Privacy policy, terms and conditions of use and conditions relating to personal data of DAY ONE MPM

General

This privacy policy comes into force on 25 May 2018 and was released by DAY ONE MPM, with registered office at 8800 Roeselare, Kwadestraat 153 box 0.3 – CBE 0821.537.144. (Hereinafter referred to as DAY ONE).

DAY ONE is a Media – Marketing – PR agency specialised in B2C communication – Media Output – Online & offline advertising campaigns – Branding.

DAY ONE values your privacy. When you contact DAY ONE, you may share personal information with us which allows us to identify you as an individual, an employee of a company, etc. (such as your full name, email address, address and telephone number). This is your “personal data”.

This Privacy Statement applies to the personal data we collect about you to provide our products and services and for Customers to whom we provide services.  By using the site or by providing us with your personal data, you accept the practices described in this Privacy Statement.

 

Processing of personal data

DAY ONE as Data controller

DAY ONE collects, registers and processes personal data of customers and users of our services.  For example, data is provided by persons themselves when they contact us, when they register for our tools or when DAY ONE offers its services.

This personal data is always processed with due observance of the principles of privacy legislation and the General Data Protection Regulation, i.e. European regulation 2016/679 of 27 April 2016 on the protection of personal data. Personal data is processed in a lawful, proper and transparent way for a specific and explicit purpose. Data processing is restricted to what is necessary and the retention period of the personal data is limited to as long as necessary to achieve the purposes of the processing.  Personal data is protected in an appropriate manner by appropriate technical and organisational measures; DAY ONE processes your personal data, among others for the following purposes:

• Customer management;
• Information about our professional and social activities, or any other subject that may be of interest to you;
• Sending our newsletter and/or advertising brochure;
• To contact you, if necessary, to perform our services;
• For the further execution of agreements;
• To inform you about changes of our services and products;
• To deliver goods and provide services to you;
• To process your payment;
• To respect legal obligations;
• When the company’s legitimate interest so requires, but this is always clear to the data subject;

Other data is automatically collected by ‘cookies’ and other systems/applications that collect information. DAY ONE uses technical, functional and analytical cookies. A cookie is a small text file that is stored on your computer, tablet or smartphone when you first visit the website. The cookies we use are necessary for the technical operation of the website and to increase the user-friendliness. They ensure that the website works properly and remembers, for example, your preferences. They also allow us to optimise the website.  You can switch off cookies by setting your internet browser to no longer save cookies. In addition, you can also delete any information previously stored via the settings of your browser. (more information is available in the Cookie policy)
 

DAY ONE as Processor

DAY ONE provides PR/Marketing/Media services to its Customers, which consist of, among others:

• PR Strategy
• Press releases
• Approach & support of customised press file as single point of contact for Belgium
• Arranging and negotiating additional promotions, in line with the strategy and in line with the agreed and available copies.
• Handling the sending of press copies & copies as a function of promotions
• Set up of FTP + ad hoc delivery of visual material & press information where necessary
• Media Monitoring, collection of clippings and reporting
• Media advice and info if necessary (Belgian media landscape, trends, events, opportunities, etc.)
• Set up, manage and report media campaigns
• Social Media Management
• 3rd Party Licensing & Partnerships
• Brand activation
• Launch events
• Influencer Marketing
• …

With regard to the processing for the Customers of any personal data in the context of the above list, the customer shall have the role of “Data controller” and DAY ONE the role of “Processor” as described in the EU General Data Protection Regulation (EU 2016/679).   The customer’s instructions are restricted to this cooperation agreement or the Commission in question.

The Customer accepts that DAY ONE acts as a supplier of services and not as a supplier of the underlying tools, unless this has been agreed between the customer and DAY ONE. DAY ONE is not obliged to check or know about the data stored by the CUSTOMER on his tool or platform. However, DAY ONE has the right (but not the obligation) to remove such data at any time and without prior notice, if such data are illegal in DAY ONE’s reasonable opinion, or violate (or threaten to violate) the rights of third parties.  DAY ONE also has the right to remove such data at any time and without prior notice at the request of the competent authorities.

