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PRIVACY POLICY
Effective since: January 1, 2019
Dear customer,
Please read this privacy policy carefully.
1.1. Nicholas Diamonds (together "we", "us", "our"), company number BE0464027412, with registered office in Vestingstraat 6, 2018 Antwerp, (hereafter: "we", "us", "our"), take your ((hereinafter, the "Users") data protection rights and our legal obligations seriously. This Privacy Policy ("Policy") describes in a transparent manner how we use your personal data collected via www.Nicholasdiamonds.com ("Website"), and by other means (e.g., via social media, cookies, etc.), the purpose of its collection and your personal rights.
1.2. We process the personal data transmitted to us in accordance with the legislation in force, and, in particular, Regulation 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and the free movement of such data, applicable from 25 May 2018 (hereinafter the "General Data Protection Regulation" or GDPR).
1.3. Access to the website : www.Nicholasdiamonds.com (hereinafter, the “Website”) implies the User’s full and unreserved acceptance of this Privacy Policy (hereinafter the “Policy”), as well as its general terms of use (hereinafter the “Terms of use”) and the cookie policy (hereinafter, the “Cookie Policy”).
1.4. The User acknowledges having read the information below and authorizes Nicholas Diamonds to process, in accordance with the provisions of the Policy, the personal data that he/she communicates on the Website as part of the ordering service made available by us on our Website (hereinafter, the "Service").
1.5. The Policy is valid for all pages hosted on the Website and for the registrations of this Website. It is not valid for the pages hosted by third parties to which we may refer and whose privacy policies may differ. Nicholas Diamonds shall not be held responsible for any data processed on third websites or by them.
2.1. By completing the order form on the Website and using the Service, the User allows, in particular, Nicholas Diamonds to record and store, for the purposes mentioned in point 3, the following information:
Contact information (name, birthday, nationality, email address, postal address, telephone number and any other personal data) that you provide by completing forms on our Website, including if you subscribe to our newsletter and register and create an account on the Website;
Transaction details and our communication;
Credit/debit card information and invoice details;
Information about your use and navigation of our Website, your IP address, device identifiers, your operating system and browser type, and information about the Website pages you visit, collected by cookies or other tracking technologies;
Personal information collected from third parties, such as data that you agree to share with us on publicly accessible social networks (e.g., Facebook, Instagram, etc.) and/or that we may collect from other publicly accessible databases.
The User also authorizes Nicholas Diamonds to record and store the following data, for the purposes mentioned in point 4:
information voluntarily provided by the User for a purpose specified in the Policy, the Terms of use, the Cookie Policy, on the Website or on any other medium of communication used by us.
additional information requested by us in order to identify him or to prevent him from violating any of the provisions of the Policy;
2.2. In order to facilitate browsing the Website as well as to optimize technical management, the Website may use "cookies". These "cookies" record, in particular:
the User's browsing preferences;
the date and time of access to the Website and other data related to traffic;
the pages visited;
All information relating to "cookies" is included in our Cookie Policy.
2.3. When the User accesses the Website, the servers consulted automatically records certain data, such as:
the type of domain
with which the User connects to the Internet;
the IP address assigned to the User (when connected);
the date and time of access to the Website and other data related to traffic;
location data or other data relating to the communication;
the pages visited;
the type of browser used;
the platform and/or operating system used;
the search engine as well as the keywords used to find the Website.
2.4. No nominative data identifying the User is collected through the cookies and servers consulted. This information is kept for statistical purposes only and to improve the Website.
3.1. Your personal data is necessary for processing your order for the purchase of products on the Website, supply or improve our services, to enable communication, facilitate your navigation on our website, or when your personal data is needed to fulfil obligations required by law or regulations.
3.2. Failure to provide the necessary personal data may constitute, a legitimate and justified reason for not processing your order/ your purchase on the Website or not providing the Website’s services.
3.3. The legal basis of the processing of your personal data is based on:
your consent;
the execution of any request from you;We do need to collect some of your data to answer any request from you. If you choose not to share this data with us, it may render the performance of the contract impossible.
a legal obligation imposed on the controller;
We do need to collect and store some of your data to meet various legal requirements, including tax and accounting.
the protection of vital interests; ,
for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller, or
our legitimate interest, provided that it is in accordance with your interests, freedoms and fundamental rights.
3.4. We have a legitimate interest in providing you with this information and interacting with you, especially to respond to your requests or improve our services.
3.5. If the legal basis of our treatment is your consent, you have the right to withdraw it at any time without prejudice to the lawfulness of the processing performed prior to withdrawal.
3.6. In the context of direct marketing, this means that you can unsubscribe at any time from newsletters and other commercial communications from us. You will be put in "opt-out". You can unsubscribe by sending us an email at the following address: sales@Nicholasdiamonds.com
4.1 According to the regulations on the processing of personal data, You may, at any time, request to verify, access, rectify, delete, transfer and object to the use of your data, as well as request the limitation of such use of your data. To do so, simply send us an email at the following e-mail address: sales@Nicholasdiamonds.com , we will take the necessary actions as soon as possible.
