Privacy Policy - Website

This Privacy Policy was updated on 20/03/2020 and is effective from this date.

Table of contents

 

  1. General
  2. For which purposes does Fred’s collect your Personal Data?
  3. To whom can Fred’s provide Personal Data?
  4. Which Personal Data can Fred’s collect and process?
  5. Is Fred’s responsible for other websites?
  6. How does Fred’s protect your Personal Data?
  7. What rights do you have?
  8. How to excercise your rights?
  9. Right to lodge a complaint with the competent supervisory authority
  10. Can this Privacy Policy be adapted?
  11. How long do we keep your Personal Data?
  12. Specific terms when you apply for a job on this Website

Types of Personal Data we collect and purposes of the processing

Legal basis of the processing

Disclosure to third parties

Data retention

  1. Specific terms when you apply for a Fred’s franchise on this Website

Types of Personal Data we process on our “Franchise” section and purposes of the processing

Legal basis of the processing

Disclosure to third parties

Data retention

  1. Specific terms applicable to franchisees logging on to the sub-domain https://intranet.fbwic.com/

Types of Personal Data we process

Purposes and legal basis of the processing

Disclosure to third parties

Data retention

  1. Who to contact with questions and requests?
  2. Final provision

 

Cookie Information

What type of cookies does the Website use?

For what purposes does the Website use Google Analytics?

What information do we collect through the use of Google Analytics?

How long does a Google Analytics cookie remain valid?

How can you monitor or withdraw your consent to the use of Google Analytics?

 

1. General

This website https://www.fredswafflesandice.com (“Website“) (including the subdomain https://intranet.fredswafflesandice.com and excluding any other linked sites) is administered by Fred’s International Sarl (“Fred’s” or “we”), and we are also the controller of the Personal Data collected and processed by us in accordance with this Privacy Policy with respect to you and in relation to this Website.

Fred’s International Sarl
2C, Porte De France
4360 – Esch-Sur-Alzette
Luxembourg

Commercial register: b157735
Company registration number: 2010 24 46497
Legal representative: Frederik Van Isacker
VAT-number: LU 245 061 44

This Privacy Policy describes the types of information we collect on this Website, including information relating to identified or identifiable individuals (“Personal Data“), for which purposes we use such Personal Data, with whom we may disclose it, and the rights and choices available to you regarding our use of your Personal Data. This Privacy Policy also describes how your Personal Data are secured and how you can contact us about our privacy practices.

Please read this Privacy Policy before using or submitting any Personal Data on the Website.

By accessing and using this Website, you confirm that you have read and that you understand the way we collect, process, use and disclose your Personal Data as described in this Privacy Policy.  

Please note that before using or submitting Personal Data on certain sections of the Website, you might be asked to confirm electronically your acceptance of this Privacy Policy by clicking on a button or ticking a box.  Your affirmative action in clicking on that button and/or ticking that box and your use of this Website signify that you agree and accept the way in which your Personal Data, as described in this Privacy Policy, are collected, used and processed.

Our records of your acceptance of this Privacy Policy, the date thereof, and of all future amendments to this Privacy Policy, shall be regarded as conclusive and written evidence of your consent.

2. For which purposes does Fred's collect your Personal Data?

In certain sections of this Website you are asked to provide your Personal Data, in particular your individual details, such as your name, telephone number, email address and/or address. When we ask you to provide your Personal Data in order to give you access to any of the functions of the Website, please note that certain boxes will be marked as mandatory, to the extent these are data we need to give you access to the relevant functionality. If you choose not to provide us with these data, you may not be able to use these functionalities.

We can use these data for various purposes, as described below.

One of our purposes is to provide you with the product gift vouchers ordered from us, to manage the contractual relationship, to follow up on invoices and payments and/or to answer your questions about our products.

Your Personal Data will be processed to the extent that processing is necessary for taking steps to enter into a contract with you at your request – Article 6.1., (b) of Regulation (EU) 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (“GDPR”) – or to comply with a legal obligation – Article 6.1., (c) GDPR.

We may use your data to approach you by email or other electronic means with news on Fred’s products and offers (receive notices, or electronic communications, or general information on Fred’s or related products).

  • Your Personal Data will be processed based on your consent – Article 6, 1., (a) of the GDPR or if you are one of our existing clients, based on our legitimate interest to inform existing clients regarding similar products and services that we offer – Article 6, 1., (f) of the GDPR, to the extent you have not objected to such processing.

