Privacy Policy Viamigo
| Samenvatting
VIAMIGO registered at B-3520 Zonhoven, Moverkensstraat 53 is responsible for processing your personal data, through its website www.viamigo.be and its apps. VIAMIGO processes data of its (prospective) Users and Coaches to the following ends:
At all times, you have the right to object to the use of your data for direct marketing purposes, by contacting us. In addition, you have the right to gain access to your data and/or correct your information. Data is shared with the following parties:
In the context of providing the Services, VIAMIGO and the Coach are Collective data processing responsibles to the Users. |
1. Definitions
In this Privacy Policy, the below terms shall have the following meanings:
- VIAMIGO: ABEONAconsult BVBA, is an enterprise subject to Belgian law, with its registered office in B-3520 Zonhoven, Moverkensstraat 53, registered at the Belgian Database of Entreprises under the number 0551.862.890;
- Website: The website of VIAMIGO, www.viamigo.be and its derivatives developed and run by VIAMIGO;
- Personal data: Any and all information that relates to an identified or identifiable User or Coach.
- Users: Natural persons who – by using their User Application (the ‘GAPP’) – can be monitored by the Coaches, to guide them during their trips.
- Coaches: Natural persons who – by using their Coach application (the ‘CAPP’) in light of their professional activities or otherwise – can monitor one or more Users.
- Organizations: Organizations who offer services (such as the following non-restrictive examples: education, care, etc.) to the Users, whether or not by means of the Coaches (irrespective of the nature of the relationship between both, such as the following non-restrictive examples: employees, contractual workers, volunteers, etc.).
2. Use of personal data
VIAMIGO is committed to respecting and protecting your privacy and the confidentiality and safety of your personal data.
Your personal data are processed according to the Act of 8 December 1992 with regard to the protection of privacy with regard to processing personal data (hereafter referred to as ‘the Act of 8 December 1992’). VIAMIGO serves as the data processing responsible.
“Processing” means any operation or set of operations which is performed upon personal data of natural persons, whether or not by automated means, such as the collection, recording, organization, storage, adaptation or alteration, deletion, consultation, communication, use, disclosure by means of transmission, dissemination or otherwise making available, linking, combination, blocking or destruction of personal data.
3. Which personal data
Through its Website, VIAMIGO can process the personal data below, including, without being restrictive, through the contact form and cookies:
- Information about your computer or mobile device and your visits and use of the Website, including your IP address, operating system, browser type and geographic location;
- Any other information you potentially wish to share yourself.
VIAMIGO can process the below Personal data of the Coaches:
- Account data provided by the Coach or his/her Organisation: name, email address, telephone number, date of birth, profile picture en availability status.
VIAMIGO can process the below Personal data of the Users:
- Account data provided to us by the User or his/her Coaches or Organisation: name, email address, telephone number, address, date of birth and profile picture;
- Route data provided to us by the Coach(es) of the User, including frequently used routes (e.g. from home to the baker’s shop and back home);
- Real-time Location data (GPS) obtained through the User’s GAPP, this data can in some cases be considered as special personal data.
Moreover, also the Technical data of the User’s device on which the GAPP is run is processed, including e.g. battery level, network status, etc.
VIAMIGO can process the below Personal data of prospective Users and Coaches:
- Contact information provided to us by existing Users or Coaches: email address.
VIAMIGO can process the below Personal data of User administrators:
- Identification data provided to us by the User administrators: name, email address, signature.
If information is supplied by the person involved through a form, then the fields indicated with an asterisk (*) are strictly necessary for the purposes for which they are processed. If these are left blank, the received form will not be processed. The other fields may be filled in to facilitate the provision of services of VIAMIGO. If these are left blank, there will be no repercussions.
