PRIVACY POLICY

1.1 The following definitions are used in this privacy policy:

• upMention: the user of this privacy policy: the private company with limited liability upMention B.V., with its registered office at Distributieweg 22 (2645 EJ) in Delfgauw, registered with the Chamber of Commerce under Chamber of Commerce number 58042423;
• Data subject: the natural person who (on behalf of a company) has entered into an agreement with upMention, or the natural person who has contacted upMention (on behalf of a company) in connection with. the conclusion and/or execution of the agreement or the natural person who (on behalf of a company) visits the website;
• agreement: the agreement between upMention and the data subject whereby the data subject makes use of the service that upMention offers;
• website: the website upmention.uk managed by upMention;
• profiling: the processing of personal data whereby certain personal aspects of the data subject are evaluated on the basis of personal data with the aim of analyzing or predicting his personal preferences, interests, online search behaviour, location;
• personal data: data with which a natural person can be identified.

Article 2. Personal data

2.1 Careful handling of personal data is of great importance to upMention. With regard to the processing of personal data, upMention acts in accordance with applicable laws and regulations.

2.2 upMention handles personal data with care and treats it confidentially.

2.3 upMention collects personal data from the data subject when the data subject has provided this personal data to upMention (via the website) or when the data subject visits the website or has contacted upMention by telephone or e-mail.

2.4 upMention collects and processes the following personal data:

• first and last name;
• address;
• ZIP code and residence;
• Bank account number;
• telephone number;
• email address;
• date of birth;
• gender;
• Citizen service number;
• IP address;
• surfing behaviour;
• location data;

2.5 upMention does not process any special personal data of those involved.

2.6 The website and/or service does not intend to collect data about data subjects who are younger than 16 years old. Unless they have permission from parents or guardian. However, upMention cannot check whether a data subject is older than 16. upMention therefore advises parents to be involved in the online activities of their children, in order to prevent data about children being collected without parental consent. If the data subject is convinced that upMention has collected personal data about a minor without this consent, the data subject should contact upMention using the contact details included in Article 12.1 and upMention will terminate the processing and delete the personal data.

Article 3. Basis and purpose of the processing

3.1 The basis of the processing of the personal data is the execution of the agreement or, at the request of the data subject, the taking of pre-contractual measures. In the case of profiling, this is the consent of the data subject.

3.2 upMention collects and processes the personal data for the following purposes:

• handling a question and/or comment from the data subject;
• issuing a quotation and/or offer to the person concerned;
• the conclusion of the agreement;
• to be able to contact the data subject regarding the execution of the agreement;
• maintaining a customer relationship with the data subject;
• building and maintaining a customer base;
• sending an invoice;
• fulfilling administrative duties;
• to provide the data subject with personalized advertisements and content (profiling), see also Article 4;
• to send the data subject a newsletter, if he has given permission for this, see also article 5;
• to improve upMention’s website and services;
• generating general statistics about the use of the website.

3.3 The provision of the name, address, telephone number and e-mail address of the data subject is a contractual obligation. No agreement can be concluded without the name, address, telephone number and e-mail address.

3.4 upMention will not store the personal data for longer than is strictly necessary to achieve the goals, as described in Article 3.2, for which the personal data is processed.

3.5 upMention only processes the personal data that are minimally necessary for the existing purposes. upMention strives for minimal data processing.

3.6 upMention will not process the personal data for purposes other than those described above.

Article 4. Profiling

4.1 Profiling is only performed if the data subject has given permission to upMention. This consent can be withdrawn by the data subject at any time.

4.2 The purpose of profiling is:

• to show the data subject advertisements or other content on the website of which upMention suspects that the content of the advertisement or content is in accordance with the interests of the data subject;
• marketing analytics.
• sending a personalized newsletter.

4.3 Profiling can take place through a combination of the data provided by the data subject when creating an account and data originating from different cookies.

4.4 For profiling purposes, the following data may be processed by upMention:

• gender;
• age;
• location data;
• searches entered on the website;
• surfing behaviour.

Article 5. Newsletters

5.1 Newsletters are only sent to the data subject if the data subject has given upMention explicit unambiguous consent for this. The data subject can unsubscribe from newsletters at any time, see Article 6.

5.2 upMention will not approach the data subject for direct marketing purposes if the data subject has not given permission for this.

Article 6. Unsubscribe from newsletters

6.1 The data subject can unsubscribe from newsletters in the following ways:

• by clicking in the e-mail in which the newsletter is included on the link that allows the data subject to unsubscribe from such newsletters;
• by contacting upMention, see Article 12.1 for contact details.

6.2 In every newsletter sent to the data subject, a link is included with which the data subject can unsubscribe from the newsletters.

Article 7. Deletion of personal data

7.1 upMention will remove personal data from its systems without undue delay, among other things if:

• the personal data are no longer necessary for the purposes for which they were processed;
• the data subject objects to the processing of his personal data and this objection is justified;
• the personal data is incorrect or outdated.

7.2 upMention is not obliged to delete personal data if there is one of the situations described in the law where the “right to be forgotten” does not apply.

