Privacy Privacy Policy – A Fresh Tart / Café con Dulce (CommV)

Café con Dulce (CommV)

Trade name: A Fresh Tart

Registered office: Gemeentestraat 18, 2570 Duffel, Belgium

Business location: Sint-Katelijnevest 41, 2000 Antwerp, Belgium

Company / VAT number: BE 0701.970.390

Email: info@afreshtart.be

(hereinafter referred to as “A Fresh Tart”)

declares the following:

A Fresh Tart processes personal data in the context of providing services to customers, when communicating through the contact form, when placing orders, and when using its website. Depending on the situation, A Fresh Tart acts as either a data controller or a data processor.

When A Fresh Tart determines the purposes and means of processing personal data, it acts as the data controller. When personal data is processed on behalf of a customer or partner, A Fresh Tart acts as a data processor.

A Fresh Tart recognizes the importance of privacy and secure data processing. Both A Fresh Tart and its customers commit to processing personal data in accordance with applicable Belgian and European legislation, including the Law of 30 July 2018 on the protection of natural persons with regard to the processing of personal data and the General Data Protection Regulation (GDPR – Regulation EU 2016/679).

If legislation changes, this policy may be updated accordingly. The most recent version of the privacy policy will always be available on the A Fresh Tart website.


DEFINITIONS

For a clear understanding of this privacy policy, the following terms are defined as follows:

GDPR

The General Data Protection Regulation – Regulation (EU) 2016/679.

Personal Data

Any information relating to an identified or identifiable natural person.

Data Subject

The natural person to whom the personal data relates.

Consent

A freely given, specific, informed, and unambiguous indication of the data subject’s wishes by which they agree to the processing of personal data.

Processor

The party that processes personal data on behalf of a data controller.

Processing

Any operation performed on personal data such as collecting, storing, using, transferring, or deleting data.

Data Controller

The party that determines the purposes and means of processing personal data.

Data Breach

A breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to personal data.


SCOPE OF THIS PRIVACY POLICY

Contractual relationships

This policy applies to all contractual relationships between A Fresh Tart and its customers, suppliers, or other stakeholders during the entire duration of the collaboration.

Exceptions are only possible where required by law or by mutual (explicit or implicit) agreement.

Substantive changes to this policy will be announced via the website.

Use of the website

By visiting the A Fresh Tart website or using the contact form, the data subject agrees to this policy and to the use of their personal data for the purposes for which it was provided (in accordance with Art. 6.1.a and 6.1.b GDPR).

A Fresh Tart cannot guarantee the accuracy or completeness of external links on its website.


PROCESSING OF PERSONAL DATA

Personal data is always collected and processed in a transparent manner for clearly defined and legitimate purposes.

A Fresh Tart only processes data that is necessary and ensures that the data remains accurate and up to date.

Within the context of its services, the following personal data may be processed:

First and last name

Email address

Phone number

Address details

VAT number (for business customers)

Order details

Other information voluntarily shared via contact forms or communication

Special categories of personal data are not processed unless strictly necessary and with explicit consent.

Personal data is stored only for as long as necessary for the purpose of processing or as long as required by law.


LEGAL BASIS FOR PROCESSING

By using the services of A Fresh Tart or by providing data through the website, the data subject acknowledges that the data may be processed based on:

performance of a contract (Art. 6.1.b GDPR)

legal obligation (Art. 6.1.c GDPR)

legitimate interest with existing customers (Art. 6.1.f GDPR)

explicit consent (Art. 6.1.a GDPR)

Consent may be withdrawn at any time, without retroactive effect.


PURPOSES OF PROCESSING

Type of personal data

Name, address, email, phone number, VAT number

Purpose of processing

Execution of orders, reservations, invoicing, and compliance with legal obligations.

Type of personal data

Name, address, email

Purpose of processing

Responding to inquiries, customer communication, and follow-up of orders.

Type of personal data

Name, email

Purpose of processing

Direct marketing, promotions, or newsletters (with consent or legitimate interest).

When using the contact form, it may be necessary to process certain data in order to provide a response. This information is used internally only.

The website may also use cookies. Please refer to the cookie policy for more information.


SECURITY OF PERSONAL DATA

A Fresh Tart implements appropriate technical and organizational measures to protect personal data against unauthorized access, loss, or alteration.

These measures take into account:

the nature of the data

the potential risks

the current state of technology

Upon simple written request, A Fresh Tart can provide additional information regarding its security policy.


USE OF SUBPROCESSORS AND SERVICE PROVIDERS

A Fresh Tart works with carefully selected partners and service providers who may process personal data under the supervision and instructions of A Fresh Tart.

They are contractually bound to comply with the GDPR and to implement appropriate security measures (in accordance with Art. 28 GDPR).

A Fresh Tart is not liable for errors by subprocessors lacking sufficient expertise, unless expressly agreed otherwise.


SHARING DATA WITH THIRD PARTIES

A Fresh Tart does not share personal data with third parties unless:

it is necessary for the execution of the service

there is a legal obligation

the data subject has explicitly given consent

In the event of legally required disclosure, A Fresh Tart will inform the data subject unless this is prohibited by law.


DATA PROCESSING WITHIN OR OUTSIDE THE EU

A Fresh Tart limits the processing of personal data to the European Economic Area (EEA) or to countries that provide an equivalent level of data protection.

If data were to be processed outside the EEA, A Fresh Tart will ensure appropriate safeguards are in place.

Additional information can be provided upon request.


RIGHTS OF DATA SUBJECTS

In accordance with the GDPR, every data subject has the right to:

access their personal data

correct or update their data

request deletion (“right to be forgotten”)

restrict processing

data portability

object to processing

A written request can be sent to:

info@afreshtart.be

or by post to:

Café con Dulce (CommV)

Gemeentestraat 18

2570 Duffel

Belgium

A Fresh Tart will respond within 30 days. If necessary, this period may be extended by two months with justification.


DATA RETENTION

Personal data is stored only for as long as necessary for the intended purpose.

Accounting and legal documents may be stored longer in accordance with legal obligations.

Other data may be anonymized where identification is no longer required.

At the end of the retention period, the data will be securely deleted.


DATA BREACHES

A Fresh Tart takes all reasonable measures to prevent the loss or misuse of personal data.

In the event of a data breach, notification will be made to the Belgian Data Protection Authority (GBA) where legally required and, in certain cases, to the affected individuals.

A Fresh Tart will fully cooperate with competent authorities and take corrective measures where necessary.


FINAL PROVISIONS

A Fresh Tart supports data subjects in exercising their rights, except where restricted by legal obligations or confidentiality requirements.

Controller responsible for processing:

Café con Dulce (CommV) – A Fresh Tart

info@afreshtart.be

For more information or complaints, you may contact the:

Belgian Data Protection Authority

Drukpersstraat 35

1000 Brussels

Belgium

www.gegevensbeschermingsautoriteit.be

If any provision of this policy is deemed invalid, the remaining provisions remain fully applicable.

In case of conflict between this policy and a separate agreement with the customer, the agreement shall prevail.

A Fresh Tart reserves the right to update this policy in response to legislative changes or internal requirements. Significant changes will be communicated via the website.

This policy is governed exclusively by Belgian law.

Any disputes fall under the exclusive jurisdiction of the courts of the judicial district of the registered office of Café con Dulce (CommV).