4. To which ends
VIAMIGO collects Personal data and processes these for one or more of the below ends:
| Ends | Legal ground |
| The execution and provision of the Services of Viamigo (as described in the Terms of Use), including monitoring of the Users; | Permission User (whether or not through his administrator) |
| Management of request for information; | Execution agreement |
| Statistical research and scientific research; | Justifiable interest [1] |
| Improving the operation of Viamigo, the Website, the GAPP and the CAPP; | Justifiable interest [2] |
| Send request for permission newsletter/marketing; | Justifiable interest [3] |
| Sending newsletter/marketing; | Permission |
| Keeping track of permissions of User administrators; | Legal obligation |
| Account administration; | Execution agreement |
| To supply all other services you requested; | Execution agreement |
| Compliance with the current legislation. | Legal obligation |
In case VIAMIGO wishes to use personal data for an incompatible new end, VIAMIGO will request your permission prior to this new use.
5. Transferring personal data
VIAMIGO will only process personal data for internal use for the above-mentioned ends. We do not rent or sell your Personal data to third parties to use for their own ends.
Within VIAMIGO, personal data is only made available to its staff on a ‘need to know’ basis.
VIAMIGO can make use of processors to process your Personal data. Processors are natural or legal persons, authorities, agencies or other bodies who process Personal data in name of VIAMIGO.
VIAMIGO passes on the Personal data to the following (categories of) processors:
- Processors who do statistical research and analyses;
- Processors who host this Website and related databases;
- Google Inc., for Google Analytics through Google Analytics cookies.
VIAMIGO passes on the Personal data to the following categories of (collective) parties responsible for processing:
- The Coaches who monitor the Users;
- Institutes for scientific research;
- The Organisations or Coaches who enter and update Personal data for the account administration;
With regard to offering the services, VIAMIGO and the Coaches who monitor users in the framework of their professional activities, are collectively considered to be responsible for processing data, as they have the same processing ends, i.e. monitoring the Users. The mutual relationship between VIAMIGO and the Coach as collective parties, responsible for processing is laid down in a separate agreement. In this agreement the following is stipulated:
- The professional Coach is the first point of contact for the User;
- Except for the right to rectify, which will in first instance be carried out by the professional Coach, VIAMIGO gives the User the opportunity to exercise his/her rights;
Personal data can be processed outside the European Economic Area, VIAMIGO will ensure fitting security measures will be taken. Upon written request, the concerned parties can obtain a copy of the measures taken.
VIAMIGO can alter its company structure by changing the legal form, by merging, taking over other companies and by selling. In such transactions, Personal data is passed on in conformity with this Privacy Policy and de corresponding legislation with regard to data protection.
Anonymous data can be passed on at all times, whether or not for commercial purposes.
6. Duration of data storage
The Personal data is stored by VIAMIGO for the below periods.
| Data | Duration |
| Data website visit | Unlimited |
| Account data | Duration of the agreement |
| Route data | 10 years |
| Real-time location data | 10 years |
| Contact information prospective Users/Coaches | Until request for permission is sent |
| Identification data administrators | Unlimited |
7. Confidentiality and security
VIAMIGO ensures the Website meets regulations and security measures to safeguard personal data.
VIAMIGO will:
- to the best of its abilities keep the data up-to-date and to rectify or delete incorrect, incomplete or irrelevant data;
- ensure that the people who act under its authority, only have access to the data and have processing abilities to the degree that is required to carry out their duties or that is necessary for the needs of the service;
- inform all people who act under its authority about the provisions of the Law of 8 December 1992 and its implementing orders, as well as about all relevant regulations with regard to the protection of privacy that are applicable when processing personal data;
- ascertain whether programs used for the automatic processing of personal data are in accordance with the guidelines of the Commission for the protection of privacy and that they are not used unlawfully;
- see to it that anyone who acts under the authority of the processing responsible, as well as the processing person himself or herself, who has access to personal data, processes this data only as commissioned by the processing responsible, except for an obligation imposed by law, decree or ordinance; and
- do its utmost to safeguard the security of the personal data, and will ask its partners and subcontractors to take suitable technical and organisational measures that are necessary to protect the personal data against accidental or improper destruction, accidental loss, as well as against the change of or access to, and any other unlawful processing of personal data. These measures should ascertain a suitable security level, taking into account the current technological state of practice, the costs for applying the measures, the nature of the data to be protected and the potential risks.
