Privacy Policy

Section 1. Definitions

• “Controller” means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.
• “Cookie” means  text files containing individual pieces of data - such as usernames, passwords etc - that are used to identify a computer using an internet connection. When the cookie is exchanged between a person’s computer and the network server, the server can read the cookie ID and use pre-saved information & settings to serve this specific user. Given the amount of data that cookies can contain, they can be considered personal data in certain circumstances. Cookies have different provenance:some text
  • “First-party cookies” are put on one’s device directly by the website they are visiting.
  • “Third-party cookies” are the cookies that are placed on one’s device, not by the website they are visiting, but by a third party like an advertiser or an analytic system.
• “Customer” means the legal person which entered into an Agreement with Optimy for the provision of a dedicated Platform, as defined below.
• “Data Protection Laws” means all applicable worldwide legislations relating to data protection and privacy which apply to the respective party in the role of processing personal data, including but not limited to, the European General Data Protection Regulation (GDPR) and the California Consumer Privacy Act.
• “Data subjects” means the individual to whom Personal data relates.
• “Optimy” means Optimy SA, a company organised under the laws of Belgium, with registered office and place of business at 1170 Boitsfort, Boulevard du Souverain 36 boîte 20, registered within the Belgian Register for Legal Persons under the number 824.055.778, any of its affiliated entities, employees or contractors.
• “Personal data” means any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
• “Platform” means the web-based platform built up and maintained by Optimy designed to enable its Customers to manage their social impact activities.
• “Processing” means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction;
• “Processor” means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller;
• “Sub-processor” means a Third-party data Processor engaged by a data Processor who has or will have access to or process Personal data on behalf and under the instruction or supervision of the Processor;
• “Supervisory authority” means an independent public authority which is established by a Member State pursuant to Article 51 of the European General Data Protection Regulation (GDPR).

Section 2. Introduction

This privacy policy was most recently updated on 2.09.2024. Optimy reserves the right to update its Privacy Policy at any time. Data subjects are required to consent to any updates to the Privacy Policy in order to start or continue having their data processed.

It is intended for any of the data subjects of whom Optimy processes the Personal data, as listed and described in Section 3. 

This policy clarifies how Optimy processes your personal data in compliance with relevant Data Protection Laws.

Optimy takes your privacy seriously and takes every reasonable measure and precaution to protect and secure your personal data. Optimy works hard to protect you and your information from unauthorised access, alteration, disclosure or destruction and has several layers of technical and organisational measures in place to that end.

Section 3. Description of the personal data processed

* This privacy policy does not apply in the event where Optimy processes your Personal data as a data Processor, on behalf of another Party acting themselves as a Controller. If you are using the Optimy Platform but not being an administrator user, please make sure to contact the Platform owner directly for the privacy policy framing the processing of your personal data.

‍Section 4. Types of processing and retention periods

During the processing, Optimy may perform the following processing activities with your Personal data:

Optimy may retain your Personal Data for a period of time consistent with the original purpose of collection, as described in the table above, or as long as required to fulfil its legal obligations.

The appropriate retention period for Personal data is determined on the basis of the amount, nature, and sensitivity of the Personal data being processed, the potential risk of harm from unauthorised use or disclosure of the Personal data, whether we can achieve the purposes of the processing through other means, and on the basis of applicable legal requirements.

After expiry of the applicable retention periods, your Personal data will be deleted.

Section 5. Cookies policy

What are cookies?

Cookies are text files containing individual pieces of data, such as usernames or passwords, that are used to identify a computer using an internet connection. Data stored in a cookie is created by the server upon one’s connection. This data is labelled with an ID unique to the person and its computer.

When the cookie is exchanged between a person’s computer and the network server, the server can read the cookie ID and use pre-saved information & settings to serve this specific user.

Cookies can store a wealth of data, enough to potentially identify a user: given the amount of data that cookies can contain, they can be considered personal data in certain circumstances and, therefore, be subject to the relevant data privacy laws. As soon as you use or have visited Optimy’s website at https://optimy.com/, you are concerned with this cookies policy. Optimy has a right to process its users’ data with cookies as long as Optimy receives explicit consent for the specific purpose of use. 

What are the different categories of cookies?

There are three different ways to classify cookies: Optimy classifies its cookies according to the purpose they serve.

