PRIVACY POLICY

At happhy, we take the protection of your personal data very seriously. We ensure compliance with applicable laws and regulations, including the rules of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC ('GDPR').

In what follows, we clarify what personal data we collect, why we use it and what your rights in this regard are.

1. Who is the controller?

ClijstersConcept BV, with its registered office at 3500 Hasselt, Lazarijstraat 150, Belgium, and with enterprise number 0695.731.510 (happhy) is the data controller.

If you wish to contact us, please use the following contact details:

If you contact us to exercise any of the rights mentioned under point 9, we kindly request you to clearly specify precisely which right you wish to exercise. Please be as specific as possible in this context so that we can assist you efficiently. Happhy is not a controller in connection with data that users themselves choose to share with other users (e.g. via mutual messages on the digital platform). This is not part of the current policy.

2. Processing of personal data

'Personal data' refers to any information about an identified or identifiable natural person (the 'data subject'). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, identification number, location data, an online identifier or to one or more elements characterising the physical, physiological, genetical, psychological, economical, cultural or social identity of that natural person. In other words, it is any information on the basis of which a person can be identified. This includes, for example, your surname, first name, date of birth, phone number and e-mail address, as well as your IP address. When we 'process' personal data, it means that we collect, store, use, organise, retain, update, modify, retrieve, consult, use, spread, combine, archive, transfer or delete such data in the broadest sense referred to in the GDPR. Happhy collects and processes your personal data only in the following cases:

1. if you install the happhy app;
2. if you visit the happhy website without being a member;
3. if you contact us;
4. if you take out a free or paid subscription with happhy and thus create a profile.

Data processing via App-Stores: When installing the happhy app via an app store such as Google or Apple, you may have to conclude a user agreement with this app store provider. In such case, happhy shall have no influence on the processing of personal data for the use of the store or the installation of the app. Here, the app store shall be the controller. If necessary, you may directly contact the app store provider of the relevant app platform with regard to data processing. In such case, happhy shall not be responsible until the effective use of the happhy app.

3. What personal data provided by our users do we process?

To provide our services, it is necessary to process the personal data described below, provided by the user, as part of the registration process or the conclusion of a happhy membership, among other things. Depending on which membership one opts for, more, or less personal data will be processed. Additional data about the company shall be requested for the happhy Pro formula.

3.1. happhy Member, happhy Premium & happhy Pro

When joining as a happhy Member (free) or happhy Premium (paid), users may be requested to provide certain minimum information, without which registration cannot be completed. This data includes:

• a photo;
• a brief description of the user;
• surname;
• first name;
• date of birth;
• country;
• province;
• gender;
• interests;
• objectives.

3.2. General

All data from the happhy profile may be visible on the app to other logged-in users. If the happhy Premium or happhy Pro membership is ordered through an app store provider (e.g. Google or Apple) as a third party, the terms of use of these app store providers also specify which personal data they process during the ordering process. In this regard, happhy itself does not process payment and billing data. Please refer to the third-party payment service provider for more information on the processing of such personal data.

4. What personal data do we collect when you use the website?

Apart from the personal identification data listed above, the following identification data on the use of visitors to the website may be transmitted by the Internet browser and stored in ‘log files’, each time the happhy website is used. It concerns the following data:

• Information about the user's browser type and ISP, as well as the operating system used;
• IP address of the computer, tablet or smartphone used;
• Name of the requested page;
• Date and time of visit;
• The origin URL from which the user came to the requested page;
• Amount of data sent;
• Status message on the success of the retrieval;
• Session identification number;
• Username on the happhy platform;
• Display resolution used.

5. What information does happhy collect when you use happhy's app?

Every time the app is opened on the user's device, happhy automatically collects data and information about the operating system of the device being used. Usage data of the respective app visitor is processed and stored every time the happhy app is used. This data includes:

• The operating system used and, if necessary, the browser type;
• Current smartphone language settings;
• Information about the user's internet service provider;
• IP address;
• Device ID;
• User ID on the happhy platform;
• Name of the requested page and, if applicable, the referring page;
• Date and time of visit;
• Amount of data sent;
• Status message on the success of the retrieval.

6. On what legal grounds and for what purposes do we process your personal data?

Happhy processes personal data for the purposes listed below based on the following legal grounds:

6.1. Implementing the agreement

The purpose of the processing activity on this ground consists in:

• Creating a profile;
• Proper performance of the agreement;
• Providing access to functionalities and completing registration;
• Complaint handling;
• Collecting payment or billing data.

6.2. Consent

Users' consent is used as the legal ground to engage in direct marketing. Specifically, this allows happhy to inform its users via e-mail about news, tips, advice, offers, promotions and events.

