Privacy policy

Introduction

Welcome to Hilarius Haarlem Holland BV (Hilarius)’s privacy policy.

Hilarius respects your privacy and is committed to protecting your personal data. This privacy policy will inform you as to how we look after your personal data when you visit our webshop (regardless of where you visit it from) and tell you about your privacy rights and how the law protects you.

IMPORTANT INFORMATION AND WHO WE ARE

Purpose of this Privacy Policy

This privacy policy aims to give you information on how Hilarius collects and processes your personal data through your use of this webshop including any data you may provide through this webshop when you sign up to our newsletter, purchase a product or service or take part in a competition or special offer.

This webshop is not intended for children and we do not knowingly collect data relating to children.

It is important that you read this privacy policy together with any other privacy policy or fair processing policy we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This privacy policy supplements other notices and privacy policies and is not intended to override them.

Data controller

Hilarius is the controller and responsible for your personal data (collectively referred to as “we”, “us” or “our” in this privacy policy).

Data privacy manager and contact details

We have appointed a data privacy manager who is responsible for overseeing questions in relation to this privacy policy. If you have any questions about this privacy policy, including any requests to exercise your legal rights, please contact the data privacy manager using the details set out below.

Mr Johan Reemer
Hilarius Haarlem Holland BV
Emrikweg 7, 2031 BT Haarlem
Email address: webshop@hilco-welding.com
Telephone number: +31 (0) 235533040
Registered at the district Chamber of Commerce & Industry in Amsterdam under number 34.06.2390.

HILCO and HILCO-Welding are registered trademarks for products exclusively sold by Hilarius Haarlem Holland BV.

Complaints
You have the right to make a complaint at any time to the Dutch data protection authority, De Autoriteit Persoonsgegevens (AP) (www.autoriteitpersoonsgegevens.nl). We would, however, appreciate the chance to deal with your concerns before you approach the AP, so please contact us in the first instance.

Changes to the Privacy Policy and your duty to inform us of changes

We keep our privacy policy under regular review. Historic versions can be obtained by contacting us.

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.

Third Party links

This webshop may include links to third-party website or webshops, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites or webshops and are not responsible for their privacy statements. When you leave our webshop, we encourage you to read the privacy policy of every website or webshop you visit.
THE DATA WE COLLECT ABOUT YOU

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:
- Identity Data includes your company- / tradename, VAT-number, first name, maiden name, last name, username or similar identifier, title and gender.
- Contact Data includes billing address, delivery address, email address and telephone numbers.
- Financial Data includes bank account and payment card details.
- Transaction Data includes details about payments to and from you and other details of products and services you have purchased from us.
- Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access this webshop.
- Profile Data includes your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses.
- Usage Data includes information about how you use our webshop, products and services.
- Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.
We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data could be derived from your personal data, but is not considered personal data in law as this data will not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website / webshop feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy policy.

We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.

If you fail to provide personal data

Where we need to collect personal data by law, or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.
HOW IS YOUR PERSONAL DATA COLLECTED?

We use different methods to collect data from and about you including through:
- Direct interactions: You may give us your Identity, Contact and Financial Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:
  - apply for our products or services;
  - create an account in our webshop;
  - subscribe to our service or publications;
  - request marketing to be sent to you;
  - enter a competition, promotion or survey; or
  - give us feedback or contact us.
- Automated technologies or interactions: As you interact with our webshop, we will automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies and other similar technologies. Please see more about our cookies below.
- Third parties or publicly available sources: We may receive personal data about you from various third parties and public sources as set out below:
  - Technical Data from analytics providers, advertising networks and search information providers (such as Google).
  - Contact, Financial and Transaction Data from providers of technical, payment and delivery services (such as Mollie payments).
  - Identity and Contact Data from publicly available sources (such as Companies House and the UK Electoral Register).
HOW WE USE YOUR PERSONAL DATA

We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:
- Where we need to perform the contract we are about to enter into or have entered into with you.
- Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
- Where we need to comply with a legal obligation.
Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.

Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.

Comply with a legal obligation means processing your personal data where it is necessary for compliance with a legal obligation that we are subject to.

Generally, we do not rely on consent as a legal basis for processing your personal data although we will get your consent before sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us.

PURPOSES FOR WHICH WE WILL USE YOUR PERSONAL DATA

We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.

Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.

Purpose/Activity

Type of data

Lawful basis for processing including basis of legitimate interest

To register you as a new customer

(a) Identity

(b) Contact

Performance of a contract with you

To process and deliver your order including:

(a) Manage payments, fees and charges

(b) Collect and recover money owed to us

(a) Identity

(b) Contact

(d) Transaction

(a) Performance of a contract with you

(b) Necessary for our legitimate interests (to recover debts due to us)

To manage our relationship with you which will include:

(a) Notifying you about changes to our terms or privacy policy

(b) Asking you to leave a review or take a survey

(a) Identity

(b) Contact

(d) Marketing and Communications

(a) Performance of a contract with you

(b) Necessary to comply with a legal obligation

(c) Necessary for our legitimate interests (to keep our records updated and to study how customers use our products/services)

To enable you to partake in a competition or complete a survey

(a) Identity

(b) Contact

(d) Usage

(e) Marketing and Communications

(a) Performance of a contract with you

(b) Necessary for our legitimate interests (to study how customers use our products/services, to develop them and grow our business)

To administer and protect our business and this webshop (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)

(a) Identity

(b) Contact

(a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise)

(b) Necessary to comply with a legal obligation

To deliver relevant webshop content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you

(a) Identity

(b) Contact

(d) Usage

(e) Marketing and Communications

(f) Technical

Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy)

To use data analytics to improve our webshop, products/services, marketing, customer relationships and experiences

(a) Technical

(b) Usage

Necessary for our legitimate interests (to define types of customers for our products and services, to keep our webshop updated and relevant, to develop our business and to inform our marketing strategy)

To make suggestions and recommendations to you about goods or services that may be of interest to you

(a) Identity

(b) Contact

(d) Usage

(e) Profile

(f) Marketing and Communications

Necessary for our legitimate interests (to develop our products/services and grow our business)

Marketing

We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising when visiting our webshop.

Promotional offers from us

We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing).

You will receive marketing communications from us if you have requested information from us or purchased goods or services from us and you have not opted out of receiving that marketing.

Third party marketing

We will get your express opt-in consent before we share your personal data with any third party for marketing purposes.

Opting out

You can ask us or third parties to stop sending you marketing messages by contacting us at any time.

Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a product/service purchase, warranty registration, product/service experience or other transactions.

Use of Cookies

We use cookies on various pages to make your visit to our webshop attractive and to enable the use of certain functions. These are small text files that are stored on your computer. You can change which cookies you accept here.

Most of the cookies we use will be deleted from your hard disk at the end of the browser session (so-called session cookies). Other cookies remain on your computer and enable us to recognise your computer on your next visit (so-called persistent cookies). These cookies are used to greet you with your username and spare you the need to re-enter your password or fill in forms with your data for subsequent orders.

You can set your browser to notify you when cookies are set, decide to accept only certain cookies, or generally exclude the acceptance of cookies. If cookies are not accepted, you may not be able to use all the functions of our webshop to their full extent.

Analysis tools

Google Analytics

This webshop uses Google (Universal) Analytics, a web analysis service of Google Inc. . Google (Universal) Analytics uses methods which allow an analysis of your use of the webshop, such as cookies. The information generated about your use of this webshop is generally transferred to a Google server in the USA and stored there. In case IP anonymisation is activated on this webshop, the IP address will be truncated prior to transmission within the Member States of the European Union or in other States that are parties to the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and truncated there. The anonymised IP address sent by your browser within the framework of Google Analytics will not be merged with other data by Google. You can prevent Google from collecting the data generated by the cookie and related to your use of the webshop (including your IP address) and from processing this data by downloading and installing the Browser Add-on to deactivate Google Analytics, which is available at the following link (here). You can find out about Google's tracking on its data protection page here.

