1. Why this privacy policy?

1.1 This is the privacy policy of MXMERCH. Our company details can be found in article 3 below.

This policy applies to the processing of your details by MXMERCH, which may or may not be available on our website at https://mariskaxmerch.com.

With this policy we try to inform you about this in a transparent way. We advise you to read this policy carefully. You can consult this policy at any time under the heading ‘Privacy Policy’ on our website.

For questions or requests you can always email to mx.merch.shop@gmail.com.

Please note that this policy does not cover the privacy policies of third parties or of websites or applications referred to by mariskaxmerch.com.

1.3. We may change this privacy policy at any time. You should therefore consult it on a regular basis. The amended privacy policy will be published on our website.

1.4. This privacy policy is subject to Belgian law. Only the courts of Gent (Gent division(s)), Belgium have jurisdiction in case of disputes.

2. Who is responsible for processing your data?

We (MXMERCH) are. We are the so-called ‘data controller’ to use a difficult term. This means that we determine the purpose and means of processing and guarantee the lawful and correct processing of your data.

3. How can you contact us?

Legal form:	BV
Company name:	Arcanii Media Entertainment
Trade name	‘Mariskaxmerch’ (or ‘MXMERCH’)
Brand and trade mark:	Mariskaxmerch
Company number (CBE):	0836.995.182
Hyperlink website:	https://mariskaxmerch.com
E-mail:	mx.merch.shop@gmail.com

4. What data do we process about you and how?

4.1. MXMERCH processes the following data:

– your personal identification details: surname, first name, address, telephone number, e-mail address;

– if you are a company: name of the company, registered office and company number;

– your financial details: bank account number and/or other payment details;

– electronic identification and location information when you visit our website: device information, browser, operating system, IP addresses, cookies, log file data, external websites that have referred you, pages you visited on the website (and date and time);

– personal characteristics if needed (e.g. for personalised cards with orders): e.g. age, date of birth and gender. 4.2. MXMERCH may receive your details either directly from you, e.g. because you provide them when ordering online on the website, or indirectly through third parties.

MXMERCH may receive and process your personal data in the context of the contract with you, when you place an order or have a delivery carried out, when you contact MXMERCH for information (in writing or through the website), or by cookies on our website.

MXMERCH may also receive your details from third parties or affiliated companies of MXMERCH.

5. Why and on what basis do we process your data?

5.1. MXMERCH processes your personal data for the following purposes:

– Customer management: We process your personal data in order to contact you, handle any questions you may have and provide you with the necessary information about our products (i.e. merchandise products such as jewellery, clothing, swimwear, perfume, phone covers, mugs, hand-drawn pictures and other Mariska X merchandise), our services, special offers, discounts, our website or other information related to our activities.

We also process your personal data for the management of our customer records, the execution and follow-up of orders, deliveries, collections, payments, administration, invoicing and accounting.

We process your data in the context of the execution of the contract with you as our customer (i.e. selling our Mariska X merchandise products to you online).

The processing of your data for these purposes is necessary for the preparation and execution of the contract.

If you do not provide us with certain details, such as your identification details or financial details, which we require for the purposes of the contract, either directly or through the web shop, we will not be able to serve you, or process or execute your order(s).

– We may process your data in order to optimise sales and our products and services. For example, MXMERCH may contact you to place a review on our website. This can be done on the basis of our legitimate interests.

– Direct marketing: Your data may be used for direct marketing. This means sending information via our newsletter or other means about our products and services or other information that could be interesting or useful to you.

If you are a customer, this can be done on the basis of our legitimate interests. If you are not a customer, we need your prior consent (e.g. by registering on our website). Your consent is free and can be withdrawn at any time.

– Ensuring the optimal functioning of our website:

When you visit or consult the website, we may process certain electronic data, such as cookies and IP address (see article 4.1 above). Cookies facilitate interaction between you as a visitor and our website and are used to improve the user experience and to collect statistics among visitors to our website. Cookies also ensure that your personal settings and preferences are stored or that audio and video material can be played back. Certain cookies may be placed by a third party, e.g. Google Analytics, to measure the use of our website.

More information on the use of cookies can be found in our cookie policy.

– The transfer to our partners, service providers, suppliers and/or other contracting parties of MXMERCH for the execution of the foregoing.