4.2 In order to exercise the above mentioned rights, the User shall send us a written request, accompanied by a copy of his/her identity card or his/her passport
5.1. We will keep the personal data of our Users for the duration necessary to achieve the objectives pursued (see point 3).
6.1. The User is informed that he has the right to lodge a complaint with the Data Protection Authority:
Data Protection Authority, Rue de la Presse, 35, 1000 Brussels Tel : +32 (0)2 274 48 00 commission@privacycommission.be
7.1 In order to provide optimal payment security we use the online payment service : PAYMENT SERVICE, which meets high security standards.
7.2. In addition, Nicholas Diamonds has taken the appropriate organizational and technical measures to ensure a level of security adapted to the risk and that, to the extent possible, the servers hosting the personal data processed prevent:
unauthorized access to or modification of this data;
improper use or disclosure of such data;
unlawful destruction or accidental loss of such data.
7.3. Users undertake not to commit acts that may be contrary to this Policy, the Terms of use, the Cookie Policy or, in general, the law. Violations of confidentiality, integrity and availability of information systems and data which are stored, processed or transmitted by these systems, or the attempt to commit one of these violations, shall be punishable by imprisonment of between three months and five years and a fine of between twenty-six euros and two hundred thousand euros, or one of these penalties only.
8.1. We treat personal data as confidential information. We will not communicate them to third parties under any condition other than those specified in the Policy, such as to achieve the objectives set out and defined in point 3, or under the conditions in which the law requires it to do so.
8.2. We may communicate our Users’ personal information to third parties to the extent that such information is necessary for the performance of a contract with its Users. In such case, these third parties will not communicate this information to other third parties, except in one of the two following situations:
the communication of this information by such third parties to their suppliers or subcontractors to the extent necessary for the performance of the contract;
where such third parties are obliged by the regulations in force to communicate certain information or documents to the competent authorities in the field of combating money laundering, as well as, in general, to any competent public authority.
8.3. The communication of this information to the aforementioned shall in all circumstances, be limited to what is strictly necessary or required by the applicable regulations.
9.1. We transfer data to a country outside the European Economic Area only when that country ensures an adequate level of protection within the meaning of the legislation in force and, in particular, within the meaning of the General Data Protection Regulation or within the limits permitted by the legislation in force, for example by ensuring the protection of data by appropriate contractual provisions.
10.1. The payment service integrated into the Website is provided by [NAME OF PAYMENT SERVICE + (WEBSITE LINK)].
10.2. The relationship between the User and [PAYMENT SERVICE] is governed by the Privacy Policy available at the following address: [LINK WEBSITE PAYMENT SERVICE POLICY] which also includes provisions relating to the processing of personal data sent to [PAYMENT SERVICE as part of its service, and for which [PAYMENT SERVICE is the data controller.
10.3. When making a payment through [COMPANY NAME], the User declares that he/she has read, understood and accepted the [PAYMENT SYSTEM] privacy policy.
11.1. The personal data will not be used for direct marketing purposes for articles or services that would not be identical or similar to those to which the User has already subscribed, unless the User has previously explicitly consented to such use by ticking the boxes provided for this purpose ("opt-in").
11.2. When the User has given his consent to the use of this information for direct marketing purposes, the latter retains the right to object to such use at any time, upon request and free of charge. The User may simply communicate his request by writing to the following address: info
Persons minor generally under the age of 18 and persons who do not have full legal capacity are not allowed to use the Website.
13.1. By informing Users through the Website or email, we may modify and adapt the Policy, in particular to comply with any new legislation and/or regulations applicable (such as the General Data Protection Regulation applicable from 25 May 2018), the recommendations of the Belgian Data Protection Authority, the guidelines, recommendations and best practices of the European Data Protection Board and the decisions of the courts and tribunals on this issue.
14.1. Our Failure to invoke - at any given time - a provision of this Policy, may not be interpreted as a waiver to subsequently make use of its rights under the said provision.
14.2. The invalidity, expiration or the unenforceable nature of all or part of one of the above or below mentioned provisions shall not give rise to the invalidity of all the Policy. Any fully or partially invalid, lapsed or unenforceable provision shall be deemed not to have been written. We undertake to substitute this provision with another which, to the extent possible, fulfills the same objective.
15.1. The validity, interpretation and/or implementation of the Policy are subject to Belgian law, to the extent permitted by the provisions of applicable private international law.
15.2. In the event of a dispute relating to the validity, interpretation or implementation of the Policy, the courts and tribunals of Brussels have exclusive jurisdiction, to the extent permitted by the provisions of applicable private international law.
15.3 Before taking any step towards the judicial resolution of a dispute, the User and we will undertake to attempt to resolve it amicably. To this end, they shall first contact each other before resorting, where appropriate, to mediation, arbitration, or any other alternative method of dispute resolution.