1. Purpose

• Strictly necessary cookies — These cookies are essential for a user to browse the website and use its features, such as accessing secure areas of the site. Cookies that allow web shops to hold user’s items in its cart while the user is shopping online are an example of strictly necessary cookies. These cookies will generally be first-party session cookies. While it is not required to obtain consent for these cookies, what they do and why they are necessary should be explained to the user.
• Non-necessary cookies:some text
  • Preference cookies: Also known as “functionality cookies,” these cookies allow a website to remember choices a user has made in the past, like what language the user prefers, what region the user would like weather reports for, or what user name and password are so he/she can automatically log in.
  • Statistics cookies: Also known as “performance cookies,” these cookies collect information about how the user uses a website, like which pages the user visited and which links the user clicked on. None of this information can be used to identify the user. It is all aggregated and, therefore, anonymized. Their sole purpose is to improve website functions. This includes cookies from third-party analytics services as long as the cookies are for the exclusive use of the owner of the website visited.
  • Marketing cookies: These cookies track user online activity to help advertisers deliver more relevant advertising or to limit how many times the user sees an ad. These cookies can share that information with other organisations or advertisers. These are persistent cookies and almost always of third-party provenance.

Through the banner requesting your consent on optimy.com website, you are asked to select which non necessary cookies you consent to. 

Optimy’s website requests your consent for preference cookies, statistics cookies, and marketing cookies. Optimy will not use these cookies in the absence of your active consent.

Why does Optimy use cookies?

Necessary cookies are used by Optimy on the basis of Optimy’s legitimate interest, in order for Optimy to enable the proper use of its website and all of its features by the visitors

Non-necessary cookies are used by Optimy if you have consented to them through the banner. Optimy uses non necessary cookies so that the company can, respectively:

• Provide the visitor with a more personalised experience, Preference cookies,
• Understand how visitors interact with the website, and therefore improve the website’s content and architecture, Statistic cookies,
• Address visitors assessed as potential prospects with targeted advertising by third-party advertisers, social media and publishers, Marketing cookies.

Which cookies does Optimy use?

To find out what cookies and/or third parties the Optimy website uses, go on the consent banner. It can be used by the user when selecting its consent for cookies on the cookies banner. Cookiebot CMP detects, reports, and manages cookies: It accurately reports Optimy’s cookie usage and keeps that information up to date on the banner.

How to control cookies?

You may withdraw your consent to non-necessary cookies at any time by accessing once again the cookies banners, by clicking on the bottom of the website page.

For any additional question, you can reach out to Optimy through the following email address: data-protection@optimy.com.

Section 6. Data disclosure and transfer

Optimy does not share or disclose any of your personal information without your consent, other than for the purposes specified in this privacy policy or where there is a legal requirement.

In the course of the processing, Optimy will transfer your personal data to third parties which services are essential for purposes described in Section 3. These are designated as Processors:

• They shall either not transfer your Personal data outside of the European Union,
• or they may transfer your Personal data to third countries but only if those third countries ensure an adequate level of protection of personal data by virtue of an adequacy decision of the European Commission or thanks to contractual safeguards approved by the European Commission.

Section 7. Rights as data subjects

As a data subject, you are granted rights regarding the processing of your personal data. This privacy policy grants you your right of access by describing the personal data Optimy holds about you, the purposes of this processing, the categories of personal data concerned, the recipients to whom your personal data has or will be disclosed and how long Optimy intends to store your personal data for. 

You are furthermore entitled to 

• the right of rectification: If you believe that Optimy holds any incomplete or inaccurate data about you, you have the right to ask the company to correct and/or complete the information. Optimy will strive to do so as quickly as possible; unless there is a valid reason for not doing so, at which point you will be notified.
• the right to erasure or ‘right to be forgotten’: you also have the right to request erasure of your personal data or to restrict processing in accordance with the data protection laws.
• the right to data portability: where applicable, you have the right to data portability of your information: it is the right to request from Optimy to transfer the data that Optimy has collected to another organisation or directly to you under certain conditions.
• the right to restrict processing: you have the right to request that Optimy restrict the processing of your personal data, under certain conditions.
• the right to object processing: you have the right to object to Optimy’s processing of your personal data, under certain conditions.

Such rights can be exercised by sending an email to data-protection@optimy.com. Should Optimy receive a request from you to exercise any of the above rights, Optimy may ask you to verify your identity before acting on the request; this is to ensure that your data is protected and kept secure. Should you then have a complaint regarding Optimy’s processing activities, you can lodge a complaint with the competent supervisory authority.

Section 8. Disclaimer

If you disagree with the processing described in Section 3 of this Privacy policy, you should henceforth refrain from using Optimy’s Platform or website.

By using Optimy’s Platform or website, you consent to the processing of personal data by Optimy in accordance with the terms described in this Privacy policy.

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