You can withdraw your consent or object to the processing of your data for direct marketing purposes at any time.

We may also use your name and address to send you information on Fred’s and/or its products by post. If we want to approach you by telephone, we may use your telephone number (if you provided it to us).

Your Personal Data will be processed based on our legitimate interest to inform you regarding similar products and services that we offer – Article 6, 1, (f) of the GDPR – and/or your consent – Article 6, 1, (a) of the GDPR to the extent you have not objected to such processing.

We may use your data to respond to specific questions you ask us via the “Contact Us” section of this Website, when you share your experience with one of our points of sale.

Your Personal Data will be processed on the basis of our legitimate interest in responding to requests made via the “Contact Us” section of this Website. This data processing may also be useful to you to the extent that it enables us to assist you and respond to your requests – Article 6, 1., (f) of the GDPR.

We may use your data to manage and assess your application for a job vacancy that you submit via the “Jobs” section of this Website. Please refer to point 12 below for more information.

Your Personal Data will be processed to the extent the processing is necessary for taking steps to enter into a contract with you at your request – Article 6, 1., (b) of the GDPR

–     We may use your data to manage and assess your application to become an Fred’s franchisee via the “Franchise” section of this Website. Please refer to point 13 below for more information.

Your Personal Data will be processed to the extent the processing is necessary for taking steps to enter into a contract with you at your request – Article 6, 1., (b) of the GDPR.

We may process your navigation data for analytical and statistical purposes, i.e. to understand how users interact with this Website so that we can improve it. Please refer to the Cookie Information below for more details.

Your Personal Data will be processed based your consent  – Article 6, 1., (a) of the GDPR.

We may use your data to fulfil other legitimate purposes disclosed to you at the time you provide your Personal Data or as permitted or required to comply with applicable laws and regulations to which we are subject.

Your Personal Data will be processed because the processing is necessary for the purposes of the legitimate interests pursued by Fred’s, and such interests are not overridden by your interests or fundamental rights and freedoms – Article 6, 1., (f) of the GDPR.

We shall obtain your prior express consent (opt-in) for the above-listed purposes where required under applicable law.

3. To whom can Fred's provide Personal Data?

We do not sell or otherwise disclose Personal Data you provide us or we collect about you, except as described below or with your prior express consent.

It may be necessary to share your Personal Data with:

  • affiliated companies and/or franchisees established in the EEA for the purposes described in this Privacy Policy;
  • in the event of a merger, acquisition, sale of assets, joint venture, or any other transaction that results in a change in control or ownership of Fred’s, in whole or in part; or in the event of a corporate reorganization, bankruptcy, insolvency proceeding, or similar circumstance, if permitted by and done in accordance with applicable law; or
  • third party services providers and suppliers acting on our behalf and under our instructions, that provide services to us such as web-related services, advertising or analytics, including Google who provides us with the service Google Analytics, in order for us to be able to deliver the gift vouchers you ordered from us, to manage the web servers and to store information on back-up disks. These third parties can only use the data for the purposes described above. Any other use is prohibited.
  • Without prejudice to the above, Fred’s shall not provide your Personal Data to other third parties without obtaining your prior consent, unless it is required to do so under a statutory provision or court order. In particular, Fred’s may disclose your Personal Data in the following circumstances:
    • to the competent authorities to comply with our legal obligations;
    • to respond to authorized information requests from law enforcement or judiciary authorities or when otherwise required or permitted by law;
    • to respond to an emergency; or otherwise to protect the rights, property, safety, or security of third parties, visitors of this Website or the public.

    These recipients may be located in countries other than the country in which your Personal Data was originally collected, including countries outside the EEA that are not covered by an adequacy decision of the European Commission and are therefore not recognized as providing an adequate level of protection of Personal Data, including the United States of America. In any case, Fred’s will only transfer Personal Data to recipients that provide an adequate level of data protection or as permitted by Data Protection Laws by implementing appropriate safeguards, including, but not limited to, relevant data transfer agreements based on the EU Commission Standard Contractual Clauses for the transfer of data to third countries (Article 46, 2., (c) of the GDPR). A copy of these appropriate safeguards may be obtained fromdataprotection@freds.be.

    In any case, Fred’s will take appropriate technical and organizational security measures to ensure an adequate protection of the Personal Data transmitted or disclosed in accordance with applicable law.

