Privacy declaration

You are not always aware of it, but every user of our platform always releases some 'personal data'. Personal data are those data that allow us to identify you as a natural person, whether or not we actually do so. This will be the case as soon as a direct or indirect link can be established between one or more data and a natural person.

The collection and processing of personal data is subject to strict conditions by the legislator as stipulated in legislation, mainly the law of 8 December 1992 on the protection of privacy (Privacy law). We have drawn up this Privacy Statement because we want to communicate honestly and transparently about this.

By using the platform and its services, we assume that every User has taken note of this Privacy Statement and therefore accepts the collection and processing of his personal data in the manner described here.

Our Privacy Policy is subject to future adjustments and changes. These will be clearly communicated in the Privacy Statement. It is therefore up to the User to take note of this document on a regular basis. Any substantial change will always be clearly communicated.

1. Who processes the personal data?
The Privacy Act makes a distinction between the person responsible for the processing and the parties that actually carry out the processing. For that reason we distinguish:

1.1 Controller of the processing?
The data controller, also known as data controller, is any natural or legal person who, alone or jointly with others, determines the purpose and legal and technical means for the processing of personal data. The following person has been designated as responsible processor:

The Garden Of Arts
Linde 6B
B-8840 Staden
Company number (VAT-BE) 0896.950.288

E-mail: (as well as

1.2 Actual processor?
The actual processor is the natural or legal person who processes personal data on behalf of the controller. The actual processor is responsible for the proper technical operation of the platform and functionalities. It does not include persons who, under the direct authority of the controller, are authorized to process the data.

The Garden of the Arts selects its actual processors with the utmost care. Every actual processor must offer sufficient guarantees with regard to technical and organizational security measures regarding the processing, and comply with the obligations of Article 16, §1 of the Privacy Act.

The controller does not bear or assume any liability in the event of loss or corruption of data, identity theft, data theft, viruses or Trojan horses, SQL injections or other attacks on computer systems or online cloud portals. The actual processor decides autonomously on the most technically suitable application to process the data, and does so on the basis of his professional expertise. The data controller cannot be expected to have the same expertise and specialty.

2. For what purposes will my personal data be used?
De Tuin Der Kunsten only collects your personal data for one overarching purpose, namely to offer every User of our platform and webshop a safe, optimal and personal user experience. The collection of personal data becomes more extensive as the User makes more intensive use of the platform and our online services.

This data processing is therefore essential for the operation of the platform and the associated services. The processing only takes place for the following (internal) purposes:

The User Profile; each user receives their own, individual User Profile with which they can actively use our platform. The User Profile is necessary to use the functionalities of the platform, including making purchases, drawing up reviews and the like.
A personalized and general service; we can use your data for the following purposes:
Sending (reasonably) useful and necessary communications, regardless of a commercial or non-commercial nature. The Garden of the Arts can send commercial communications on behalf of third parties.
Providing support in case of questions or comments.
The follow-up of feedback regarding the operation of our website, webshop and services.
The detection of and protection against fraud, errors, criminal behavior and/or any other act that goes against the conditions under which our platform is offered.
Since there is no brake on technology and innovation, it is impossible to make an estimate of our future website and services. It is therefore important that this consent also relates to the use of personal data in the context of the development of new services and functionalities insofar as this falls within the original objective of our platform.

We collect personal data in the following ways:

2.1 Through the registration procedure.
The use of our online order method requires the creation of an individual User Profile and the associated User Registration. This means that we collect all data necessary for the personalized service such as gender, age, demographic data as well as some essential contact details such as address, email address, telephone and fax number. Additional personal data may be collected during the further processing of the purchase. The data subject always decides for himself about the amount of information he discloses.

Under no circumstances do we collect sensitive personal data from the User, such as data about your race, political opinions, health, religious and other beliefs, sexual orientation and the like.

2.2 By various technical means.
The platform uses various means to optimize the User experience and detect any (technical) errors in the platform;

Cookies; this information allows us to recognize the User and thus make efficient use of the platform functions such as staying logged in, using the shopping cart, reading reviews, displaying personalized commercial messages, etc. For further clarification on our cookies, we would like to refer you to our Cookie Policies;
Log information: this concerns information such as the IP address and various telecommunications data.
Information related to the used device such as hardware and software information and network information.
Local storage information.
The platform also collects anonymous data, which is technical data that is used exclusively for internal purposes to get an idea of ​​the User navigation on your website.