– Compliance with applicable laws.

5.2. The processing of your data, whether or not on or through the website, is not done for the purposes of ‘automated individual decision-making’ or profiling.

6. Who else receives or processes your data (besides MXMERCH)?

6.1. Your data are also primarily processed by our partners, service providers or suppliers with which we collaborate in the context of the online sale of our products. Furthermore, our website administrators, IT partners and network operators may also process your data in connection with your visit and use of our website. Companies that provide payment services, marketing services or analytical services to MXMERCH may also process your data in this context.

6.2. Finally, other companies may also process your data in the context of our activities, such as our bookkeepers, accountants, auditors, insurance brokers, insurance companies, legal advisors or other service providers.

6.3. We are not responsible for the processing of your data by third parties who do not do this on behalf of MXMERCH, but are themselves responsible for this.

6.4. MXMERCH may be obliged to provide or process your details on the basis of a legal obligation incumbent upon it and/or in response to a request to this effect from supervisory authorities or government agencies.

7. How long do we keep your data?

7.1. We will not retain your data for longer than is necessary for the purposes described in article 5 above, unless special legal provisions apply to their retention or processing.

7.2. For example, we will retain your data for the purposes of online sales for a maximum of 10 years after the (last) order or delivery (this is the limitation period for contractual claims). Other time limits apply for certain other data. For example, we will keep certain social security documents relating to staff for five years and certain accounting and tax documents for seven years. We will retain data of job applicants for up to three years after their application, unless we need the data to defend ourselves against possible claims (e.g. concerning discrimination in the recruitment process) in which case we may keep the data for up to five years.

Certain other data may also be subject to specific legal retention periods. In any case, the principle applies here that we do not keep your data longer than necessary.

8. What are your rights?

8.1. You have the right to information about the processing of your data. This will be communicated to you in this privacy policy. You may also ask us to provide additional information at any time.

8.2. You have the right to ask us for:

– access to your data.

You can get one copy of the requested information free of charge. If you request additional copies, we may charge you a reasonable fee to cover the administrative cost.

– rectification of your data (if necessary);

– deletion of your personal data if:

o the processing of those data is no longer necessary for the purpose or purposes for which they were processed by us;

o you have withdrawn a previously given consent;

o you object to our processing;

o the personal data may have been processed unlawfully by us;

o this is necessary to comply with a legal obligation; or

o the personal data may have been processed in connection with the provision of online services to children.

– limitation of the processing that relates to you.

You have the right to obtain a limitation of the processing if:

o you dispute the accuracy of the data at our disposal;

o the processing is unlawful and you oppose the deletion of the personal data and instead request the restriction of their use;

o we no longer need those data whereas you still need them for the institution, exercise or substantiation of legal claims; or

o pending an answer to the question of whether the legitimate grounds of MXMERCH outweigh yours or your (privacy) rights if you have objected to the processing on the grounds of our legitimate interest.

8.3. You have the right to object to the processing of your data.

You may at any time and free of charge object to the processing of your data for direct marketing purposes. You can do this simply by letting us know at mx.merch.shop@gmail.com and/or by unsubscribing from our website. This can also be done through the mailings themselves (at the bottom there is always the option to unsubscribe). You will then no longer receive newsletters from us.

8.4. You have the right to portability of your data (to another data controller). This is only possible if the processing by us is based on your consent or if the processing is carried out using automated processes.

8.5. If the processing of your personal data is based on your consent, you have the right to withdraw your consent at any time.

8.6. You also have the right to complain to the Data Protection Authority (rue de la Press 35, 1000 Brussels – T: +32(0)2 274 48 00 – E: contact@apd-gba.be). In the event of a complaint, you may always contact MXMERCH directly: mx.merch.shop@gmail.com.

8.7. The exercise of your rights as set out above is always subject to the requirements and conditions set out in the applicable law (such as the General Data Protection Regulation (the ‘GDPR’)).

8.8. To exercise your rights, you can simply send a request to MXMERCH atmx.merch.shop@gmail.com.In doing so, you must identify yourself sufficiently. If we have reason to doubt your identity, we may ask you for additional information to confirm your identity. We will usually ask for a copy of your identity card to verify who is actually making a request.

Any questions? Feel free to contact us: mx.merch.shop@gmail.com.