Luceda Privacy Policy
Update: July 2024
This privacy policy (“Privacy Policy”) is applicable to all processing activities of Luceda (as defined below) as a data controller.
Please read this Privacy Policy together with our Cookie Policy and Terms and Conditions. Luceda may update this Privacy Policy in the future: the latest version can always be found on our Website. You can find our archived Privacy Policies here.
1. ABOUT THIS PRIVACY POLICY
Due to, for example, your commercial relationship or recent contact with Luceda or due to a visit to or action on our “Website” (i.e. https://www.lucedaphotonics.com/ including related sub-domains) or the Luceda platforms and other services provided by Luceda including training and support, etc. (“Platform”) we may collect, store and otherwise process personal data relating to you or, if you are a company, your employees | representatives (“your personal data”).
This Privacy Policy describes (i) how we collect, treat and store your personal data; (ii) the rights you can exercise in relation to your personal data; and (iii) the measures we take to protect it and to secure your personal data.
Luceda respects your privacy and we always strive to act in accordance with the applicable privacy legislation, such as (non-exhaustive): (i) the General Data Protection Regulation 2016/679 of April 27, 2016 (“GDPR”); (ii) the Belgian Privacy Law of 30 July 2018; (iii) the ePrivacy Directive 2002/58/EC of 12 July 2002, including future amendments and revisions thereof; and/or (iv) (future) national legislation regarding the implementation of the GDPR (together: “Privacy Legislation”).
2. LUCEDA IS THE DATA CONTROLLER
We are Luceda N.V., a public limited liability company incorporated and existing under the laws of Belgium, with registered address at Noordlaan 21, 9200 Dendermonde, Belgium, and registered with the Crossroads Bank for Enterprises under number 0553.769.733.
Luceda is the developer and provider of the Luceda Website and provides services as described on the Website, its Platform and the Terms and Conditions (“Service”).
In light of the Privacy Legislation, Luceda will act as the DATA CONTROLLER of your personal data for the purposes described in this Privacy Policy. This means we are in control of (and thus, responsible for) your personal data for these purposes listed below.
3. LUCEDA'S PROCESSING ACTIVITIES
Which personal data we collect, store and process and the purpose for which we process this data may differ depending on your relation with Luceda. In particular, we identify four different scenarios:
- You are browsing on our website;
- You (wish to) receive direct marketing (updates and newsletters);
- You are making use of our Platform or other Services, or;
- You are a Luceda Partner.
3.1 You're browsing on our website
Contacting Luceda via the contact form or chat function on the Website
Purpose: | To provide requested information to the Website visitors. |
Personal data: |
❑ First name ❑ Last name ❑ E-mail address ❑ Voluntarily provided information ❑ Nature of the request |
Legal ground: | Consent |
Retention period: | Up until three (3) years after your last contact with Luceda. |
Cookies: | When browsing on our Website, we may also collect your personal data through cookies stored on your device(s) in order to optimise the functioning of the Website. Please consult our Cookie Policy for more information. |
3.2 You (wish to) receive direct marketing (updates and newsletters);
Providing of the Luceda newsletter | updates
Purpose: | Providing more information on (new features of) the Luceda Service or related products/services. |
Personal data: | ❑ First name ❑ Last name ❑ E-mail address
|
Legal ground: | Consent, or if you are an prospect or Partner of Luceda; legitimate interest. |
Retention period: | Until you have objected to the processing of your personal data for this purpose (cfr. Section 8 “Right to object”). |
3.3 You wish to call upon Luceda for the use of its Platform or Services;
Usage of the Platform or Services
Purpose: | Logging in and making use of the Platform or Services. |
Personal data: | ❑ First name ❑ Last name ❑ E-mail address ❑ Bank Account ❑ Language preferences ❑ Voluntarily provided information
|
Legal ground: | Legitimate Interest. |
Retention period: | Until three (3) years after the termination of the commercial relationship with Luceda. |
3.4 You are a Partner or active Customer of Luceda
Commercial relationship with Partner
Purpose: | Maintaining commercial relationship with (trade) Partners. |
Personal data: | ❑ First name ❑ Last name ❑ E-mail address ❑ Phone number ❑ Language preferences ❑ Function ❑ Voluntarily provided information
|
Legal ground: | Legitimate Interest. |
Retention period: | Until three (3) years after the last commercial interactions. |
Invoicing
Purpose: | Luceda invoicing its Partners and Customers. |
Personal data: | ❑ First name ❑ Last name ❑ E-mail address ❑ Phone number ❑ Language preferences ❑ Function ❑ Invoicing data
|
Legal ground: | Necessary for the execution of Luceda Services. |
Retention period: | Until seven (7) years after the payment was received. |
Payment
Purpose: | Payment of Partner’s invoices. |
Personal data: | ❑ First name ❑ Last name ❑ E-mail address ❑ Phone number ❑ Language preferences ❑ Function ❑ Payment data
|
Legal ground: | Necessary for the execution of the Agreement. |
Retention period: | Until seven (7) years after the payment was received. |
4. LEGAL GROUNDS
You can find more information on the applicable ground for each of the identified processing activities in Section 3 above.
