Updated on September 1, 2024

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1. Parties and Purpose

Get Out There BV (hereinafter "Element X" or the "Data Controller")

Oudenaardseheerweg 147
9810 Nazareth, Belgium
KBO/VAT: BE 0789.739.554
Email: info@elementx.travel
Phone: 0478271764

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Element X has established this Privacy Policy to transparently inform Users about the website hosted at the following address: www.Element X.be (hereinafter referred to as the "Site") and the manner in which personal data is collected and processed by Element X.

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The term "User" refers to any user, whether a natural or legal person, who visits the Site or communicates with the Site in any way.

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As the Data Controller, Element X determines all the technical, legal, and organizational means and purposes for processing the personal data of the Users. Element X is committed to taking all necessary measures to ensure that personal data processing complies with the Belgian Act of July 30, 2018, concerning the protection of natural persons regarding the processing of personal data (hereinafter the "Act") and Regulation (EU) 2016/679 of the European Parliament and the Council of April 27, 2016, on the protection of natural persons concerning the processing of personal data and on the free movement of such data, repealing Directive 95/46/EC (i.e., the General Data Protection Regulation (GDPR); hereinafter the "Regulation").

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Element X is free to choose a natural or legal person who processes the Users' personal data on its request and behalf (hereinafter the "Processor" or "Subcontractor"). In such cases, Element X is committed to selecting a Processor that offers sufficient guarantees regarding technical and organizational measures for processing personal data, in compliance with the Act and Regulation.

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2. Processing of Personal Data
The use of the Site by the Users may result in the collection of personal data. The processing of this data by Element X, as the Data Controller or by service providers acting on behalf of Element X, is done in accordance with the Act and Regulation.

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Personal data is processed by Element X, in line with the purposes listed below, through the following methods:

Element X primarily processes your data after you fill out our web forms. We also process data provided to us through correspondence, email, or telephone.

Element X may also receive personal data from other sources:
Public sources, such as official government publications (e.g., Belgian Official Gazette, KBO),
Trendstop and Bizzy for the purchase of business contact details and for the unique identification, validation, and linking of your personal data, Advertisers, Social media.

3. Purpose of Processing Personal Data

In accordance with Article 13 of the Regulation, the purposes of processing personal data are communicated to the User. These purposes include:

Primarily, we use your personal data within the context of any potential contract you may have with Element X. This includes, among other things, administration, billing, complaint handling, and the provision of services related to the contract.
Secondly, we use your personal data to respond to and follow up on inquiries received via the contact form on our website.

We may also use your personal data to handle consumer complaints submitted via the complaint form on the website.

If no contract exists with Element X, we may use your personal data to send newsletters or information about our operations, provided you have given your explicit consent. In such cases, you always have the option to withdraw your consent. Additionally, if no contract or pre-existing relationship exists with Element X, we may store your data in our CRM system to facilitate future communication or relationship development.
Lastly, we use your personal data to ensure the proper technical operation of our web portal. By visiting our website, you agree to the processing of your data for these technical purposes.

4. Personal Data That May Be Processed

The User agrees that, during the visit and use of the Site, Element X may collect and process the following personal data:

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Name, first name(s), address (such as street name, house number, PO box, postal code, city/town, country), contact details (e.g., email address, telephone number, fax number, mobile phone number), delivery address, account number, and KBO and/or VAT number.
Element X collects and processes this personal data in accordance with the conditions and principles described in this Privacy Policy.

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5. Consent

By accessing and using the Site, the User declares that they have read and freely, specifically, informedly, and unambiguously given their consent to the processing of their personal data as outlined in this Privacy Policy.

Consent is granted by the positive and active action by which the User ticks the box for the privacy policy in a 'hypertext link'. This consent is essential for performing certain actions on the Site or enabling the User to enter into a contractual relationship with Element X. Any agreement between Element X and a User regarding the services and goods offered on the Site is subject to the acceptance of this Privacy Policy by the User.