    The number of Fred’s employees who have access to the Personal Data is limited and they are carefully selected. These persons are authorised to obtain access to Personal Data to the extent such access is required in order for them to properly perform their tasks.

4. Which Personal Data can Fred's collect and process?

Information you provide

Fred’s collects Personal Data about you in your capacity as a visitor of the Website (i.e. any information that relates to you as an identified or identifiable individual), such as your name, your age, your email address, your telephone number and your preferences and interests, through your use of this Website, namely when you complete the available forms on the Website, communicate with us or take part in interactive features.

Automatic Information Collection

Subject to your consent when required by law, we and our third-party service providers may use a variety of technologies that collect and provide information about how the Website is accessed and used. Such information may relate to the number of visitors, the referral URL, the shortened IP address and the pages visited. We use this information to get a better idea of how our users interact with our Website and then tailor and improve our Website accordingly. Such information cannot be linked to you individually, but if we can link it to you then we treat it a in accordance with this Privacy Policy.

Certain information is collected by means of cookies. Fred’s uses cookies and similar technologies on its Website as described in the “Cookie Information” section below.

5. Is Fred's responsible for other websites?

  • The Website may include references (in the form of a hyperlink, banner or button) to other sites related to this Website. This does not automatically mean that Fred’s is associated with these other sites or their owners.
  • These websites are not under Fred’s’s control. We are not responsible for the content of these websites, any products or services that may be offered through these websites or any other use of these websites nor for any data processing and privacy practices associated with such websites. We invite you to review these websites’ privacy notices if you visit them or provide any Personal Data to them.

6. How does Fred's protect your Personal Data?

  • Fred’s takes – and requires that any service provider and/or third party processor processing Personal Data on behalf of and under the instructions of Fred’s takes – appropriate technical and organizational measures to protect your Personal Data against accidental or unlawful destruction or accidental loss, misuse, unauthorized access, disclosure, alteration or destruction, and against any other unlawful form of processing of information as defined by applicable law.

    However, please note that no electronic transmission or storage of information is 100% secure. Therefore, despite the security measures that we have put in place to protect your Personal Data, we cannot guarantee that loss, misuse, or alteration of data will never occur.

7. What rights do you have?

As a natural person whose Personal Data is processed, you have certain rights which are summarized below. Please note that the exercise of these rights is subject to certain obligations and conditions, as set out in the applicable data protection legislation.

Right of access

You have the right to obtain confirmation from Fred’s as to whether or not it is processing Personal Data relating to you and, if so, you have the right to request access to such Personal Data, including, but not limited to, information about the categories of Personal Data concerned, the purposes of the processing and the recipients or categories of recipients. In any case, Fred’s must take into account the rights and freedoms of others, so this right is not absolute. If you request more than one copy of the Personal Data processed, Fred’s may charge a reasonable fee, taking into account the administrative costs.

Right to rectification

You have the right to ask Fred’s to rectify incorrect Personal Data relating to you. Depending on the purpose of processing, you also have the right to request that incomplete Personal Data be completed, including by means of an additional statement.

Right to erasure (“right to be forgotten”)

In certain circumstances, as defined by the applicable data protection legislation, you have the right to request Fred’s to delete the Personal Data relating to you.

Right to restriction of processing

In certain circumstances, as defined by the applicable data protection legislation, you have the right to request the restriction of the processing of your Personal Data. In this case, your Personal Data, with the exception of storage, may only be processed with your consent, or for the establishment, exercise or defence of legal claims, or for the protection of the rights of another natural or legal person, or for reasons of substantial public interest.

Right to data portability

In certain circumstances as defined in the applicable data protection legislation, you have the right to receive Personal Data provided by you to Fred’s and relating to you in a structured, commonly used and machine-readable format, and you may also have the right to transfer such Personal Data to another controller or to request Fred’s to transfer such data directly to another controller to the extent this is technically possible.

Right to object to direct marketing

When your Personal Data is processed for direct marketing purposes, you have the right to object at any time to the processing of your Personal Data for such direct marketing purposes (including profiling insofar as it relates to such direct marketing).

Right to withdraw consent

In case you have given your consent for the processing of Personal Data as described in this Privacy Policy, you can revoke this consent at any time with effect for the future. Such withdrawal does not affect the lawfulness of the processing that took place prior to the withdrawal of consent.