If processing is entrusted to a processor VIAMIGO will:
- choose a processor who offers sufficient guarantees regarding the measures for technical security and organisation of processing of the data;
- see to it that these measures are adhered to, specifically by stipulating contractual provisions;
- lay down the liability of the processor with regard to the processing responsible in the agreement;
- agree with the processor that he/she only acts by instruction of the processing responsible and that he/she has the same legal obligations as the processing responsible; and
- lay down the requirements with regard to data protection and security measures in the agreement.
8. Access to your personal data
a) Right of access to your personal data
According to the Law of 8 December 1992 you have the right to access the personal data that applies to you. For this, you can contact VIAMIGO, Moverkensstraat 53, B-3520 Zonhoven, by sending a dated and signed request, attaching a copy of your identity card or you can also contact VIAMIGO via the email address info@viamigo.be and ensure your email bears an electronic signature.
Immediately and at the latest 45 days after receipt of such a request, VIAMIGO will provide you with the requested information.
b) Right to rectification of your personal data
According to the Law of 8 December 1992 you also have the right of a free rectification of the personal data that apply to you and that are incorrect. For this, you can contact VIAMIGO, Moverkensstraat 53, B-3520 Zonhoven, by sending a dated and signed request, attaching a copy of your identity card or you can also contact VIAMIGO via the email address info@viamigo.be and ensure your email bears an electronic signature.
Within 1 month after the submission of your request you will be informed about the corrections that were made.
c) Right to object to the processing of your personal data
According to Law of 8 December 1992 you also have the right to object to the processing of your personal data for direct marketing purposes. This can be done for free and without motivation by contacting VIAMIGO, Moverkensstraat 53, B-3520 Zonhoven, sending a dated and signed request, attaching a copy of your identity card or you can also contact VIAMIGO via the email address info@viamigo.be and ensure your email bears an electronic signature.
Within 1 month after the submission of your request you will be informed of how your request was acted upon.
9. Changes to our Privacy Policy
VIAMIGO reserves the right to change this Privacy Policy at all times.
This Privacy Policy was last updated on 1 August 2018.
10. Miscellaneous
In case one or more clauses of this Privacy Policy is nullified or declared non-binding by authority of the court, this has no impact on the validity of the other clauses or on the validity of the whole of the Privacy Policy. If VIAMIGO wishes to change or replace the concerned clause(s), the changed or new clause is to be in line with the nullified or non-binding clause(s) as much as possible.
Refraining from demanding a strict observance of the stipulations of this Privacy Policy by VIAMIGO will not be interpreted as a renouncement or rejection of the Privacy Policy.
11. Applicable law
Any dispute or claim with regard to the processing of personal data and the Privacy Policy or any specification mentioned therein, is subject to Belgian law and is subject to the exclusive jurisdiction of the courts of Hasselt (Belgium).
12. Contact
If you still have questions or remarks with regard to the Policy to protect privacy or the Cookies policy after reading this Privacy Policy, you can contact the contact person at the address Moverkensstraat 53, B-3520 Zonhoven, or via the email address info@viamigo.be.
For additional general information regarding the protection of Personal data you can address the Commission for the protection of privacy located at 1000 Brussel, Drukpersstraat 35, tel: 02/274.48.00 or via email commission@privacycommission.be (www.privacycommission.be).
[1] VIAMIGO is a spin-off of Hasselt University and as such the activities of the Viamigo services are based on fundamental scientific research. It is important to be able to continue this research to support the further development and refinement of Viamigo for the benefit of the users. Additionally, VIAMIGO takes measures to safeguard the rights of the people involved, such as data pseudonymisation and data aggregation.
[2] Improvement is necessary in the interest of VIAMIGO. Improving the operations of Viamigo is also to the advantage of the people involved, there is no negative impact on the rights and interest of the users.
[3] It is in the interest of VIAMIGO to be able to offer its services to as many people as possible. VIAMIGO takes the necessary precautions to ensure the interests of the people involved are safeguarded. For this reason, a preliminary email is sent to request permission for the further processing of the data for marketing purposes, as is also required by the FPS Economy in its brochure ‘De « spamming » in 24 vragen & antwoorden’.