Version 1.0 – December 2016
Article 1 – General terms
1.1. NOMIGE, as a Belgian company, applies the “law of December 8, 1992 on Privacy Protection in relation to the Processing of Personal Data” as modified by the “law of December 11, 1998” and by the “law of June 13, 2005 on electronic communications”.
1.3. NOMIGE takes responsibility for the processing of your personal data as “data controller”. A notification has been made to the Commission for the Protection of Privacy with regard to the processing of your personal data, as required by the Law.
Article 2 – Collected personal data
2.1. Data you communicate to us:
- Category 1, without registration: your IP-address;
- Category 2: your profile name, password, e-mail address, login and (possibly) your profile picture;
- Category 3: your address details provided when placing an order;
- Category 4: upon registration for the newsletter: your e-mail address;
- Category 5: genetic information;
- Category 6: health information;
- Category 7: data obtained by placing cookies: cfr. article 9;
2.2. NOMIGE can obtain personal data though different means:
a. by placing cookies (see below);
b. during your registration and use of the Website;
c. by filling out the questionnaire
Article 3 – Purposes of the processing of data
3.1. General purposes:
NOMIGE will use the obtained personal data solely for the purposes mentioned below:
- Category 1: your IP-address for maintaining and improving the Website and the creation of anonymous statistics based on the “legitimate interest” of NOMIGE to improve her service and Website;
- Category 2: profile name, login, password (and possibly your profile picture) in order to manage your account on the Website and use the forum based on the execution of the agreement which you requested, in order to send you direct marketing mailings, if you requested so, based on your explicit consent.
- Category 3: the delivery and invoice-details of the products you ordered, based on the delivery of a service which you requested.
- Categorie 4: your e-mail address in order to send you direct marketing mailings, newsletters, promotions, based on your explicit and preliminary consent.
- Category 5: genetic information, based on your explicit and preliminary consent;
NOMIGE will, based on a DNA-sample which you have prepared and send to NOMIGE for examination, edit your DNA-profile based solely on these genotypes which are related to your skin condition and skin ageing. NOMIGE will not execute a complete DNA-analysis, but will limit the examination of the sample to the collagen degradation, hydration and anti-oxidant level of your skin.
This genetic information will be processed by NOMIGE in order to send you your DNA-analysis report and in order to designate to you a specific and tailor-made product from the NOMIGE-brand.
Your genetic information (category 5) and your health information (category 6) will be anonymized and put into a database, which allows NOMGE (as well as other scientific institutions) to conduct further scientific research to trends or correlations and innovations regarding to a better skin treatment as well as research to dermo-cosmetica and nutri-cosmetica based on fenotype and genotype. This anonymized database can be sold by NOMIGE to scientific institutions for scientific research purposes, in case you have given your explicit and preliminary consent. (“opt-in”)
The DNA-sample will be destroyed after analysis.
- Category 6: health information regarding your skin, based on your explicit and preliminary consent;
Certain external factors such as food, air pollution,.. have an important impact on your skin and skin condition. NOMIGE asks you to fill out a questionnaire relating to your health but limited to these factors which are relevant to your skin condition.
We will use the results of the questionnaire in order to provide you with a “life-style-cream”, which can be used as one of the four creams we provide you with.
The information from the questionnaire will also be anonymized and will be put into a database allowing further scientific research based on the aforementioned grounds.
- Category 7: cookies, cfr. article 9 for more information.
You are not obliged to provide us with your personal data, however you must understand that the delivery of certain services is not possible in case you refuse to provide us with certain personal data.
3.2. Direct marketing:
Your personal data will only be used for direct marketing purposes if you give your explicit and preliminary consent.(“opt-in”).
In case you have given your consent and you are added to NOMIGE’s direct mailing list, NOMIGE may use your personal data to send you marketing material as well as other material relating to NOMIGE, her products and/or services.
NOMIGE can also transfer your personal data to her partners, for direct marketing purposes.
This consent can be revoked at all times, for free and without motivation by clicking the unsubscribe button below every promotional e-mail.
3.3. Transfer to third parties:
NOMIGE will appeal to third parties in executing the agreement, in order to provide the requested service.
NOMIGE will call upon a laboratory which will execute the DNA-analysis. However, the laboratory appointed by NOMIGE, only receives your DNA-sample linked to a unique code. Your personal data, your DNA-sample excluded, will not be transferred to third parties and nor the laboratory nor its personnel nor its subcontractors will have access to your personal data.
NOMIGE has appointed the following laboratory:
2333 CC LEIDEN
Apart from the laboratory, your personal data will also be transferred to the printing office responsible for printing the DNA-analysis reports. The printing office appointed by NOMIGE is:
In case of whole or partial reorganization or cession of NOMIGE’s activities, whereby NOMIGE reorganizes, transfers, ceases her business activity or in case NOMIGE goes bankrupt, your personal data may be transferred to new entities or third parties.
NOMIGE will try, if reasonably possible, to inform you on beforehand of the fact that NOMIGE transfers your personal data to a third person, but you must be aware that this is not always possible nor technically nor commercially.
NOMIGE won’t sell, let, hand out your personal data nor place them at disposal of third parties, except in the situations provided for in this policy or unless your explicit and preliminary consent.
3.4. Legal requirements:
In extraordinary circumstances it may occur that NOMIGE is obliged to transfer your personal data following a court order or in order to comply with imperative laws and/or regulations. NOMIGE will, if reasonably possible, try to inform you on beforehand, unless revealing this information is subject to legal constraints.
Article 4 – Duration of the processing
We will store and process your personal data during the period necessary depending on the purposes of the processing as well as depending on the contractual relationship between you and NOMIGE.