DAY ONE shall process such personal data according to the customer’s lawful instructions and/or in accordance with the provision of the services under the agreement between DAY ONE and the customer, or as required by law, the regulatory body or competent authority. In the latter case, DAY ONE shall, insofar as possible, inform the customer in advance, unless prohibited by the relevant law, regulatory body or competent authority.

The customer accepts that he is the primary controller for the processing of Personal Data and shall properly and correctly follow up DAY ONE’s design/draft/tool.   DAY ONE shall, with observance of the nature of the processing and information made available, provide as much support as possible to the customer in enforcing the obligations under articles 32 to 36 GDPR.  The Customer will reimburse all these support services

• Support relating to the security of the processing (Article 32 GDPR).
• Data breach support (Articles 33 and 34 GDPR) – DAY ONE shall inform the customer without unreasonable delay as soon as it becomes aware of a Personal data breach.
• Privacy Impact Assessment support (Articles 35 and 36 GDPR) – When a type of processing presents a high risk to the rights and freedoms of natural persons, the customer shall carry out an assessment of the impact of the intended processing activities on the protection of personal data in accordance with Articles 35 and 36 GDPR prior to processing.

On termination of this Agreement, DAY ONE shall, if the CUSTOMER so requests, immediately return or destroy the Personal Data and/or existing copies, insofar as this is reasonably possible.  DAY ONE will confirm that it has done so (except where a relevant law or authority requires DAY ONE to keep a copy of the Personal Data). For the sake of clarity, nothing in this section obliges DAY ONE to destroy copies of data that it holds in its own name as Data controller.

Customers give DAY ONE general consent to provide personal data to processors or affiliated companies where this is necessary for the performance of our agreement with you or to comply with a legal obligation or where the company’s legitimate interest so requires or when this is compatible with the purpose of the processing and is done proportionally.  This provision concerns the active and systematic processing of personal data. A list of these processors can be requested. In case of changes regarding the Processors, the necessary information shall be provided to the customers. Customers can submit objections within 7 days, if not they implicitly agree.

DAY ONE opts for partners who can guarantee the same level of security and confidentiality of your personal data.
 

Rights of the data subject

If you wish to consult, transfer, modify, correct, restrict or remove your data, you can send an e-mail to the following address free of charge, subject to providing a copy of your identity card, to email address: info@dayonempm.be. In this way, and by following the same procedure, you can also object to the processing of personal data or state your desire to terminate the communication.  The data will be changed or removed insofar this is possible and according to the technical possibilities.  Your request shall be handled as soon as possible. Your request shall be complied with as much as possible, unless this proves impossible following the interests of the company or a legal obligation.  In the event of a data breach that threatens to violate your rights and the protection of your personal data, the supervisory authority shall be informed and, in the event of a high risk to your rights and freedoms of natural persons, you, the data subject, shall be informed.
 

Security and confidentiality

DAY ONE has developed technical and organisational security measures to prevent the destruction, loss, falsification, alteration, unauthorised access or erroneous notification to third parties of personal data collected on the website and any other unauthorised processing of such data. Under no circumstance can DAY ONE be held responsible for any direct or indirect damage arising from a faulty or unlawful use by a third party of your personal data.

All data are treated confidentially at all times.

If you feel your data is not secure or there are indications of misuse, please contact info@dayonempm.be.
 

Accuracy of your data

You guarantee that the data you provide is correct and complete. The provision of incorrect data or data belonging to third parties may result in the user being temporarily or permanently denied access to all or part of DAY ONE’s products and services.
 

Relating to minors

Our website and/or service does not intend to collect data about website visitors under the age of 13 unless they have parental or guardian consent.  We therefore advise parents to be involved in their children’s online activities to prevent data about children from being collected without parental consent.  If you believe that we have collected personal data about a minor without consent, please contact us at info@dayonempm.be, and we will remove that information. If it concerns an online application of one of our customers, please contact them first, as they are primarily responsible for collecting the data.