The User agrees that the Data Controller collects and processes their personal data, provided on the Site or related to the services offered by Element X, for the purposes mentioned above.

The User has the right to withdraw their consent at any time. The withdrawal of consent does not affect the lawfulness of the processing based on the previously given consent.

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6. Retention Period of Users' Personal Data

In accordance with Article 13(2) of the Regulation, the Data Controller retains personal data only for as long as is reasonably necessary to achieve the purposes for which it is processed.

This period is always no longer than necessary for the purposes for which we collect your personal data, as long as no legal obligation requires us to retain your data longer.

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7. Data Recipients and Disclosure to Third Parties

Personal data may be transferred to employees, collaborators, subcontractors, processors, or suppliers of Element X, provided adequate guarantees are in place to ensure the security of the data, and provided they are collaborating with Element X in marketing the products or providing services. They act under the direct authority of Element X and are responsible for collecting, processing, or subcontracting these data.

In all cases, the recipients of the data and those to whom the data is disclosed must comply with the content of this Privacy Policy. Element X ensures that they only process these data for the intended purposes and in a discrete and secure manner.

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In the event that data is disclosed to third parties for direct marketing or prospecting purposes, the User will be informed in advance so that they can provide explicit consent for the use of their personal data.

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8. Users' Rights

Users can exercise their rights at any time by sending an email to the following address: info@ElementX.be or by sending a letter by post, accompanied by a copy of their ID card, to the following address: Poortakkerstraat 37D, 9051 Ghent.

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a. Right of Access

In accordance with Article 15 of the Regulation, Element X guarantees the right of access to personal data for the User. The User has the right to access their personal data and the following information:

The categories of personal data involved;

The recipients or categories of recipients to whom the personal data is disclosed;
If the recipients are located in third countries or international organizations, the appropriate safeguards;
If possible, the proposed storage period for personal data or, if not possible, the criteria for determining this period;

The existence of automated decision-making, including profiling, referred to in Article 22, paragraphs 1 and 4, of the Regulation, and, in such cases, relevant information on the underlying logic, as well as the significance and expected consequences of such processing for the individual.

The Data Controller may charge a reasonable fee based on administrative costs for additional copies requested by the User.

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When the User submits a request electronically (e.g., via email), the data will be provided in an electronic format commonly used, unless otherwise requested by the User.

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The copy of the data will be provided to the User no later than one month after receipt of the request.

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b. Right to Rectification

Element X guarantees the User's right to correct or delete personal data.

In accordance with Article 16 of the Regulation, incorrect, inaccurate, or irrelevant data may be corrected or deleted at any time. The User first makes the necessary changes through their user account unless they cannot do so independently, in which case the request can be directed to Element X.

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In accordance with Article 19 of the Regulation, the Data Controller informs any recipient to whom personal data have been disclosed of any corrections to personal data unless such correction is impossible or requires disproportionate effort. The Data Controller provides the User with information about these recipients upon request.

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c. Right to Erasure

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The User has the right to obtain the deletion of their personal data as soon as possible in the cases specified in Article 17 of the Regulation.

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If the Data Controller has made personal data public and is obligated to erase it under the previous paragraph, the Data Controller, taking into account available technologies and implementation costs, will take reasonable steps, including technical measures, to inform other controllers processing the personal data that the individual has requested the deletion of links to these personal data or copies or reproductions thereof.

The previous two paragraphs do not apply to the extent that processing is necessary:

For the exercise of the right to freedom of expression and information;

To comply with a legal obligation under Union or Member State law to which the Data Controller is subject, or to perform a task carried out in the public interest or in the exercise of official authority vested in the Data Controller;

For the establishment, exercise, or defense of legal claims.

In accordance with Article 19 of the Regulation, the Data Controller informs each recipient to whom the personal data was disclosed of any erasure or restriction of processing unless this is impossible or requires disproportionate effort. The Data Controller will provide the User with information about these recipients upon request.

