outside Umicore or to third parties who help provide our products and services, we will obtain contractual commitments from them to protect your Personal Data; or

(c)    where we receive requests for information from law enforcement or regulators, we will carefully validate these requests before Personal Data is disclosed.

9.2 You have a right to contact us for more information about the safeguards we have put in place (including a copy of relevant contractual commitments) to ensure the adequate protection of your Personal Data when this is transferred as mentioned above.

10. Security

10.1 Umicore understands the importance of your personal information and provides reasonable administrative, technical, and physical security controls to protect Personal Data, such as, for example, encryption, encrypted tunnels, firewall and anti (D)DOS protection.  These controls are designed to maintain the confidentiality of Personal Data and protect it from unauthorized access, improper use, and accidental loss.  However, you acknowledge and agree that:

(a)    in general, the transmission of information over the internet is never completely secure, private, or confidential; and

(b)    any information that is sent to or received by the Website may be intercepted, decrypted, consulted, and used by third parties, even if the exchange of such information is encrypted.

10.2 The Website may, from time to time, contain links to and from the websites of Umicore’s partner networks and affiliates.  If you follow a link to any of these websites, please note that these websites have their own privacy policies and that Umicore does not accept any responsibility or liability for these policies or websites.  Please check these policies before you submit any Personal Data to these websites.

11. Data Retention

Umicore will retain the Personal Data only for as long as is necessary to fulfil the purpose(s) for which it was collected and to comply with applicable laws. The criteria used to determine the retention periods include: if you have an account with Umicore, Umicore will only keep the data while your account is active or for as long as needed to provide services to you; Umicore retains your data as long as it has an ongoing relationship with you; Umicore retains your data as needed to comply with its global legal and contractual obligations.

12. Plug-ins

The Website uses several Plug-ins. When you visit a page on the Website that uses a Plug-in, your browser establishes a direct connection to the server of the applicable third-party software platform (e.g., Facebook, Twitter, LinkedIn, YouTube) ("Platform"). The Platform then directly transfers the Plug-in content to your browser, which embeds such content in the Website.  This process enables the Platform to receive information about your use of the Website.  If you are a member of a Platform and logged into your Platform account, then your use of the Website may also be assigned to your Platform account.  If you want to prevent such assignment, then please log off of your Platform account before using the Website.  For further information regarding the privacy, protection, and processing of your Personal Data by Platforms, please consult their respective privacy statements.

13. Cookies

13.1 The Website uses several Cookies.  These Cookies are designed to, among other things, operate the Website, enhance your user experience, and collect User Data.  You can find more information about Cookies at the following addresses: www.allaboutcookies.org and www.youronlinechoices.eu.

13.2 The main categories of Cookies are described below:

(a)  Necessary cookies

These cookies are essential for you to browse the website and use its features, such as accessing secure areas of the site. Cookies that allow web shops to hold your items in your cart while you are shopping online are an example of strictly necessary cookies. These cookies will generally be first-party session cookies. While it is not required to obtain consent for these cookies, what they do and why they are necessary should be explained to the user.

(b)  Preferences

Also known as “functionality cookies,” these cookies allow a website to remember choices you have made in the past, like what language you prefer, what region you would like weather reports for, or what your user name and password are so you can automatically log in.

(c)  Statistics

Also known as “performance cookies,” these cookies collect information about how you use a website, like which pages you visited and which links you clicked on. None of this information can be used to identify you. It is all aggregated and, therefore, anonymized. Their sole purpose is to improve website functions. This includes cookies from third-party analytics services as long as the cookies are for the exclusive use of the owner of the website visited.

(d)  Marketing

These cookies track your online activity to help advertisers deliver more relevant advertising or to limit how many times you see an ad. These cookies can share that information with other organizations or advertisers. These are persistent cookies and almost always of third-party provenance.

Update your preferences

14. Your Rights

14.1 Subject to paragraph 14.2, certain exemptions, and in some cases dependent upon the processing activity we are undertaking, you have the following rights in this paragraph:

(a)    to request that we provide you with a copy of your Personal Data that we hold and you have the right to be informed of:

(i)    the source of your Personal Data;

(ii)    the purposes, legal basis and methods of processing;

(iii)    the data controller's identity; and

(iv)    the entities or categories of entity to whom your Personal Data may be transferred;

(b)    to request that we cease processing your Personal Data, in whole or in part, as you direct us, for any purpose, save to the extent it is lawful to do so without consent;

(c)    to request that we restrict the processing of your Personal Data where:

(i)    the accuracy of the Personal Data is contested;

(ii)    the processing is unlawful but you object to the erasure of the Personal Data;

(iii)    we no longer require the Personal Data for the purposes for which it was collected, but it is required for the establishment, exercise or defence of a legal claim;

(d)    to request that we erase your Personal Data in limited circumstances where it is no longer necessary in relation to the purpose(s) for which it was collected or processed;

(e)    to challenge processing which we have justified on the basis of a legitimate interest;

(f)    to request that we not transfer your Personal Data to unaffiliated third parties for the purposes of direct marketing or any other purposes;

(g)    to request that we change the manner in which we contact you for marketing purposes;

(h)    to request that we correct any errors in your Personal Data;

(i)    to request that we update your Personal Data as required.  Note that you may also correct, update or remove certain parts of such Personal Data by yourself, or completely deactivate your Umicore account, through your account settings;

(j)    to obtain a copy of the safeguards under which your Personal Data is transferred outside the EU; and

(k)   to lodge a complaint with your local supervisory authority for data protection.

14.2 We may ask you for additional information to confirm your identity and for security purposes, before disclosing the Personal Data requested to you.  We reserve the right to charge a fee where permitted by law, for instance if your request is manifestly unfounded or excessive Personal Data. If, despite Umicore’s commitment and efforts to protect your Personal Data, you believe that your data protection rights have been violated, you have the right at all times to lodge a complaint with a supervisory authority.

15. Contact information

To exercise your rights, or if you have any comments, questions, or concerns about this Notice, please contact Umicore Data Protection Manager by email at data_protection@umicore.com.

We will attempt to resolve any complaints regarding the use of your Personal data in accordance with this Privacy Notice.

For EU Member State residents, you also have a right to lodge a complaint with your national data protection supervisory authority at any time. However, we encourage you to first contact us.

THIS NOTICE is effective as of May 10, 2019.