Privacy Policy - Gourmand Pastries

Privacy Declaration

This Privacy Declaration applies to the websites of following companies within the Dossche Group:

The website http://dosschemills.com/nl offered by:

Dossche Mills NV

Clemence Dosschestraat 1

9800 Deinze

Belgium

VAT BE-0400.771.039

E-mail: info@dosschemills.com

Telephone: +32 9 381 44 44

The websites www.gourmand.eu and www.gourmandpastries.com offered by:

Gourmand S.A.

Drève Gustave Fache 6

7700 Mouscron

Belgium

VAT-BE 0425.877.807

E-mail: info@gourmand.eu

Telephone: 056 85 90 90

The website www.flinn.be offered by:

Flinn NV

Clemence Dosschestraat 1

9800 Deinze

Belgium

VAT-BE 0639.824.173

E-mail: info@flinn.be

Telephone: 09 381 54 10

In case of questions on privacy, do not hesitate to contact us. A speedy response is guaranteed! Any privacy related question as to the websites of Flinn NV & Dossche Mills NV are to be addressed to privacy@dosschegroup.com. Any privacy related questions relating to the website of Gourmand S.A. are to be addressed to privacy@gourmand.eu

Why this privacy declaration?

Any person visiting our websites (hereinafter referred to as the “User”) provides some personal data. These personal data contain information allowing us to identify you as a natural person, regardless of the fact whether this is actually done. As soon as a direct or indirect link can be created between one or more data and yourself as natural person, you are identifiable.

Your personal data are only used and processed in accordance with the Privacy Law, the Regulation and other relevant legislative stipulations. Any reference in this Privacy Declaration to the ‘Privacy Law’ will be a reference to the law dated December 8, 1992 on the protection of your privacy against personal data processing. Any reference to the Regulation is a reference to the Regulation dated April 27, 2016 on the protection of natural persons in connection with personal data processing and free movement of these data (GDPR).

By means of this Privacy Declaration, any User of our websites will be informed of the possible processing activities of his personal data by Dossche Group. Dossche Group is entitled to amend this Privacy Declaration at any time. Any substantial modification will be reported to the User. We recommend the User to consult this document on a regular basis.

Who is processing the personal data?

2.1. Processing responsible

Dossche Group will be the processing responsible and will determine solely or in collaboration with others which personal data will be collected. In addition, he will determine the purpose and the means for processing personal data.

2.2. Processor(s)

Dossche Group is entitled to appeal to data processors. A processor is a natural or legal person processing personal data at the request of or in name of the processing responsible. The processor is to guarantee the security and confidentiality of these data. The processor will at all times be acting in accordance with the instructions imposed by the processing responsible.

Dossche Group appeals to following categories of « processors »:

Web development companies (DM&S);
Marketing companies (Studio Engarde and Creatief for Gourmand);
Hosting companies.

What is the legal basis on which my data are processed?

In accordance with the Privacy Law and the Regulation, personal data are processed on the basis of following legal grounds:

On the basis of execution of the agreement concluded with the User, or the execution of precontractual steps taken at his request; or
On the basis of complying with legal or regulatory stipulations relating to managing a contractual relationship;
On the basis of our legitimate interest in sending information and newsletters to our customers;
On the basis of your explicit consent to send out promotional offers (direct marketing).

Which personal data will be processed?

Dossche Group is committed to collecting and processing personal data solely relevant for the purposes for which they are being processed:

Personal identification data (name, first name, name and info of your company);
Contact details (telephone, fax, e-mail address);
Address records
Electronic identification data (IP-address, location cookies, browser type, operating system);
Various: resumés, letters of motivation

These data are collected when using our contact form or when visiting the website. Other personal data may be collected at a later stage, such as those required for after-sales. The quantity of collected data is dependent on how you use the website and its functionalities.

In addition, we use cookies to recognise the user, to offer a personalized user experience, to remember technical choices (such as a language) and to detect and correct any website errors. For more details on the use of cookies, please consult our Management of cookies.

For what purposes are my personal data being used?