6.3. Legitimate interest of happhy

The purpose of the processing activity on this ground consists in:

• Improving our services, including improving the database;
• Preventing the abuse or improper use of our services;
• Retaining personal data as evidence or for bringing legal action;
• Retaining personal data in case of a complaint.

The processing of personal data for these purposes is founded on the legitimate interest of happhy (only and when the legitimate interest of our company outweighs the interest of the data subjects).

6.4. A legal obligation that rests on happhy

If necessary, happhy processes identification and contact data on this ground to comply with legal, administrative and regulatory obligations (e.g. under anti-money laundering and counter-terrorism legislation).

7. With whom do we share personal data?

We only provide relevant aspects of personal data to third parties if such parties are contractually linked to happhy or act on happhy's instructions, or are subcontractors of happhy. We have of course made agreements with these parties regarding the protection of your personal data. In such transfers of personal data, happhy respects the GDPR's basic principles of proportionality, transparency and lawfulness of the processing activity.

We also do not provide personal data to companies outside the European Economic Area, except in cases of adequacy decision, appropriate safeguards, binding corporate rules or transfers referred to in Section 49(1) of the GDPR. In the legally defined cases, we do have an obligation to communicate certain personal data to the specific bodies. Access to these data is limited to employees who need to access certain personal data for functional reasons, who are obliged to respect the confidentiality of these data.

8. How long do we retain personal data?

We retain personal data only for as long as it is necessary to fulfil the purposes set out above. Since the retention period depends on the purpose and type of personal data, the retention periods vary.

• Personal data for the purposes listed under 6.1 shall be retained for the period your account is registered and as long as necessary for the performance of the agreement;
• Personal data for the purposes listed under 6.2 shall be retained as long as happhy has your consent and for up to two years after your account was registered;
• Personal data for the purposes listed under 6.3 shall be retained as long as necessary for the provision of services. Specifically, this includes the following:
  • for website use: during your website visit;
  • for the purposes of legal defence: while proceedings or negotiations are ongoing for evidentiary reasons;
  • for complaint handling: as long as necessary to deal with your complaint.
• Personal data for the purposes listed under 6.4 shall be retained for as long as imposed by the legal provision containing the obligation.

9. What are your rights?

You have numerous rights as against happhy regarding the processing of your personal data under Sections 15 to 22 of the GDPR. We have listed these out for you below.

9.1. Right of access, rectification or erasure

A) Access

You have the right to access your personal data. If you so request, we will provide you with a copy of the personal data processed.

B) Rectification

You have the right to have incorrect or incomplete personal data rectified.

C) Erasure

You have the right to request happhy to delete your data in the cases specified in Section 17(1) of the GDPR, such as if you revoke your consent or if you object to processing for direct marketing. In such case, happhy shall delete your data without delay, unless Section 17(3) of the GDPR applies. Among other things, happhy will not have to delete your personal data if this is required for the purposes of complying with a legal obligation.

9.2. Right to restrict a processing that relates to you

You have the right to have the processing restricted in the cases specified in Section 18(1) of the GDPR. For example, if the accuracy of personal data is disputed.

9.3. Right to data portability

You have the right to retrieve the personal data you have yourself provided to happhy or to have it transferred to another company.

9.4. Right to revoke consent

You have the right to revoke your consent at any time.

The revocation of your consent shall not affect the lawfulness of the processing based on the consent prior to its withdrawal.

9.5. Right to lodge a complaint with a supervisory authority

If you do not agree with happhy's position, if you have a comment concerning the exercise of your rights, or if you believe that the processing of your personal data is not in accordance with the legislation, including the GDPR, you can lodge a complaint with the supervisory authority for this purpose.

Website:Startpage citizen | Data Protection Authority

Contact details: Data Protection Authority Drukpersstraat 35, 1000 Brussels Tel.: +32 (0)2 274 48 00 e-mail: contact@apd-gba.be

9.6. Right to object to processing

You always have the right to object to the processing. Practically, you can do this by contacting happhy using the contact details above.

We may of course still contact you if necessary in connection with the performance of the agreement. Moreover, you also always have the right to object to processing that is based on Section 6(1)(e) or (f) of the GDPR.

10. Cookies

happhy also uses cookies on its website and in its app. Cookies are small pieces of information that are stored on your computer by the browser and allow us to record certain information about the website user (e.g. choice of language, duration of your visit on the website, etc.). This data helps us to better tailor the website to your needs, preferences and ease of use.

More information about these cookies can be found in ourcookie policy.

11. Do you still have questions?

If so, you may always contact us by phone, e-mail or letter using the contact details provided at the start of this privacy policy. We would be happy to reply to your questions.

12. Amendments

We may amend this privacy policy from time to time in order to accommodate feedback or reflect changes in our processing operations. We therefore invite you to always consult the latest version of this policy on our website.