2.3 Will my data be used outside the EU (or even transferred to third parties)?
In the first place, the personal data is only processed for internal use within De Tuin Der Kunsten. We can therefore reassure you that personal data will not be sold, passed on or communicated to third parties affiliated with us. Data can nevertheless be communicated to third parties if:

There is explicit consent from the data subject;
When the transfer is necessary for the performance of the agreement. This will be the case with employees, collaborators, agents, subcontractors, suppliers, commercial partners, marketing services, etc.;
When the transfer is necessary for the conclusion or performance of a contract concluded or to be concluded in the interest of the User between the controller and a third party. For example in the context of fraud;
When the transfer is necessary or required by law (substantial public interest or right);
If none of the aforementioned grounds are present, you can rest assured that your personal data will be processed confidentially. We never pass on your personal data to third parties without prior anonymization (eg external analysis).

The data subject is certain of the confidential processing of his personal data in the event of a takeover or sale of De Tuin Der Kunsten. In this case, De Tuin der Kunsten will provide the necessary information to the person concerned.

The Garden of the Arts is a Belgian company. Nevertheless, there may be data processing and/or transfer to countries outside the European Union. Pursuant to Article 21 of the Privacy Act, personal data may only be transferred to countries that guarantee the same adequate level of protection and where the same or similar provisions of the Privacy Act are complied with. The country, duration of the transfer and storage, nature of the data and precise purposes are criteria that must be examined on a case-by-case basis.

The Garden of the Arts guarantees that no transfer to third countries for data processing or storage takes place without the necessary measures being taken to comply with the protection requirements of the Belgian Privacy Act. This transfer will only take place on the basis of one of the legal grounds, such as the consent of the data subject.

3. Is location data stored?
The analytical data of De Tuin Der Kunsten does indeed show location data. Based on this data, your (probable) location on a map ('Map') can be determined and indicated. However, these indications (based on an IP address) are anything but accurate, and therefore more than insufficient to find out your exact location.

We therefore do not use this location data to identify you, but only to guarantee the proper technical operation of our platform.

4. What are my rights?
4.1 Guarantee of lawful and secure processing of personal data
Every User can assume that De Tuin Der Kunsten always processes your personal data 'fairly and lawfully'. This means the following guarantees;

Personal data will only be processed in accordance with the expressly described and legitimate purposes.
We only collect and process personal data to the extent that this is adequate, relevant and not excessive.
We never store your personal data longer than strictly necessary, i.e. as long as your account is active or as long as the personal data is necessary to offer you a certain service.
The Garden of the Arts has taken sufficient technical and organizational security measures to guarantee the safe processing of your personal data. These security measures are in proportion to the nature of the personal data and the potential risks.

The risks of accidental or unauthorized destruction, accidental loss, alteration of or access to, and any other unauthorized processing are therefore reduced to a minimum. Unfortunately, this does not mean that there is no risk anymore. In the event of a break-in on its computer systems, De Tuin Der Kunsten will immediately take all possible measures to limit damage and/or theft to a minimum.

In accordance with Belgian Privacy legislation, every user enjoys certain specific rights regarding the processing of personal data. The User exercises his rights as soon as it seems necessary. The User exercises his right via a dated, written request to De Tuin Der Kunsten, by post or by e-mail via The Garden of the Arts undertakes to comply with your request within 15 working days.

4.2 Right to object
Every User can always object to the processing of his personal data. This right to object only exists if there are compelling and justified reasons related to his particular situation. The exceptions of Article 5, (b) and (c) of the Privacy Act also apply to this right of objection. The User can, at any time, free of charge and without giving reasons, object to the intended processing of his personal data if these personal data were obtained for direct marketing purposes.

The User is also entitled, at any time, free of charge and without justification, to obtain the removal of or the prohibition on the use of all personal data concerning him that, in view of the purpose of the processing, are incomplete or irrelevant, or of which the recording, communication or storage are prohibited, or which have been stored after the permitted period.

4.3 Right of Access
Any User who proves his identity has a right of access to information about whether or not personal data are being processed, as well as the purposes of this processing, the categories of data to which these processing operations relate and the categories of recipients to whom the data is provided.

4.3 Right to Improvement
The Garden of the Arts is committed to data collection that is as accurate as possible. Inaccurate or incomplete personal data can therefore always be corrected or even erased. Since it is impossible to be continuously aware of every change or error in the personal data, it is up to you as a User to report inaccuracies and incompleteness and in the first place to make the necessary adjustments yourself within its User registration. The deletion mainly concerns visibility, so it is possible that the deleted personal data will still be temporarily stored.