Dossche Group collects your personal data in order to allow us to offer a safe, optimum and personal user experience of our website. Collecting personal data is further being expanded in accordance with the User’s increased use of the platform and (on-line) services. Dossche Group is entitled to suspend or cancel operations should data prove to be missing, incorrect or incomplete.

Data processing is essential to guarantee operational activities of the platform and relating services. Processing is solely done for the purposes defined below:

Customer management: customer administration, support, orders and sending out newsletters.
Protection against fraud and offences.
Personalised marketing, publicity and newsletter should you have given your express consent to this in which case you are at all times entitled to withdraw your consent.
Setting up a user account on the website www.dosschemills.com
Transmitting resumés and letters of motivation during recruitment processes

Personal data are always communicated by the User himself to the Dossche Group and as such, he can control the data to a certain extent. Should data be incomplete or apparently incorrect, Dossche Group is entitled to delay temporarily or permanently some expected actions.

Who receives your personal data?

Your personal data will solely be processed for internal use within the Dossche Group. Your personal data will not be sold, transmitted or communicated to third parties other that our partners, the only exception being when prior express consent has been given.

How long do we conserve your personal data?

Your records will be conserved as long as necessary to fulfil the predefined purposes as stipulated in article 5.

They will be removed out of the database when no longer required for these purposes or should the User legitimately request the removal of his personal data.

What are your rights?

8.1 Legitimate and safe processing of personal data is guaranteed

Your personal data are at all times processed for legitimate purposes as explained in article 5. They are collected and processed in a suitable, relevant and proportionate manner and will be conserved no longer than required to meet the predefined purposes.

8.2 Right of access

When proving your identity, you are entitled to collect information on your data processing. As such, you are entitled to have access to the purposes of processing, the personal data categories, the categories of receivers to whom the data are sent, the criteria for determining the data conservation period and the rights you can exercise relating your data.

8.3 Right on rectification of your personal data

Inaccurate or incomplete data can be corrected. It is up to the User to have the necessary adaptations done to his “User Profile”. At any times, you have the possibility to address your request for modification to our services.

8.4 Right to clear your personal data

Also, you have the right to clear your personal data in following cases:

Your personal data are no longer required for the predefined purpose;
You withdraw your consent to process your data and there is no further legal basis to process your data;
You have legitimately introduced a complaint against processing your personal data;
Your data are illegitimately processed;
Your data need to be cleared on the basis of a legal obligation.

Clearing data is largely a visible aspect. It is possible that cleared data are temporarily saved.

8.5 Right to limit processing

In some cases, you are entitled to ask for limitations in processing your personal data. This is certainly the case in case of litigation as to data accuracy or in case the data are required in view of legal proceedings or during the time required by Dossche Group to determine whether you are legally qualified to exercise your right of removal.

8.6 Right to object

At all times, you are entitled to object against processing your personal data for ‘direct marketing’ purposes, profiling purposes or purposes in connection with the legitimate interests of the data responsible. Dossche Group will stop processing your personal data unless it can demonstrate that there are urgent legal grounds to process your personal data prevailing over your right to object.

8.7 Right to data transferability

You are entitled to obtain the personal data supplied to Dossche Group in a structured, common and machine readable version. In addition, you are entitled to transfer these personal data to a different processing responsible, unless technically impossible.

8.8 Right to withdraw your consent

You are at all times entitled to withdraw your consent, for example when you have given your consent for marketing purposes.

How can you exercise your rights?

Should you wish to exercise your rights, you can introduce a written request accompanied by proof of identity by registered letter to the Dossche Group, Clemence Dosschestraat 1, 9800 Deinze or via e-mail aan privacy@dosschegroup.com (Flinn & Dossche Mills websites) or to Gourmand S.A., Drève Gustave Fache 6

7700 Mouscron of via email to privacy@gourmand.eu (Gourmand website)

We will answer as quickly as possible and at the latest within one (1) month upon receipt of your request.

Possibility to introduce a complaint

In case of disagreement with the processing of your personal data by Dossche Group, you have the right to introduce a complaint with the competent authorities (for Belgium: https://www.privacycommission.be/).