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d. Right to Restrict Processing

The User has the right to obtain the restriction of the processing of their personal data in the cases listed in Article 18 of the Regulation.

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In accordance with Article 19 of the Regulation, the Data Controller informs each recipient to whom personal data has been disclosed of any restriction of processing unless this proves impossible or involves disproportionate effort. The Data Controller will provide the User with information about these recipients upon request.

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e. Right to Data Portability

In accordance with Article 20 of the Regulation, Users have the right to receive their personal data from Element X in a structured, commonly used, and machine-readable format. Users have the right to transmit these data to another Data Controller without obstruction from Element X, in the cases provided by the Regulation.

When exercising their right to data portability as per the previous paragraph, the User has the right to have personal data transferred directly from one controller to another, where technically feasible.

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The exercise of the right to data portability is without prejudice to the right to erasure. This right does not apply to processing necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the Data Controller.

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The right to data portability does not affect the rights and freedoms of others.

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f. Right to Object and Automated Individual Decision-Making

The User has the right to object at any time to the processing of their personal data due to their specific situation, including the automation of data processing by Element X. In accordance with Article 21 of the Regulation, Element X will cease processing personal data unless there are legitimate and compelling reasons for the processing that override the interests, rights, and freedoms of the User, or for the establishment, exercise, or defense of legal claims.

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When processing personal data for prospecting purposes, the User has the right to object at any time to the processing of their personal data for such prospecting purposes, including profiling related to such prospecting.

When the User objects to processing for prospecting purposes, the personal data will no longer be processed for that purpose.

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g. Right to File a Complaint

The User has the right to file a complaint regarding the processing of their personal data by Element X with the Data Protection Authority competent for the Belgian territory. More information can be found on the website: https://www.gegevensbeschermingsautoriteit.be.

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Complaints can be submitted to the following addresses:

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Data Protection Authority
Drukpersstraat 35, 1000 Brussels
Tel. +32 2 274 48 00
Fax. +32 2 274 48 35
Email: contact@apd-gba.be

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The User may also file a cessation action before the president of the court of first instance of their place of residence.
 

9. Cookies

The Site uses cookies to distinguish Users. This allows for a better browsing experience and helps improve the Site and its content. The objectives and methods for using cookies are described in this section.

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a. General Principles

A "Cookie" is a file temporarily or permanently placed on the User’s device when visiting the Site, to facilitate future connections. Cookies allow the server to recognize the User's device.

Cookies may also be installed by third parties with whom Element X collaborates.

Some of the cookies used by Element X are necessary for the proper functioning of the Site, while others are needed to improve the User's experience.

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Users can adjust or disable cookies through their browser settings.

By using the Site, the User expressly agrees to the management of cookies as described in this section.

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b. Types of Cookies and Purposes

Different types of cookies are used on the Site by Element X:

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Technical cookies: These are necessary for the operation of the Site, enabling communication of entered data and facilitating the User's navigation.

Analytical and audience cookies: These cookies allow the recognition of the User and are used to count the number of Site users over a given period. They also indicate browsing behavior and help improve the User's experience by suggesting relevant offers and proposals. They allow Element X to identify and fix potential bugs on the Site.

Functional cookies: These cookies make the Site easier to use by preserving certain inputted choices (e.g., username or language).