 

Intellectual property rights

The content of this site, including the brands, logos, drawings, data, product or company names, texts, images etc. are protected by intellectual property rights and belong to DAY ONE or entitled third parties.

 

Information on the website

By using this website you undertake to respect and accept the following terms and conditions of use. DAY ONE owns the exclusive copyright as well as the intellectual property rights of this website, its design and the entire content. Use of this website, or parts thereof, in any form, is prohibited without DAY ONE’s prior written consent.

Saving (other than is necessary to view the website), reproducing, changing, making public, distributing or sending, selling or otherwise transferring information or granting rights to this information to third parties, offered on or via this website without prior written consent, is prohibited.

The information on this website is of a general nature. The information is not adapted to personal or specific circumstances, and therefore cannot be considered as personal, professional or legal advice for the user.

The website may contain hyperlinks to websites or pages of third parties, or indirectly refer to them.  Inserting links to these websites or pages in no way whatsoever implies an approval of the content thereof. In this way our platform can be connected to other systems, but DAY ONE does not process this data.  DAY ONE explicitly declares it has no control over the content or other characteristics of these websites and can under no circumstance be held liable for the content or the characteristics thereof or for any other form of damage following the use thereof.

 

Liability

However, DAY ONE cannot be held liable for direct or indirect damage following the use of the information on this site.

If you notice any inaccuracies in the information made available on the site, you can contact the site administrator.

The content of the site (links included) can be adjusted, modified or supplemented at all times without announcement or notification.  DAY ONE does not provide any guarantees relating to the efficient operation of the website and can in no way whatsoever be held liable for a bad operation or the temporary (un)availability of the website or for any form of damage, directly or indirectly, which could arise from access to or use of the website.

DAY ONE can under no circumstance be held liable vis-à-vis anyone, directly or indirectly, in a particular or any other way, for damage following the use of this site or other services, more particularly as a result of links or hyperlinks, including, without limitation, all losses, work interruptions, damage to programs or other data on the computer system, of equipment, software or anything else of the user.

DAY ONE’s total liability shall in any case not exceed the total amount of costs paid by the Customer as specified in this Agreement with a maximum of EUR 2500.

The CUSTOMER shall indemnify DAY ONE against all costs, expenses (including legal expenses), indemnities, losses (including business loss or loss of income), debts, demands, claims, proceedings or suits, etc. which DAY ONE may suffer as a result: (i) The performance by DAY ONE of instructions given by the Customer in connection with the processing of Personal Data (including instructions in connection with requests of persons exercising their rights under the Data Protection Act, and instructions to store, disclose, modify or otherwise process Personal Data); or (ii) any breach by the Customer of this article.

DAY ONE’s liability is therefore always limited to those cases specifically provided for in the GDPR and which constitute gross negligence or fraud on the part of DAY ONE. DAY ONE shall only be liable for damage caused by processing if the processing did not comply with the specific obligations of the GDPR concerning Processors or acted outside or contrary to the legitimate instructions of the Data controller. DAY ONE’s liability is always restricted to the direct damage in all cases.

The CUSTOMER indemnifies DAY ONE at all times against all third-party claims.
 

General provisions:

This Privacy statement may be amended from time to time. The changes come into force automatically following publication.

If one of the preceding provisions concerning the processing of personal data is not valid, it will be replaced by a provision that will approach the underlying purpose of the proposed provision as closely as possible.

DAY ONE’s privacy policy is subjected to Belgian law.

The Belgian authorities (e.g. the Data Protection Authority) and the Belgian courts, more specifically those of the Court of West-Vlaanderen, Kortrijk department, to the exclusion of all others, have jurisdiction to hear disputes and complaints that may arise in relation to this website or its use or in relation to the processing of personal data.

DAY ONE