© 2018 deJuristen ICT-rights & intellectual property (http://www.ictrecht.be). By law, copyright is applicable on the information which implies that the information may not be reproduced or communicated without prior consent and written consent of deJuristen (contact@dejuristen.be). As a consequence thereof, any appropriate intellectual property rights remain valid.

Cookie policy

COOKIE DECLARATION – GOURMAND PASTRIES

Cookies

A cookie consists of a small text file placed on the hard disk of your computer or mobile device when visiting a website. This cookie will be placed on your device either by the website (“first party cookies”) or its partners (“third party cookies”). By means of the cookie your device will be recognized on the basis of a unique identification number whenever returning to the website. Simultaneously, it will collect details on your surfing behavior.

Different types of cookies exist. Following cookies can be distinguished in function of their purpose: essential or strictly necessary cookies and non-essential cookies (functional, analytical and targeting cookies).

Belgian legislation on electronic communication dated June 13, 2005 sets out the provisions on cookies and the use thereof on websites. This legislation is a transposition of the European e-Privacy Guideline. Consequently, the legislation on cookies might be implemented differently in other European member states. As Gourmand Pastries is mainly focussed on the Belgian market, it will follow the Belgian and European legislation on cookies.

Purpose and utility of cookies

When visiting the website, consent can be given as to placing cookies. Cookies will assist Gourmand Pastries in optimizing your visit to its website and in offering you the best possible user experience. However, you are entitled to remove or limit cookies by modifying your browser settings (cfr “Management of cookies”).

Deactivating cookies might have an impact on the website’s functioning. Some site functions might become limited or non-accessible. When deciding to deactivate, a smooth and optimum visit to our website can no longer be guaranteed.

Types of cookies used by Gourmand Pastries

Following types of cookies can be distinguished:

Strict necessary cookies:

These cookies are indispensable for the website’s proper functioning and cannot be deactivated in our systems. In most cases, there are set to have a reaction on your actions. We cite in this respect privacy preferences, log-in actions of completion of forms.

Non essential cookies:

These cookies are not essential to have the website functioning but will assist us in offering an improved and personalised website.

Functional cookies:

These cookies will allow the website to offer improved functionalities and personalisation. They can be set by our own services or by external providers whose services we have added to our pages.

Analytical cookies:

These cookies will allow us to keep track of your visits and traffic, thus improving and measuring the performance of our site. They will assist us in finding out which pages are visited on a frequent basis and which are not and how visitors are scrolling through our site.

Targeting cookies:

These cookies might be installed via our site by our advertising partners and might be used by these companies to set up a profile of your interests on the basis of which appropriate advertising will be shown on other sites.

We both use our own cookies and cookies of carefully selected partners with whom we collaborate and who offer our services on their website.

First Party Cookies[Office1] :

Domain name:

Name cookie	Type cookie	Duration of conservation
__cfduid	Used by the content network, Cloudflare, to identify trusted web traffic.	1 year
PHPSESSID	Preserves user session state across page requests.	1 year

Third party cookies:

Domain name:

Name cookie	Type cookie	Duration of conservation

Domain name:

Read the Privacy Declaration for more details on how personal data are treated by Gourmand Pastries.

Management of cookies

Make sure cookies are activated on your web browser. When consulting Gourmand Pastries’ website, we advise you to activate cookies. You are entitled to deactivate cookies via your browser’s settings.

Deactivating cookies should be done by modifying your browser’s settings (via tab “Preferences” of “Options”). Go to the following links to have more information on how to manage cookies. Simultaneously, you can consult the “Help” tab of your browser.

Cookies verwijderen en beheren in Internet Explorer(remove and manage cookies in Internet Explorer)
Cookies verwijderen en beheren in Mozilla Firefox(remove and manage cookies in Mozilla Firefox)
Cookies verwijderen en beheren in Chrome(remove and manage cookies in Chrome)
Cookies verwijderen en beheren in Safari(remove and manage cookies in Safari)

Visitor rights

As cookies might include managing personal data, you are entitled to a legitimate and safe processing of your personal data. Details on how we collect and process your personal data, including your rights, are readily available in our Privacy Declaration.