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Tracking cookies: Element X uses tracking cookies through Google Analytics to measure user interaction with the Site content and to generate anonymous statistics. These statistics help Element X improve the Site. Google provides an explanation of these cookies at the following address: http://www.google.nl/intl/en_uk/policies/privacy/.

c. Cookie Retention Period
Cookies are stored for the time necessary to fulfill the intended purpose. Cookies that may be stored on the User's hard drive and their retention periods are as follows:
 

DOMAIN    NAME    RETENTION PERIOD

Element X    __cfduid    30
Element X    __RequestVerificationToken    0
Element X    _aimtellSubscriberID    100
Element X    _dc_gtm_UA-#    0
Element X    _vr_g_0_5_c    730
Element X    accept_cookies    365
Element X    ASP.NET_SessionId    0
Element X    brabantvac_session    1
Element X    CFGLOBALS    10950
Element X    CFID    1
Element X    CFTOKEN    1
Element X    consent_session    0
Element X    cookie_notice_accepted    0
Element X    cookielawinfo-checkbox-necessary    0
Element X    data_layer    0
Element X    didomi_token    365
Element X    euconsent    365
Element X    has_js    0
Element X    ForeverInternalUserId    10957
Element X    jellow_session    1
Element X    jobat-be#lang    0
Element X    language    730
Element X    limburgvac_session    1
Element X    PHPSESSID    0
Element X    UserLanguage    365
Element X    viewed_cookie_policy    365
Element X    wordpress_google_apps_login    0
Element X    X-Magento-Vary    0
Element X    XSRF-TOKEN    1
Element X    zimmo-id    6496
Element X    Locale    730
Element X    ci_session    730
Element X    __ssds    180
Element X    c_05    730

d. Managing Cookies

If the User does not want the Website to place cookies on their hard drive, they can easily manage or delete them by adjusting their browser settings. By configuring the browser, the User can also receive a notification when a website uses cookies and decide whether to accept or refuse them.

If the User disables certain cookies, they accept that the Site may not function optimally. Some parts of the Site may be unusable or only partially usable.

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If the User wishes to manage and/or delete certain cookies in this way, they can do so via the following link(s):

For Users with a browser:

Internet Explorer: http://windows.microsoft.com/en-us/windows-vista/block-or-allow-cookies
Microsoft Edge: http://windows.microsoft.com/en-gb/windows-10/edge-privacy-faq
Chrome: https://support.google.com/accounts/answer/61416?hl=fr
Firefox: https://support.mozilla.org/en/kb/enable-and-disable-cookies-website-preferences
Safari: https://support.apple.com/kb/ph21411?locale=en_CA

If the User refuses to allow the use of Google Analytics cookies, they are invited to configure their browser to do so on the following website: http://tools.google.com/dlpage/gaoptout.

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10. Limitation of the Data Controller’s Liability

The website may contain links to third-party websites that are not linked to Element X. The content of these sites and their compliance with the Regulation and the Act are not the responsibility of Element X.

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The legal guardian must give explicit consent for minors under 16 years of age to disclose personal information or data through the Site. Element X strongly encourages persons exercising parental authority over minors to promote responsible and safe internet use. The Data Controller cannot be held liable for the collection and processing of personal data from minors under 16 years old whose consent is not effectively covered by that of their legal parents, nor for any incorrect data, particularly concerning age, provided by minors. Under no circumstances will personal data be processed by the Data Controller if the User indicates that they are under 16 years of age.

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Element X is not responsible for the loss, damage, or theft of personal data, particularly as a result of viruses or following computer attacks.

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11. Security Measures
The Data Controller implements technical and organizational measures to ensure an appropriate level of security for the processing and collection of data. These security measures depend on the implementation costs relative to the nature, context, and purposes of processing personal data.

The Data Controller uses standard encryption technologies within the IT sector during the transfer or collection of data on the Site.

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12. Modifications to the Privacy Policy
Element X reserves the right to modify this Privacy Policy to comply with legal obligations. Therefore, Users are requested to regularly consult the Privacy Policy to stay informed of any changes and adjustments. Such changes will be posted on the Site or sent by email to ensure they are binding.

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13. Applicable Law and Competent Jurisdiction
This Privacy Policy is exclusively governed by Belgian law. Any dispute will be submitted to the courts of the judicial district where Element X’s registered office is located.

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14. Contact
For any questions or complaints regarding this privacy policy, the User may contact the Data Controller at the following address: info@elementx.travel

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