8. How to excercise your rights?

We take data protection very seriously. For this reason, we have a dedicated customer service department that handles questions about your rights as described above.  If you wish to exercise your rights under applicable law, as well as for further details and questions concerning Fred’s’s data processing activities, we invite you to contact us by sending a dated and signed request, together with a copy of your valid identity card or other valid identification document, to our address provided above or by e-mail to dataprotection@freds.be.

9. Right to lodge a complaint with the competent supervisory authority

If you believe that Fred’s has not processed your Personal Data correctly, please contact us. You also have the right to lodge a complaint with the competent supervisory authority, in particular:

10. Can this Privacy Policy be adapted?

  • Except to the extent limited by applicable law, Fred’s may decide at any time – at its discretion – to adapt all or parts of this Privacy Policy with future effect as permitted by law. Any change to this Privacy Policy will be posted on this page and, notified to you by email (where appropriate or required by law and to the extent that we have your email address). We will indicate above the date on which this Privacy Policy was last modified.

11. How long do we keep your personal data?

Personal Data will not be kept longer than is reasonably necessary for the purposes set out in point 2 above, for example, if you have subscribed to our newsletter, until you unsubscribe or cancel your subscription to the newsletter.  Regardless of the processing of your Personal Data for the time strictly necessary to achieve these purposes, your Personal Data will then be retained for the period for which we may be held liable as a result of such processing, in accordance with applicable law.

12. Specific terms when you apply for a job on this Website

Types of Personal Data we process and purposes of the processing

Fred’s collects, processes and stores, as data controller, the Personal Data that you provide to us when you apply for a job on this Website, in particular when you fill in our online application form for spontaneous applications or react to a specific offer, for example, an employment offer from one of our franchisees and upload your CV. The Personal Data collected include your surname, first name, date of birth, address, email address and telephone number, nationality, means of transport, education, languages, work experience, type of work you would like to do, as well as any information generally contained on a CV or other information that you voluntarily wish to share with Fred’s and its franchisees (where applicable) for the sole purpose of managing, assessing, classifying, selecting and possibly recruiting candidates.

Legal basis of the processing

Your Personal Data will be processed to the extent necessary for the performance of, or taking steps to enter into, a contract with you at your request (Article 6, 1., (b) GDPR).

Disclosure to third parties

For the purposes listed above or where otherwise required by law, Fred’s may make your Personal Data available to other entities of the Fred’s group of companies, as well as to third parties as described under point 3 above.

Note that, depending on the job you apply for (e.g. job in a different jurisdiction or with a specific franchisee), the relevant other entities of the Fred’s group of companies or their franchisees may also have direct access to your Personal Data and may process such data for purposes that they determine in their capacity as data controller.

If you apply for a position in our point of sale in Antigua, please note that your Personal Data as referred to above may be transferred to this country located outside the EEA, and which is not covered by an adequacy decision of the European Commission and is not recognized as providing an adequate level of protection for personal data. Fred’s has appropriate safeguards in place to carry out this transfer, as described in point 3 above.

Data retention

Your Personal Data relating to a specific application and selection procedure in which you participated may be kept for a period of 5 years following the end of the selection procedure, unless the applicable legislation provides for shorter periods.

13. Specific terms when you apply for a Fred's franchise on this Website

Types of Personal Data we process on our “Franchise” section and purposes of the processing

Fred’s collects, processes and stores, as data controller, the Personal Data that you provide to us when you submit your application on this Website to become a Franchisee of “Fred’s”, in particular when you complete our online application form, including your surname, first name, date of birth, address and telephone number, as well as any other information you voluntarily choose to share with Fred’s for the sole purpose of managing, assessing, classifying and selecting potential franchisees and with a view to the possible conclusion of a franchise agreement with Fred’s.

Legal basis of the processing

Your Personal Data will be processed to the extent necessary for the performance of, or taking steps to enter into, a contract with you at your request (Article 6, 1., (b) GDPR).

Disclosure to third parties

For the purposes listed above or where otherwise required by law, Fred’s may make your Personal Data available to other entities of the Fred’s group of companies, as well as to third parties as described under point 3 above.

Please note that, depending on the point of sale for which you are applying (for example, a point of sale in another jurisdiction), other concerned entities of the Fred’s group may also have access to your Personal Data and process these data for purposes determined by them in their capacity as data controllers.

Data retention

Your Personal Data will not be kept longer than reasonably necessary to process and evaluate your application to become a franchisee of “Fred’s”, and for the entire period during which we may be held liable as a result of such processing, in accordance with applicable law.