In case the legal ground for processing happens to be legitimate interest, Luceda shall always (i) assess whether this is in proportion with the purpose for which your personal data was collected and used; and, (ii) take your reasonable expectations into account and ensure a balance with your fundamental rights and freedoms. If we cannot guarantee this, we will stop storing / using your personal data or we will determine a new legal ground.
5. RETENTION PERIODS
More information regarding retention period for each processing activity can be found in Section 3 above.
6. DISCLOSURE OF PERSONAL DATA
Luceda shall not disclose your personal data to other third parties, unless it is necessary to achieve the purposes described in this Privacy Policy. In this respect, (some of) your personal data may be disclosed to:
- Payment providers (e.g. to process payments or prevent/detect money laundering or fraud)
- Software and cloud providers (facilitate hosting of (data for) Services)
- Subsidiaries and Affiliates (Storage of data at Luceda and performance of the Services)
- Freelancers or other service providers (e.g. help development or provision of Services)
Of course we have made sure that the necessary contracts or similar legal binding acts are in place to ensure that these third parties treat your personal data in accordance with the Privacy Legislation (e.g. Article 28 GDPR).
In addition, we might transfer your personal data:
- To competent authorities: for instance, because (i) we are obliged to provide your personal data under law or in the scope of (future) legal proceedings, or (ii) this is necessary to safeguard our rights; or,
- In M&A context: meaning, if Luceda or the majority of its assets, is taken over by a third party, in which case your personal data – which Luceda has collected – may be one of the transferred assets.
7. CROSS-BORDER PROCESSING OF PERSONAL DATA
In case any of the above mentioned third parties or other recipients are located in a country outside the European Economic Area, Luceda will ensure that one or more of the listed EU-approved safeguards are in place:
- European Commission adequacy decision;
- Data transfer agreement (cfr. the Standard Contractual Clauses as provided in the European Commission Implementing Decision (EU) 2021/914 of 4 June 2021, including the performance of a transfer impact assessment);
- Binding corporate rules; or,
- Certification mechanisms.
8. YOUR PRIVACY RIGHTS
The Privacy Legislation (e.g. GDPR) gives you certain rights over your personal data vis-à-vis Luceda. You can exercise these rights by contacting us, as specified in Section 11, and by using the Data Subject’s Rights Form (as specified at the end of this Section 8).
Access: | You can ask for confirmation of whether or not personal data that relates to you is being processed. If so, you can ask us to give you copies of your personal data. We may charge you a small fee for this service; |
Rectification: | You can ask us to correct | complete any information you believe is inaccurate or incomplete; |
Erasure: | You can ask us to erase your personal data, under certain conditions. Please be aware that in this context certain services will no longer be accessible and/or can no longer be provided; |
Objection: | You can object to us processing your personal data, under certain conditions; |
Restriction of processing: | you can ask us to restrict the processing of your personal data, unless we have legitimate interests for the processing of your personal data that prevail over your interests; |
Data portability: | You can ask us to transfer your personal data to another organisation, or directly to you in a commonly used structured format readable by automatic device, under certain conditions. |
Updates | Newsletters. You can change your communication preferences in the communication preferences centre on the Website and/or Platforms (you can find a unique link in the footer of every Luceda communication). If you wish not to receive any Luceda communication anymore, you can object to this direct marketing communication by notifying us through the link in the mail. By notifying us, we shall refrain from sending further direct marketing. In case you wish to make use of other rights such as those listed above, don’t hesitate to contact us by email at privacy@lucedaphotonics.com or by filling in our Data Subject Rights Form online.
9. SECURITY
Luceda undertakes to take reasonable, physical, technological and organizational precautions in order to avoid (i) unauthorized access to your personal information, and (ii) loss, abuse or alteration of your personal data.
10. UPDATES
We are entitled to update this Privacy Policy by posting a new version on the Website whereby we will indicate the revision date at the top of this Privacy Policy. As such, it is strongly recommended to regularly consult the Website and the page displaying the Privacy Policy, to make sure that you are aware of any changes.
Previous versions of the Privacy Policy are archived and can be found here once available.
11. NOTIFICATIONS AND QUESTIONS
Notifications under this Privacy Policy (such as, exercising your rights as a data subject) and/or any questions or concerns with regard to the provisions of this Privacy Policy must be directed to privacy@lucedaphotonics.com.
12. COMPLAINTS
You are not satisfied with the manner in which we collect, store or otherwise treat or secure your personal data? We are sorry to hear that and are prepared to take all measures to remedy this situation. Please do contact us!
You also have the right to lodge a complaint with the authorised supervisory authority (i.e. the Belgian Data Protection Authority or the data protection authority of (i) your residence or (ii) your workplace) should you consider that the processing of your personal data infringes the Privacy Legislation. You can send an email to the Belgian Data Protection Authority at contact@apd-gba.be or any other email address provided by the Belgian Data Protection Authority (https://www.dataprotectionauthority.be/contact-us).