Changes to this Privacy Statement

The Gift reserves the right to modify this privacy statement. Any adjustment will be announced on the same page where this privacy statement can be found. Accordingly, The Gift advises a data subject to regularly check this page to see if any changes have been made. The current Privacy Statement has been updated in February 2024.

Privacy Statement The Gift
PRIVACY STATEMENT
THE GIFT

The Gift is a company established in the municipality of Dijk en Waard, aimed at the development and (business) sale of products in the field of travel, home & deco, outdoor, sports, electronics and cosmetics, whether or not using a private label and/or sold under the (brand) names Norländer, JENS Living, KUMAI and/or BRAINZ.

The business of The Gift is conducted in the legal form of a private limited company under the name The Gift Groothandel B.V. and is registered with the Chamber of Commerce under number: 34090280. The contact details of The Gift are as follows:
The Gift Groothandel B.V.
Kokkel 6
1723 HX, Noord-Scharwoude
+31 0 226 381010
info@thegift.nl

 

Purpose of this privacy statement
In this privacy statement, The Gift explains, inter alia, which personal data it processes in the course of its business, for what purposes it processes personal data and on what legal basis it processes personal data. In addition, The Gift explains, inter alia, which rights a data subject has. All this in accordance with Article 13 of the General Data Protection Regulation (hereinafter: AVG).

 

Processing of personal data
The products offered by The Gift are mainly sold through a web application developed by The Gift; www.thegift.nl (hereinafter referred to as: Website). The Gift offers its products exclusively to its partners and its products cannot be obtained, for example, without a personal account on the Website. To obtain an account on the Website, a partner must apply for one. The Gift therefore collects personal data and aims to do so with the utmost care and in accordance with the AVG. In addition, The Gift may also process personal data through other means. However, this then concerns minimal processing of personal data, think of a (company) name, e-mail address and telephone number in case a data subject contacts The Gift. Common processing of personal data in any case includes the collection, recording, storage, modification, retrieval, consultation, use, provision and deletion or destruction of personal data. The Gift does not, on the basis of automated processing

decisions on matters that could (significantly) affect individuals. This concerns decisions made by computer programmes or systems, without a human being (e.g. an employee of The Gift) being involved.

 

Social media
One or more social media buttons are included on the Website. If a data subject presses one of these buttons, his or her personal data are processed by the relevant social media platform. In such cases The Gift advises to check the relevant privacy statements of these social media platforms, where The Gift has no influence.
For the processing of personal data, The Gift thereby acts in principle as a processor within the meaning of the AVG. In the event The Gift does not determine the purpose and/or means of processing personal data, it acts as processor within the meaning of the AVG.

Partners and Third Parties
The individuals from whom The Gift processes personal data can be divided into the following categories:

• Partners of The Gift (hereinafter referred to as: Partners); and
•  Website users and other data subjects (hereinafter referred to as Third Parties). The Gift collects this personal data of Partners and Third Parties in a number of ways, more concretely it concerns the following ways:
• When the data subject concerned (read: the person from whom The Gift processes personal data) has provided personal data to The Gift via the Website, via e-mail or otherwise (for example, by applying for a user account);
• When the data subject concerned contacts The Gift with a request for information about, for example, The Gift's products. This can be either via the Website, by e-mail or otherwise;
• When the relevant data subject uses the Website;
• For monitoring purposes and for the security of the Website and/or the Website.
• When third parties provide personal data to The Gift on the basis of legal or contractual obligations; and
• As generated from the relevant data subject's use of The Gift's Website, including through cookies.
•  

The personal data that The Gift processes from Partners relates to the following categories of personal data:

• (Company) name;
• (NAW) data;
• (E-mail) address;
• Telephone number;
• Payment information;
• Data relating to a Partner's device, such as IP address;
• Communication preferences of a Partner;
• Information obtained via cookies about a Partner's surfing behaviour; and
• Other data whose processing is necessary in view of laws and regulations.

Personal data that The Gift processes from Third Parties relates to the following categories of personal data:

• (Company) name;
• Name and address details;
• E-mail address;
• Telephone number;
• Other personal data that a Third Party enters in the free field;
• Data relating to a Third Party's device, such as IP address;
• Communication preferences of a Third Party;
• Information obtained through cookies, about a Third Party's browsing behaviour; and
• Other data whose processing is necessary in view of laws and regulations.

These personal data are processed by The Gift to be able to deliver products and/or perform its activities and/or services and are necessary for the proper performance of its business. In doing so, The Gift strives to limit itself to processing only the minimum amount of personal data necessary to deliver its products and/or perform its work and/or services.