- Category 1: without registration: your IP-address: for the duration of your visit to the Website;
- Category 2: profile name, login, password (possibly your profile picture) will be stored for the duration of your client relation with NOMIGE
- Category 3: your e-mail address will be stored for the duration of your client relation.
- Category 4: your address will be stored for the duration of your client relation with NOMIGE.
- Category 5: genetic information. This information linked to your profile, will be stored for the period of your client relation with NOMIGE and will be stored for 1 year every time you place an order with NOMIGE. In addition, your genetic information, without being linked to your identity, will be safeguarded for the time necessary to conduct this research. This genetic data will be anonymized whereby it becomes impossible to identify you based on this data.The DNA-sample will be destroyed after examination.
- Category 6: Health information. This information, linked to your profile will be stored during the period of your client relation with NOMIGE and will be stored for 1 year every time you place a new order. In addition, your health information, without being linked to your identity will be stored to conduct scientific research. The personal data will be anonymized, whereby it becomes impossible to identify you based on this data.
- Category 7: Cookies, cfr. Article 9;
Article 5 – Your rights
5.1. Right of access and right to obtain a copy
You have the right to freely obtain at any moment access to your personal data, as well as to be informed about the purpose of the processing by NOMIGE.
5.2. Right to rectification, erasure or restriction
You have the choice to share your personal data with NOMIGE. You also have the right to request NOMIGE to rectify or erase your personal data. You acknowledge that a refusal to share data or a request to erase these data will make the delivery of certain services and/or products impossible. You can also request the processing of your personal data to be restricted.
5.3. Right to object:
You have the right to object to the processing of your personal data when you have serious and legitimate reasons to do so.
You also have the right to object to the use of your personal data for purposes of direct marketing. In such case specific reasoning will not be requested.
5.4. Right to data portability:
You have the right to obtain your personal data which is processed by NOMIGE in a structured, commonly used and machine-readable format and/or to transfer this data to another data controller.
5.5. Right to withdraw consent:
When the processing is based on prior consent you have the right to withdraw this consent.
5.6. Exercising your rights:
You can exercise your rights by contacting us, either through e-mail to email@example.com or by mail to NOMIGE, 9000 Gent, Brouwerstraat 18 or through the link ‘Contact us’ on the Website, with a copy of your ID as attachment.
5.7. Automated decisions and profiling:
The processing of your personal data does not include profiling, nor shall you be subjected to automated decisions.
5.8. Right to file a complaint:
You have the right to file a complaint with the Belgian Privacycommission: Commission for protection of personal life, Drukpersstraat 35, 1000 Brussels, Tel +32 (0)2 274 48 00, Fax +32 (0)2 274 48 35, e-mail: firstname.lastname@example.org.
This does not affect a procedure before the civil court.
If you have suffered damages caused by the processing of your personal data you can file a claim for damages.
Article 6 – Safety and Confidentiality
6.1. We have adopted safety measures which are suited on both a technical and an organisational level to avoid the destruction, the loss, the forgery, the adjustment, the non-authorised access or the notification of the personal data by accident to a third party, as well as the non-authorised processing of these data.
More specifically, the sensitive personal data stemming from your DNA-analysis as well as the personal data from the health questionnaire will be encrypted. This information can only be read by NOMIGE and/or her employees in possession of the right key. The outside world cannot read this encrypted information.
6.2. NOMIGE shall not be liable in any way for direct or indirect damages caused by a wrongfully or improper use of the personal data by a third party.
6.3. At all times you shall comply with safety standards, for instance by avoiding all non-authorised access to your login and access code. You are solely responsible for the use of the Website on your computer, IP-address and identification data, as well as for its confidentiality.
Artikel 7 – Access by third parties
7.1. In order to process your personal data we provide access to your personal data to our employees. We also grant access to your personal data to the printing office responsible for printing the reports of the DNA-analysis, and to the laboratory responsible for processing the DNA-samples in correspondence with the abovementioned clauses.
Article 8 – Declaration Privacy Commission
A declaration regarding the processing of data was made to the Belgian Privacy Commission for the processing of personal data.
You can reach the Commission on the following address:
Commissie voor de Bescherming van de Persoonlijke Levenssfeer
+32 (0)2 274 48 00
+32 (0)2 274 48 35
Article 9 – Cookies
9.1. What is a cookie?
A “cookie” is a small text file that is sent from the server of NOMIGE and is stored on your computer’s hard drive. This way we can remember your preferences when visiting our Website. The information stored through these cookies can only be read by NOMIGE and only for the duration of your visit to the Website.
9.3. Kind of cookies:
Cookies can be subdivided based on their offspring, function and durability.
The Website only uses the following cookies:
Authenticationcookies - ‘Remember me’
To identify the user when logged in
User input cookies - ‘Lifestyle Identifier’
To remember user actions on a website
User interface customization-cookies
Used to remember user preferences.
Used to capture visitor traffic behavior
Social plug-in trackingcookies
Used to offer social media modules on a website such as a Facebook like button, LinkedIn share button, or the ability to retrieve a message.
For cookies set by third parties (Google Analytics) we kindly refer you to the statements set forth by these parties on their respective websites. Beware, we do not have any influence on the content of these statements nor on the content of the cookies of these third parties: Google Analytics cookies
9.4. Your permission:
You can block Cookies by activating your browser settings which allows you to refuse the cookies. The rejection of these cookies may have the effect of not allowing you to use some functionalities on the Website.
In case you have any more questions or remarks regarding the processing of personal data, please contact NOMIGE per e-mail to email@example.com or by mail to NOMIGE, 9000 Gent, Brouwerstraat 18 or by using the “Contact us” button on the Website.
More information on cookies can also be found via the following link: http://www.allaboutcookies.org/
More information on online behavioural advertising and online privacy can be found via the following link: http://www.youronlinechoices.eu/
Article 10 – Applicable Law and jurisdiction