Contact

Should you have any further questions or remarks on this Cookie Declaration, please contact info@dosschemills.com

GENERAL CONDITIONS OF SALE

1. AGREEMENT

Unless otherwise stipulated in writing, any offer, order or agreement of the customer with GOURMAND shall be governed by these terms and conditions, which form an integral part thereof and which ipso jure shall take precedence over the purchase terms and conditions of the customer. Any departure from or amendment to these terms and conditions may only be invoked against GOURMAND if GOURMAND has expressed its consent in writing.
All prices, quotations, brochures, catalogues or proposals are without obligation and without any commitment on the part of GOURMAND.
All purchase orders received by GOURMAND shall be considered as final, binding on the customer and irrevocable.
An agreement shall only be concluded after GOURMAND has confirmed the order or signed the sales contract. The agreement binds the parties irrevocably.
Except where the agreement specifies a fixed quantity, a fixed price and a fixed period of time, GOURMAND may at any time adjust the agreed prices to take account of changes in the cost price of goods, such as the cost of raw materials, the price of electricity, oil, gas, labour, etc. When orders are executed without prior written agreement on price, the prices on the day of delivery apply.
The full or partial cancellation of the agreement can only be done with the written consent of GOURMAND. Requests for cancellation of orders shall be assessed by GOURMAND without obligation. If the customer nevertheless cancels the agreement, GOURMAND shall be entitled to dissolve the agreement at the expense of the customer by registered letter to that effect without notice of default and without judicial intervention. In that event, the customer is legally obliged to pay compensation, the minimum amount of which is fixed at 25% of the price, excl. VAT, without prejudice to GOURMAND’s right to demonstrate additional damage.

All sales are deemed to have been made at the registered office of GOURMAND.

2. DELIVERY AND DELIVERY DATE

Unless GOURMAND and the customer have expressly agreed otherwise, delivery shall take place after full payment of the price.
GOURMAND reserves the right to deliver quantities of the goods sold with a difference of plus/minus 5%.
The agreed delivery dates are indicative and do not bind GOURMAND rigidly. Any delay, if not truly unreasonably attributable exclusively to GOURMAND, shall not give rise to cancellation of the order and/or dissolution of the agreement and/or to GOURMAND being liable to pay any compensation to the customer.
Changes to orders made at the request of the customer shall extend the delivery period ipso jure by the period of time necessary for GOURMAND to comply with this change. If the due date for the payment of advances is exceeded then ipso jure the number of days overdue shall be added to the delivery term.
The customer shall take all necessary measures to ensure that the goods can be delivered at the agreed place of delivery. These measures, inter alia, relate to the accessibility of the site, the availability of staff, etc. The customer shall be liable to GOURMAND for any damage caused by non-compliance with this obligation.
If the customer refuses or makes the delivery of the goods impossible despite a notice of default, GOURMAND ipso jure may opt for the dissolution of the agreement to the detriment of the customer, who shall be informed thereof by registered letter. If a partial delivery has already taken place and the customer refuses further delivery or makes it impossible then, provided that the customer has been informed by registered letter, GOURMAND may opt for invoicing the partial delivery already executed and for dissolution of the contract at the customer’s expense for the as yet non-delivered part. In such cases, the customer shall be liable to pay compensation the minimum amount of which, taking into account the potential damage, shall be fixed at 25% of the total price, or, where applicable, of the price of the goods not yet delivered, without prejudice to GOURMAND’s right to claim compensation for further damage suffered and demonstrated.

3. DELIVERY AND DELIVERY DATE

Unless GOURMAND and the customer have expressly agreed otherwise, the responsibility and risk for the goods shall pass to the customer as soon as the agreement is concluded and, to the extent that the goods cannot be determined by number or weight, as soon as they are individualised.
The goods shall remain the property of GOURMAND until full payment of the price and appurtenances has been made. Until such time, the customer undertakes not to alienate, pledge and/or encumber the goods with sureties. If, despite this prohibition, the customer nevertheless alienates, pledges or encumbers with sureties those goods subject to the retention of title, the retention of title by virtue of commercial subrogation shall apply to the claim (in relation to the purchase price) with respect to the third buyer. The retention of title shall also still apply when the delivered goods have been processed or mixed with other goods.
Unless GOURMAND and the customer expressly agree otherwise, the goods ordered will be delivered ex works / warehouse and transported at the risk and hazard of the customer. The goods are accepted at the place of delivery.