14. Specific terms applicable to franchisees logging on to the sub-domain https://intranet.fbwic.com/

Types of Personal Data we process

Fred’s collects, processes and stores, as data controller, the Personal Data that you provide to us when creating and using your franchisee account on the sub-domain https://intranet.fbwic.com/, including your surname, first name, date of birth, address and telephone number, your user name, your password, the history of your orders and other data relating to the use of your account.

Some information is collected through the use of cookies. Fred’s uses cookies and other similar technologies on the https://intranet.fbwic.com/ sub-domain as described in the “Cookie Information” section below.

Purposes and legal basis of the processing

We may process your data to create and manage your franchisee account from where you can place orders and continue our contractual relationship.

Your Personal Data will be processed to the extent that the processing is necessary for the performance of the contract – Article 6, 1., (b) of the GDPR.

We may use your data to process and manage your order of products to the best of our ability, to supply you with the products ordered, for invoicing purposes, to comply with our tax and accounting obligations and to manage complaints.  

Your Personal Data will be processed to the extent that the processing is necessary for the performance of the contract – Article 6, 1., (b) of the GDPR or in accordance with a legal obligation – Article 6.1., (c) of the GDPR.

We may use your data to inform you of Fred’s’s products and offers, as well as the various events organised by Fred’s that may be of interest to you in your capacity as franchisee (such as receiving notices, newsletters, etc.).

Your Personal Data will be processed on the basis of our legitimate interest to inform our franchisees on our product offers and on the various events that we organize – Article 6, 1., (f) of the GDPR.

Subject to obtaining your individual consent, we may use photographs of you taken during events and teambuildings organised by Fred’s.

Your Personal Data will be processed based on your consent  – Article 6, 1., (a) of the GDPR.

Disclosure to third parties

For the purposes listed above or where otherwise required by law, Fred’s may make your Personal Data available to other entities of the Fred’s group of companies, as well as to third parties as described under point 3 above.

Data retention

Personal Data will not be kept longer than reasonably necessary to manage your franchisee account and for the entire period during which we may be held liable as a result of such processing, in accordance with applicable law.

15. Who to contact with questions and requests?

We have appointed a data protection officer to ensure that we always process your Personal Data in a transparent, accurate and legitimate manner. If you have any questions about Fred’s’s Privacy Policy, or to exercise your rights under applicable law, please contact our Data Protection Officer at dataprotection@freds.be by stating “DPO” in the subject line.

16. Final provision

This Privacy Policy is subject to Luxembourg law. Any dispute arising from this Website or otherwise related to this Website, without prejudice to your legal rights under applicable law, shall be submitted to the competent courts of the Grand-Duchy of Luxembourg.

Cookie Information

What type of cookies does the Website use?

This website uses Google Analytics, a web analytics service provided by Google, LLC (“Google“). Google Analytics makes use of “cookies”, which are text files placed on your computer, to help the Website analyze how users use the Website. The information generated by the cookie about your use of the Website will be transmitted to and stored by Google on servers in the United States. Prior to transmission, this information is anonymized by deleting the last byte of your IP address.

For what purposes does the Website use Google Analytics?

The Website makes use of the services of Google Analytics to evaluate your use of the Website, to receive reports on website activity and to receive other services relating to website activity and internet use. The processing of your Personal Data in connection with our use of Google Analytics is based on your consent, which is granted by clicking on the “Accept” button on the Website’s cookie banner. You can withdraw your consent at any time, as explained below.

What information do we collect through the use of Google Analytics?

The information we collect through the use of Google Analytics includes: number of visitors, referral URLs, shortened IP address and the pages visited.

How long does a Google Analytics cookie remain valid?

A Google Analytics cookie expires at the latest 2 years following the date on which it was placed.

How can you monitor or withdraw your consent to the use of Google Analytics?

You may refuse your consent to the use of Google Analytics by not clicking on “Accept” on the Website’s cookie banner. You may also refuse the use of cookies by selecting the appropriate settings on your browser. Please note, however, that in this case you may not be able to use all functionalities of the Website. You can also stop Google from collecting and processing your user data by downloading and installing the extension for your current browser via the following link: http://tools.google.com/dlpage/gaoptout?hl=en. For more information about Google Analytics, please consult the following pages: www.google.com/policies/privacy/partners/ The page code.google.com which describes the use of cookies by Google Analytics Overview of the privacy policy of Google Analytics