Hotjar

We use Hotjar in order to better understand our users’ needs and to optimize this service and experience. Hotjar is a technology service that helps us better understand our users experience (e.g. how much time they spend on which pages, which links they choose to click, what users do and don’t like, etc.) and this enables us to build and maintain our service with user feedback. Hotjar uses cookies and other technologies to collect data on our users’ behaviour and their devices (in particular device's IP address (captured and stored only in anonymized form), device screen size, device type (unique device identifiers), browser information, geographic location (country only), preferred language used to display our webshop). Hotjar stores this information in a pseudonymized user profile. Neither Hotjar nor we will ever use this information to identify individual users or to match it with further data on an individual user. For further details, please see Hotjar’s privacy policy by clicking here. You can opt-out to the creation of a user profile, Hotjar’s storing of data about your usage of our site and Hotjar’s use of tracking cookies on other websites by following this opt-out link.

Facebook Pixel - Use of Facebook Remarketing

This webshop may use the remarketing function “Custom Audiences” of Facebook Inc. (“Facebook”). This function is used to present interest-based Facebook advertisements. ("Facebook Ads") to visitors of this webshop when they visit the social network. Facebook's remarketing tag has been implemented on this webshop for this purpose. This tag establishes a direct connection to the Facebook servers when you visit the webshop. The Facebook server is thereby notified that you have visited this webshop and Facebook associates this information with your personal Facebook user account. For more information about Facebook's collection and use of the data and your rights and choices about protecting your privacy, please see Facebook's data protection information here. Alternatively, you can deactivate the remarketing function “Custom Audiences” here. You must be logged into Facebook to do this.

Social Networks

Facebook

Our webshop may use so-called social plugins (“plugins") of Facebook, . The plugins are marked with a Facebook logo or the notation “Social Plug-in of Facebook” or “Facebook Social Plugin”. An overview of the Facebook plugins and their appearance can be found here.

When you access a page of our webshop that contains such a plugin, your browser will establish a direct connection to the Facebook servers. The content of the plugin will be transmitted directly from Facebook to your browser and integrated in the page. Through this integration Facebook receives the information that your browser has accessed the corresponding page of our webshop, even if you do not have a Facebook profile or are not currently logged into Facebook. This information (including your IP address) will be transmitted directly from your browser to a Facebook server in the USA and stored there.

If you are logged into Facebook, Facebook can immediately associate your visit to our webshop with your Facebook profile. If you interact with the plugins, for example, by clicking the "Like" button or making a comment, this information will also be transmitted directly to a Facebook server and stored there. The information will also be published on your Facebook profile and displayed to your Facebook friends.

The purpose and scope of the data collection and the further processing and use of the data by Facebook as well as your rights and setting options with respect to the protection of your privacy can be found in Facebook’s Data Protection Information.

If you do not want Facebook to associate the data collected via our webshop directly with your Facebook profile, you must log out of Facebook before visiting our webshop. You can also completely prevent the Facebook plugins from loading by using add-ons for your browser, e.g. with the "Facebook Blocker".

Instagram

Our pages may integrate functions of the Instagram service. These functions are provided by Instagram Inc., 1601 Willow Road, Menlo Park, CA, 94025, USA. If you are logged into your Instagram account you can link the contents of our pages to your Instagram profile by clicking the Instagram button. This allows Instagram to associate the visit to our pages with your user account. We would like to point out that, as the provider of the pages, we do not obtain any information of the content of the transmitted data or how Instagram uses it. For more information, please see Instagram’s Data Protection Declaration.