4. INVOICING AND PAYMENT

The contract price shall be invoiced and shall be payable in accordance with the stipulations laid down in the special terms and conditions. If no payment term is permitted in the special terms and conditions, then the invoices are payable in cash. Even if this is not expressly provided for in the special terms and conditions, GOURMAND shall at all times be entitled to demand cash payment upon delivery or to make delivery subject to the prior payment of an advance.
Invoices are payable at GOURMAND’s registered office, on the due date and without discount. All complaints concerning an invoice must be made within 8 days of the invoice date, by registered and reasoned letter, otherwise they cannot be pursued.
The price ipso jure is increased by all taxes and duties levied or to be levied by any government, as they are applicable on the day of delivery.
In the event of non-payment by the due date, interest shall be due ipso jure and without notice of default as from the due date, calculated at the interest rate determined in accordance with Article 5 of the Act of 02/08/2002 on combating late payment in commercial transactions.
In the event of full or partial non-payment by the due date and after a registered notice of default, each amount due shall be increased ipso jure by 12%, with a minimum of EUR 100.00 per invoice, by way of a conventional penalty clause, as fixed compensation for extrajudicial costs. As from the registered notice of default, this fee shall be increased ipso jure by the conventional interest rate stipulated in Article 4.4.
In the event of late payment after the due date, and following a notice of default by registered letter, GOURMAND may always opt for the ipso jure termination of the contract at the expense of the client, subject to notice to that effect by registered letter. In that case, GOURMAND shall recover the delivered goods from where they are, and the customer shall be obliged ipso jure to pay damages, the minimum amount of which shall be fixed at 25% of the price excluding VAT, the excess amount to be demonstrated by GOURMAND.
Likewise in the event of non-payment by the due date, GOURMAND reserves the right to cancel the part of the delivery still to be delivered or to suspend the delivery, this decision to be communicated to the customer by registered letter. In the event of cancellation, the same compensation shall be due as specified above. Furthermore, in such as event, any amount still owed by the customer shall become due and payable ipso jure and without notice of default.
The payment without reservation of (a part of) an invoiced amount is considered as acceptance of the invoice. Reductions to the amount owed shall always be accepted subject to all reservations and without adverse recognition, and shall be attributed first to any legal costs incurred, then to the interest due, then to the compensation clause, and finally to the principal sum.
GOURMAND shall be entitled to exercise a right of lien on all the customer’s goods in its possession for all sums due to it.
When objective elements (such as protested bills of exchange, cancellation of credit, preserving or executive attachments, arrears against creditors, etc.) point to the customer having liquidity problems, GOURMAND is entitled to make its commitments subject to obtaining adequate guarantees.
Except with the written consent of GOURMAND, the amounts owed by the Customer to GOURMAND cannot be offset in any way against any amount the Customer can claim from GOURMAND. Similarly, such claims of the customer cannot be invoked by them to postpone or suspend their payment obligations towards GOURMAND.

5. CONFORMITY OF THE DELIVERY

GOURMAND undertakes to deliver the goods which are in accordance with the purchase agreement or the accepted offer.
GOURMAND shall make reasonable efforts to deliver the goods in accordance with the given specifications (if applicable). However, the customer accepts that the goods are natural products, which mean that the specifications are always only indicative and can vary from time to time. A variation in a specification may under no circumstances give rise to a claim by the customer for damages or a reduction in price on the grounds of a non-conformity. Nor does this entitle the customer to cancel, suspend or terminate the agreement (in whole or in part).
The customer must check the quality and quantity of the goods upon receipt of the deliveries.
The burden of proof with regard to the non-conformity of the delivered goods rests with the customer. The customer must provide proof that the lack of conformity was at least present at the time of the delivery of the goods.

