Pukkelpop 2024 - Privacy Statement

The Factory

Privacy Statement Pukkelpop App

We – THE FACTORY (hereinafter: “we”, “us”, “our”) – provide you, the user of our Pukkelpop mobile application (“PKP App”) with this Privacy Statement to inform you about how we process your personal data when you use the PKP App as well as your rights related to such processing. If you want more information on how we process personal data for other purposes, you are kindly referred to our general privacy policy that is available on our website.

The PKP App may contain links to websites, services, or applications of others – such as Spotify. This Privacy Statement does not apply to websites, services, or applications that are not controlled by us, even if they are accessible through our application. We advise to consult their respective privacy policies to learn more about how they process your personal data.

We may modify this Privacy Statement at any time. To see when this Privacy Statement was last updated, please refer to the “Last Updated” date indicated at the bottom of this page. Any changes made to this Privacy Statement will take effect when we make the updated version available on the PKP App.

If you have any questions about this Privacy Statement, please contact us by email at privacy@pukkelpop.be.

Controller
1. The controller responsible for the processing of your personal data is THE FACTORY, a limited company (“besloten vennootschap”/“société à responsabilité limitée”) under Belgian law, with registered office at Diestersteenweg 152, 3970 Leopoldsburg, Belgium, and registered with the Crossroads Bank for Enterprises under company number 0434.153.588. You can contact us as indicated in section ‎6.10 below.
Processing of your personal data
1. Usage
  1. When you download the PKP App, a unique identifier will be generated and stored on your device, allowing you to transfer the PKP App to another device based on a back-up or migration procedure. This unique identifier will be stored on your device for as long as the PKP App remains on your device. In case you remove the PKP App, a new unique identifier will be generated and stored on your device when you download the PKP App again.
  2. In order to correctly provide the PKP App, which is the service that you request when downloading the PKP App, the following technical information will be processed: the unique identifier referred to in section 2.1.1. above, type of platform (iOS/Android), version of the operating system, version of the PKP App, language, and permissions for Bluetooth and location data. Processing such information is strictly necessary for providing you with the requested service of PKP-related content and functionalities.
  3. When you access the PKP App for the first time, you will be asked to acknowledge and confirm that you understand that personal data will be processed as described in this Privacy Statement. This request, with specific reference to this Privacy Statement, is based on our legitimate interest to underscore the importance of fair and transparent data processing.
  4. The PKP App also allows you to provide us with your name, surname and email address, which will allow us, as our legitimate interest, to provide you with a more personalize app experience. You can use the PKP App without providing this information, and it can be provided, modified and removed both at the time of first use, and at any moment via the “Settings” section in the “More” tab on the PKP App.
  5. When you provide us with your email address, you can choose to receive direct marketing communications from us. By checking the box in the “Complete your profile” section of the PKP App, you provide your consent for such purpose. You can withdraw your consent at any moment via the “Settings” section in the “More” tab on the PKP App.
  6. When you use the PKP App, we create a profile based on our legitimate interest to better understand the preferences of our PKP community in general, and the users of our PKP App more specifically, which allows us to continuously improve. Profiles are created based on the unique identifier referred to in section 2.1.1. above, and will only include your name, surname and email address if you have chosen to provide such information.
  7. You can choose to grant additional permissions, e.g., to send you in-app notifications. If you choose to provide your consent to send such notifications, such processing will become part of the requested service.
  8. We process technical information associated with your device and browsing behavior to perform statistical analyses, such as calculating service usage levels, diagnosing server problems, and administering the PKP App, to improve the PKP App and ensure its proper functioning.
  9. Additionally, we may process your personal data to preserve our legitimate interests or the legitimate interests of our partners or others if and when your use of the PKP App or more in general, your interactions with us, can be considered a violation of any applicable terms of use or any right of us or others, a threat to the security or integrity of the PKP App, a danger to the PKP App’s underlying systems, or as inappropriate or illegal behavior. For the processing of your personal data for this purpose, we rely on our legitimate interest of keeping our assets and business, including the PKP App, safe from misuse and illegal activity and to enforce our policies.
2. Other purposes
  1. In addition to the processing of your personal data for the purposes set out above, we may process all of your personal data for purposes (such as compliance purposes) as described in our general privacy policy that is available on our website.