As a data subject has the opportunity to fill in a free field when contacting The Gift, it may happen that The Gift receives unsolicited personal data other than necessary. Given the fact that these (possibly even special) personal data are in principle not used for the delivery of products and/or execution of work and/or services of The Gift, these personal data will in principle also not be further processed by The Gift. In case these personal data are indeed further used and/or processed by The Gift, this is only with the consent of the person concerned and only for the purpose of executing an agreement with this person concerned.

Mandatory personal data
A data subject may also be obliged to provide certain (personal) data to The Gift. In that case, he/she will be informed of the possible consequences if he/she does not provide these personal data. In fact, a data subject is never obliged to provide personal data to The Gift, but the possibility exists that if a data subject does not provide certain personal data - designated by The Gift as mandatory - The Gift cannot provide a data subject with its products, work and/or services.

Purposes and bases for processing personal data
The Gift processes personal data of data subjects exclusively on the basis of one of the bases in the AVG. These bases are as follows:

• Consent of a data subject;
• Execution of an agreement with a data subject;
• Compliance with a legal obligation;
• Legitimate interest of The Gift or a third party.

As stated, The Gift processes certain personal data to pursue its legitimate interests and/or those of third parties. The Gift's legitimate interests include (but are not limited to): marketing purposes, advertising, research of its own products, work and/or services, IT management and security and sharing with The Gift affiliates.

Partners
The Gift processes personal data of Partners for the following purposes, based on the bases specified therein:
Purpose Basis Offering and providing its products, work and/or services or maintaining a relationship with a Partner, offering customer service or support and processing requests related to The Gift's products, work and/or services.
- Performance of the agreement;
- Legitimate interest of The Gift. Improving the Website and/or the products, work and/or
- Execution of the agreement;

services of The Gift, including by analysing its usage.
- Legitimate interest of The Gift. Establishing and maintaining a customer relationship with a Partner, for example for sending informative messages about The Gift's (new) products, work and/or services or responding to questions and requests from a Partner.
- Execution of the agreement;
- Legitimate interest of The Gift. Executing an agreement with a Partner and delivering products of The Gift.
- Execution of agreement. The financial handling of an agreement with a Partner and associated management and invoicing.
- Execution of the agreement;
- Legitimate interest of The Gift. Internal management.
- Execution of the agreement;
- Legitimate interest of The Gift;
- Legal duty. Sending The Gift's newsletter.
- Legitimate interest of The Gift;
- Consent of a Partner. Providing targeted advertisements based on a Partner's interests, using cookies and similar technologies to collect relevant information about a Partner.
- Legitimate interest of The Gift;
- Consent of a Partner. The implementation or application of laws and regulations.
- Legal duty.

Third Parties
The Gift processes personal data of Third Parties for the following purposes, based on the bases stated therein:
Purpose Basis Offering and maintaining the Website, products, work and/or services, offering customer service or support and processing, inter alia, enquiry requests.
- Legitimate interest of The Gift;
- Consent of a Third Party. Improving the Website including through analysis of its usage.
- Legitimate interest of The Gift;
- Consent of a Third Party. Establishing and maintaining a customer relationship with a Third Party or responding to enquiries and requests from a Third Party.
- Consent of a Third Party;
- Legitimate interest of The Gift. Internal management.
- Legitimate interest of The Gift;
- Legal duty. Sending The Gift's newsletter.
- Legitimate interest of The Gift;
- Consent of a Third Party. Providing targeted advertisements based on a Third Party's interests, using cookies and similar technologies to collect relevant information about a Third Party.
- Legitimate interest of The Gift;
- Consent of a Third Party. The implementation or application of laws and regulations.
- Legal duty.

Sharing of personal data
In principle, The Gift will not provide personal data of data subjects to third parties, unless:

• Personal data are provided to processors engaged by The Gift with whom a processing agreement has been concluded or independent processors, for example but not limited to IT, hosting, HR or other service providers, external consultants, accountants and/or lawyers;
• The Gift is under a legal obligation to disclose personal data to competent bodies, e.g. regulators or other public authorities;
• Personal data is disclosed to a company belonging to a company affiliated to The Gift and/or third parties or within The Gift's company;
• A data subject has given permission to The Gift to share personal data with a third party to be engaged by The Gift

The provision of personal data to the above parties will only take place for the purposes for which the personal data are processed by The Gift and in compliance with the purposes stated in this privacy statement and the AVG. Parties to whom personal data are provided are themselves responsible for compliance with privacy legislation. The Gift is neither responsible nor liable for the processing of personal data by these parties.