YouTube Video Plugins

The extended data privacy setting is activated in respect of YouTube videos which are linked to our webshop. This means that no information from webshop visitors is collected and stored on YouTube unless they play the video. YouTube is operated by Google. The purpose and scope of the data collection and the further processing and use of the data by the providers as well as your relevant rights and setting options for the protection of your privacy can be found at Google's Data Protection.

Newsletter

When you register for a newsletter, your e-mail address will be used for advertising purposes with your separately declared consent, until you unsubscribe from the newsletter. If you register for our newsletter, we use the data required for this or separately communicated by you in order to send you our e-mail newsletter on a regular basis. Your e-mail address will not be furnished to other companies for advertising purposes. You can unsubscribe from the newsletter at any time either by sending a message to the point of contact specified below or via a link provided for this purpose in the newsletter.

Change of purpose

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.

If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

DATA RETENTION

Following complete processing of the contract and payment of the purchase price in full, your data will be blocked for further use and will be subject to the following data retention policy, unless you have expressly consented to the further use of your data.

We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.

To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.

By law we have to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for at least 7 years after they cease being customers for tax purposes.

In some circumstances you can ask us to delete your data: see your legal rights below.

In some circumstances we will anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.

Your customer account can be deleted at any time either via a message to the point of contact described below or via a function intended for it in the customer account.

Please contact us if you need any further information with respect to data retention, including the periods for retaining your data.
DISCLOSURES OF PERSONAL DATA

We may share your personal data with the parties set out below for the purposes set out above:
- Service providers acting as processors who provide IT and system administration services.
- Professional advisers acting as processors or joint controllers including lawyers, bankers, auditors and insurers who provide consultancy, banking, legal, insurance and accounting services.
- Tax authorities, regulators and other authorities acting as processors or joint controllers who require reporting of processing activities in certain circumstances.
- Third parties to whom we may choose to sell, transfer or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy policy.
In particular, for purposes of performing the contract, we will furnish your data to the shipping company commissioned with the delivery, as far as this is necessary for the delivery of ordered goods. Depending on which payment service provider you select in the ordering process, we will furnish the payment data collected for the processing of payments to the credit institution commissioned with the payment and, if applicable, to payment service providers commissioned by us or to the selected payment service. In some cases, the selected payment service providers also collect this data themselves if you create an account there. In this case, you must log in to the payment service provider with your access data during the ordering process. The data protection declaration of the respective payment service provider shall apply in this respect.

We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.
INTERNATIONAL TRANSFERS

We usually do not transfer your personal data outside the European Economic Area (EEA).

If we transfer your personal data out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:
- We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission. For further details, see European Commission: Adequacy of the protection of personal data in non-EU countries.
- Where we use certain service providers, we may use contracts approved by the European Commission which give personal data the same protection it has in Europe. For further details, see European Commission: Model contracts for the transfer of personal data to third countries.
- Where we use providers based in the US, we may transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to personal data shared between Europe and the US. For further details, see European Commission: EU-US Privacy Shield.
Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA.
DATA SECURITY

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

Your personal data is transmitted over the Internet in encrypted form using SSL. We protect our webshop and other systems via technical and organisational measures to prevent loss, destruction, access, modification or distribution of your data by unauthorised persons. Access to your customer account is only possible after entering your personal password. You should always keep your access information confidential and close the browser window when you have finished communicating with us, especially if you share the computer with others.
YOUR LEGAL RIGHTS

Under certain circumstances, you have rights under data protection laws in relation to your personal data. You have the right to:
- Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
- Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
- Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
- Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
- Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios:
  - If you want us to establish the data’s accuracy.
  - Where our use of the data is unlawful but you do not want us to erase it.
  - Where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims.
  - You have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
- Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
- Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
If you wish to exercise any of the rights, please contact us. You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we could refuse to comply with your request in these circumstances.

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

We try to respond to all legitimate requests within one month. Occasionally it could take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

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