6. COMPLAINTS

Complaints about visible defects are only valid if (i) the customer notifies them in writing immediately after delivery of the goods (in any event within 24 hours), and (ii) the goods in question remain unprocessed and are still available for inspection by GOURMAND. Any visible defects which are not reported to GOURMAND in writing within the period specified above shall be deemed to have been accepted by the customer.
Complaints relating to hidden defects are only valid if the customer notifies GOURMAND of them in writing, with the necessary supporting documents, within three days of a defect (i) being discovered or (ii) could reasonably have been expected to have been discovered, and provided that the goods are still available for inspection by GOURMAND.
If a complaint is made in accordance with Article 6.1 or Article 6.2 then GOURMAND, in accordance with its internal procedure, shall examine the supporting documents from the customer and immediately inform the customer of the further settlement procedure. Any nonconformity can only lead to replacement of the goods if they are recognised as defective and/or non-conforming.
If GOURMAND acknowledges the defect, it has the choice between delivering replacement goods and issuing a credit note. Any compensation payable by GOURMAND shall always be limited to no more than the amount of the purchase price (excl. VAT) of the goods which gave rise to the complaint, notwithstanding the nature and importance of the injury and the complaint. Nor does this entitle the customer to cancel, suspend or terminate the agreement (in whole or in part).
GOURMAND’s guarantee undertaking has been entered into personally in respect of the customer. Therefore, if the customer transfers the delivered goods to third parties, these third parties cannot invoke the guarantee directly vis- -vis GOURMAND.

7. LIABILITY

The total liability of GOURMAND shall always be limited to no more than the price (excl. VAT) of the goods that have given rise to the liability. This limitation of liability applies regardless of whether the act or omission was committed by GOURMAND or its agent, regardless of the applicable liability regime including, but not limited to, contractual liability, liability in tort, nofault liability, product liability, liability for hidden defects, and even in the case of gross negligence on the part of GOURMAND and, in addition, in the case of gross negligence and wilful misconduct on the part of its agent.
In no event shall GOURMAND be liable for any loss of profits, loss of turnover, loss of customers, loss of orders or revenue, loss of goodwill, loss of spent management time, financial loss or any other consequential loss of any kind.
In the event of “extraneous cause” (Article 1147 of the Civil Code), even if it does not lead to permanent and/or absolute impossibility of the execution of the agreement, GOURMAND shall be authorised ipso jure to suspend or even unilaterally cancel its commitments, after having informed the customer thereof. If applicable, GOURMAND can under no circumstances be held liable for damages. The following are conventionally considered as “extraneous causes” (force majeure): accidents, damage within the Company, difficulties in making the goods available at the place of delivery, strike or lock-out, exceptional weather conditions, fire, natural and other disasters, exceptional scarcity of raw materials, government decisions affecting the fulfilment of obligations, and this when this extraneous cause occurs at GOURMAND or at its suppliers.

8. GENERAL

The customer acknowledges that it has taken note of this agreement in all its written and printed provisions. It acknowledges that these documents constitute the full text of the agreement between the two parties, and that all prior oral or written proposals for commitments and/or documents emanating from it are replaced or wiped out, together with any other communication made until now between the parties concerning the content of this agreement. If it should be determined that one or more stipulations cannot be invoked towards the customer in whole or in part, then the other stipulations of the agreement shall remain in full force and effect.

9. APPLICABLE LAW AND COMPETENT COURTS

In the event of a dispute, only the competent courts of the Kortrijk district are competent. The customer can only bring GOURMAND before these courts. This also applies in the event of urgency (e.g. summary proceedings). However, GOURMAND can always choose to appear before another court that has territorial jurisdiction by virtue of Article 624 of the Judicial Act.
The use of bills of exchange does not imply any novation and, therefore, does not imply any change in the competence or other contractual conditions.
Belgian law is applicable, and for everything that is not explicitly regulated here, reference is made to common law. The applicability of the Vienna Sales Convention and the New York Convention on the statute of limitations for international sale of goods is expressly excluded.