Sharing outside the European Economic Area
In order to deliver products, work and/or services, The Gift may be forced to transfer personal data to countries outside the European Economic Area. In principle, The Gift does not do this, but when this is the case, The Gift takes all appropriate safeguards to lawfully transfer the personal data to such countries. The Gift can do this by entering into a (model) contract - approved by the European Commission or national regulator - with the recipient if this is necessary. Again, The Gift does not intend to share personal data outside the European Economic Area.
Cookies
The Gift makes use of so-called ‘cookies’. Cookies are small text files placed by Websites on the computer or peripherals with which a data subject visits a Website. With these cookies, in accordance with the preferences specified by a data subject, The Gift automatically collects certain information about a data subject's history of activities on the Website and third-party websites. Thus, personal data of a data subject may be collected while a data subject visits the Website

used or if it runs in the background on a data subject's device. This data may be combined by The Gift with other data about a data subject's device, such as an IP address. If this requires a data subject's consent, The Gift will seek it in advance.
Most browsers will accept cookies by default, but a data subject can of course decide for him/herself whether to accept or refuse cookies. If a data subject (deletes and) disables cookies, this may affect the functionality of the Website. In that case, certain parts of the Website may not be displayed or function entirely. Data subject can disable or delete her/his cookies by consulting the manual of your browser.
In any event, The Gift uses the following cookies:
- Dynamicweb;
- Dynamicweb.Session;
- Dynamicweb.SessionVisitor;
- Dynamicweb.CookieOptInLevel;
- DW_Extranet;
- DW_ExtranetSessionCookie;
- Dynamicweb:Ecom:Notification;
- Dynamicweb:Ecom:Cart:CartSavedForLater;
- Dynamicweb:Ecom:Cart / Dynamicweb:Ecom:Cart*.

Retention period
Personal data processed by The Gift will not be kept longer than necessary for the purposes described in this privacy statement, unless required by a legal obligation. Administrative data will be kept by The Gift for seven years, where it is legally obliged to do so further. The data supervising a Partner's user account on the Website are kept for as long as the relevant user account is active.
Security of your personal data
In accordance with the AVG, The Gift has taken appropriate technical and organisational security measures to safeguard the personal data of data subjects. For example, The Gift protects personal data of data subjects against data breaches. A data breach is a breach, whether accidental or unlawful, of security in which personal data has been lost, unauthorisedly changed, disclosed or accessed. Furthermore, The Gift has taken the following appropriate technical and organisational security measures to safeguard the personal data of data subjects:

- Using personal accounts;
- HTTPS security;
- Security of its servers;
- The Gift's computers are equipped with a virus scanner and firewall;
- The Gift's employees are subject to rules of conduct;
- Two-step verification is used;
- The employees of The Gift are committed to confidentiality.

Rights of data subjects
A data subject has the right to access, rectify and delete his or her personal data in accordance with the provisions of the AVG. A data subject also has the right to object to the processing of his or her personal data. A data subject may request The Gift to restrict processing and data portability. The latter means that a data subject has the right to receive the personal data that The Gift holds about him or her in a structured, common and machine-readable form and, if necessary, to have it transferred by The Gift to another party.
Withdrawal of consent.
If a data subject has consented to the processing of his or her personal data, the data subject has the right to withdraw such consent at any time.

Using these rights
If a data subject wishes to exercise one or more of the aforementioned rights, or if a data subject has any questions about this privacy statement, a data subject may contact The Gift. The contact details of The Gift are described in the introduction to this privacy statement and can also be found on the Website. A data subject may also unsubscribe from The Gift's newsletter by sending an e-mail to The Gift.
Depending on the country where a data subject lives and/or is established, a data subject also has the right to file a complaint with a supervisory authority that supervises compliance with the rules concerning the protection of personal data. In the Netherlands, this is the Personal Data Authority, based in The Hague. For more information see the Website of the Authority Persoonsgegevens, www.autoriteitpersoonsgegevens.nl. In accordance with the policy of the Authority Persoonsgegevens, The Gift requests that a data subject first contact it to see if the complaint cannot be resolved.

Changes to this Privacy Statement.
The Gift reserves the right to modify this privacy statement. Any adjustment will be announced on the same page where this Privacy Statement can be found. Accordingly, The Gift advises a data subject to regularly check this page to see if any changes have been made. The current Privacy Statement was updated in February 2024.