Article 8. Provision of personal data to third parties

8.1 upMention will not provide the personal data of the data subject to third parties until:

• upMention has obtained explicit prior permission for this from the data subject;
• one of the legal bases applies to which the provision of personal data to a third party is permitted;
• it is necessary for the execution of the agreement;
• the transfer takes place to a processor engaged by upMention for the purposes listed in this privacy policy, with which processor upMention has concluded an agreement that ensures that the processor offers sufficient guarantees with regard to technical and organizational security measures with regard to the processing to be performed.

8.2 The data subject can withdraw his consent to provide personal data to third parties at any time.

Article 9. Right of access, right to transferability, rectification and deletion

9.1 On request, upMention will grant the data subject access to all personal data that upMention has of him and provide the data subject with a copy of this data free of charge in such a form that the data subject can transfer this personal data to a third party.

9.2 upMention offers the data subject the opportunity to have any incorrect data that upMention has of him rectified or deleted free of charge.

9.3 The request for access, modification or deletion of data can be submitted in writing or via email to upMention, see Article 12.1 for contact details. upMention will respond to such a request as soon as possible and in any case within 4 weeks.

9.4 If upMention has corrected or deleted the personal data at the request of the data subject, upMention will inform the third parties to whom the data has been provided of this change, unless this is impossible or requires disproportionate effort.

Article 10. Objection

The data subject can object to the processing of his personal data by upMention if his personal data are used for purposes other than those necessary for the execution of an agreement or necessary for compliance with a legal obligation. The data subject can object by sending a written objection to upMention, see Article 12.1 for contact details. upMention will respond to the objection within 4 weeks. If the objection is justified, upMention will terminate the processing.

Article 11. Right to restriction of processing

If the data subject has submitted a request for correction, deletion or objection to the processing of his personal data and this request is being processed by upMention, the data subject can request upMention to limit the processing of his personal data.

Article 12. Contact

12.1 For questions about this privacy policy or questions or complaints about the processing of personal data by upMention, please contact upMention. upMention is available on working days by telephone via +31 (0)15 760 1600 and by e-mail via info@upmention.nl.

12.2 If upMention is unable to resolve a complaint about the processing of personal data to the satisfaction of the data subject, the data subject has the right to submit a complaint to the Dutch Data Protection Authority (Autoriteit Persoonsgegevens).

Article 13. Security measures

13.1 To prevent access to personal data by unauthorized persons, loss, theft, and unlawful use of personal data, upMention has taken various security measures, including measures against unauthorized access, use, alteration, unlawful and accidental destruction, and accidental loss of personal data.

13.2 upMention takes the following security measures:

• using systems with strong passwords to prevent unauthorized access to information systems;
• using secure network connections;
• data provided to upMention is stored through a secure web environment;
• periodically checking the security measures taken;
• timely software updates and backups on secure data carriers;
• As a rule, e-mail messages and/or other documents containing personal data of data subjects are not printed. If something is printed anyway, the document is kept in a locked cabinet or the document is destroyed immediately after use;
• physical protection of its IT facilities, equipment and server with data against access by unauthorized persons and against damage and malfunctions.

Article 14. Privacy policy of third parties

14.1 This privacy policy does not apply to websites or applications of third parties, such as social media websites, which are connected to the website by means of links. upMention does not accept any responsibility or liability with regard to the way in which these websites handle personal data. For more information about the way in which these third parties deal with personal data, etc., the privacy policy of the relevant website or application should be consulted.

Article 15. Changes

15.1 upMention reserves the right to make unilateral changes to this privacy policy. The website contains the latest version of upMention’s privacy policy.

Article 16. Data breach

16.1 If a security incident has occurred at upMention in which personal data of a sensitive nature have been leaked or as a result of which there is a serious adverse effect on the protection of the processed personal data for any other reason, upMention will, if possible, within 72 hours after the discovery of the report the data breach to the Dutch Data Protection Authority and act in accordance with the Data Breach Reporting Policy Rules of the Dutch Data Protection Authority.

16.2 If there is a data breach at upMention that has unfavorable consequences for the privacy of the data subject, upMention will immediately inform the data subject.

Article 17. Cookies

17.1 upMention uses functional, analytical and tracking cookies.

17.2 A cookie is a small text file that is stored in the browser of the data subject’s device when you first visit the website.

17.3 upMention only places tracking cookies if the person concerned has given permission for the placement of tracking cookies prior to visiting the website. Before the data subject has given permission for tracking cookies, only functional and analytical cookies will be placed that have no consequences for the privacy of the data subject.

17.4 The data subject can opt out of cookies by setting his internet browser in such a way that it no longer stores cookies. In addition, the data subject can also delete all information previously stored via the settings of his browser. The data subject can find more information about switching on and off and deleting cookies in the instructions and/or using the Help function of his browser. Functional cookies are necessary for the correct functioning of a website. If the data subject deletes functional cookies, this may have consequences for the correct functioning of the website and upMention may not be able to provide its service or not properly.

17.5 Types of cookies and purposes:

17.6 upMention may change its cookie policy from time to time, for example due to a change in the law. Changes or additions to upMention’s cookie policy will be published here. upMention advises the visitor to regularly check this policy.

Article 18. Filing a complaint

18.1 If the data subject is of the opinion that the processing of personal data by upMention is not in accordance with this privacy policy and/or with the applicable laws and regulations, the data subject can file a complaint with the Dutch Data Protection Authority.