Sources of your personal data
1. We obtain all information mentioned above directly from you.
Recipients of your personal data and data transfers
1. We only share personal data with others if it is legally required or if there is another legal basis for doing so.
2. Your personal data is processed by third-party processors that operate on our behalf. We use a processor to deliver the PKP App services. We carefully select our processors and contractually require them to maintain the safety and integrity of your personal data. Our processors are only authorized to process your personal data according to our explicit written instructions.
3. Moreover, we collaborate with others that assist us in delivering and improving our services. For instance, we utilize a third-party service – Google Analytics for Firebase – to follow certain of your actions on the PKP App in order to better understand how the PKP App is used and to support our marketing campaigns. If you require more information about the personal data Google processes about you and makes available to others, you are kindly requested to consult Google’s applicable privacy policies.
4. We do not transfer personal data outside the European Economic Area.
What we do to protect your personal data
1. We do our utmost to process only that personal data that is necessary to achieve the purposes listed under section 2.
2. The personal data you provide us will only be processed for as long as necessary to achieve the purposes stated in section 2 above, as required by applicable laws, or, if processing is based on your consent, up until such time you withdraw consent for processing. When deciding on the appropriate retention period, we take into account the purposes for which we process the personal data, the categories of personal data involved, the potential risks associated with a data breach, and any legal obligations (such as accounting obligations) that may require us to retain the data. We will de-identify your personal data when they are no longer necessary for the purposes outlined in section 2, unless there is an overriding interest of us or others in keeping your personal data identifiable, or if there is a legal or regulatory obligation or a judicial or administrative order that prevents us from de-identifying them.
3. We want you to feel confident about using the PKP App and interacting with us, so we make our best effort to ensure that any personal data we collect is safely kept. We take technical and organizational measures to keep your personal data safe from unauthorized access or theft as well as accidental loss, tampering or destruction. Access by our staff, partners and third-party processors is only on a need-to-know basis and subject to strict confidentiality obligations. You understand, however, that safety and security are best efforts obligations only which can never be guaranteed.
Your rights as a data subject
1. You have the right to request access to your personal data that we process.
2. You can change your personal data in the “Complete profile” button, available via the “Settings” section in the “More” tab on the PKP App . You also have the right to obtain the rectification of any inaccurate personal data about you. Your rectification request must be supported by evidence of the inaccuracies in the data you are seeking to have corrected.
3. Where we process your personal data based on your consent, you have the right to withdraw such consent at any time.
4. Under the conditions foreseen in the applicable data protection legislation, you have the right to obtain the erasure of your personal data.
5. Under the conditions foreseen in the applicable data protection legislation, you have the right to obtain the restriction of processing of your personal data.
6. If you receive our marketing communications, you can change your preferences for receiving such communications by clicking the “unsubscribe” link provided in our communications or object to direct marketing, including profiling to the extent that it is related to such direct marketing, by sending us an email at privacy@pukkelpop.be.
7. Where we process your personal data based on our legitimate interests, you have the right to object to the processing of your personal data on grounds relating to your particular situation. However, you can always object to processing for direct marketing at any time without any charge or justification.
8. If we process your personal data with your consent or to fulfill a contract and the processing is carried out by automated means, you have the right to receive the personal data you provided to us in a structured, commonly used, and machine-readable format and to transfer this information to another controller.
9. We do not use automated decision-making processes that have a legal or similarly significant effect on you.
10. To exercise any of the rights mentioned above, you can send a request via email to privacy@pukkelpop.be. Please state clearly which right you wish to exercise and provide reasons or proof to support your request if required. We will acknowledge receipt of your request and proceed to review it. If your request is valid, we will honor it as soon as possible. In case we have doubts about your identity, we may request additional information to verify it.

If you are not satisfied with how we handle your personal data, please inform us by sending an email to privacy@pukkelpop.be. You also have the right to lodge a complaint with a supervisory authority.

Last Updated: 26 June 2024