This statement regarding the protection of data is applicable to the on-line platform www.By-VP.com (“Website”) and all web shops supported by BY VP B.V.
We take your privacy very seriously. We will not sell or let your personal data. All data will be collected, stored, and processed by us in accordance with the legal requirements and will not be transmitted to third parties, unless we are legally obliged to do so or it is required for the provision of our services, or unless you have expressly granted permission for the transmission of your data.
The services we provide through the website and/or app (in the following jointly referred to as “Platform”) can only function if we collect, store, transpose, remove and/or otherwise use specific data (“Process” or “Processing”). Personal data comprises all information regarding an identified or identifiable natural person (“Data”), such as your name, date of birth, address, or e-mail address.
This statement regarding data protection describes what Data we collect from you and with what purpose we Process it when you make use of the services we offer on the Platform. This statement regarding data protection also contains important information regarding the protection of your Data, especially the legal rights you have regarding it.
This statement regarding data protection is a supplement to the general Conditions of Use (“CoU”) which are the basis of your contract with By VP for the use of the Platform (“Usage Contract”). In case of discrepancies between the CoU and this statement regarding data protection, the provisions of the latter are applicable.
2. What data do we Process from you?
2.1 Connection with Website and App
When you connect with the Website or App, we Process the following data (logfiles), even if you do not have a By VP account or have not logged in on the BY VP app or BY VP Website:
– the IP-address of your device.
– the browser that your device uses.
– the content and URLS that you connect with.
– the date and time of your connections.
In case of access through mobile devices, the following logfiles are also recorded as a part of your usage of the By VP App:
– type and manufacturer of your mobile device.
– the operating system that your mobile device uses (iOS, Android).
Without your explicit consent, we will never use the personal data as specified in this section, especially the IP-address, unless the use thereof is necessary (i) for the delivery of our services and/or (ii) for security purposes, especially the prevention of cyberattacks, such as data scraping and denial-of-service attacks and to prevent inadmissible multiple applications.
2.2 User Account
To be able to use our platform and especially to be able to carry out commercial transactions through the Platform, to be able to use the electronic payment system or to be able to leave reviews and reactions with other brands, you require a BY VP account. For this purpose, you must register as a member on the Website or App. If you have a Facebook or Google account, you can also register through one of these accounts.
(a) Register through your Facebook or Google account
If you register through your Facebook or Google account, you will relocate from our Website or App to the website of Facebook or Google, where you will be asked to enter your login data for your Facebook or Google account. When you enter your login data for Google, BY VP receives from Google the following information from your Google account:
– Profile picture
– First name
– Last name
– E-mail address
As soon as you have entered your login data for Facebook and you find yourself on the Facebook website, you can indicate whether you, besides your
– Public profile (specific username, gender, profile picture) want to provide more of your Facebook data to us such as
– your list with friends and/or
– e-mail address.
N.B.: if you retain your standard settings, then all data indicated above will be selected. When you click on the button “Continue as” then you agree that the selected Facebook data is transferred to BY VP.
The data we obtain from Facebook or Google will be used to create your BY VP account. This means that we will use the username of your Facebook or Google account as the username for your BY VP account so that it is visible to the other visitors of the Website and users of the App. If we obtain access to your list of friends from Facebook, we will use it in your profile to show different brands how many friends you have on Facebook and thereby generate more confidence in transactions with you. Other Data obtained from Facebook or Google will not be visible on the Platform.
You can undo the link with your Facebook or Google account any time you want. You do so through “My setting” on your BY VP account. In case you registered without linking to your Facebook or Google account, you can still do so later.
(b) Register without Facebook or Google account
If you do not want to register through a Facebook or Google account, you will be asked to enter the following data on our Website or App:
– E-mail address
– Confirmation that you are older than 18 or you have permission from a parent or custodian
Your username is visible to all users of the BY VP platform and all users of the App. Other information you provide as a part of the registration process will not be visible. Your username can be a pseudonym and does not have to be the same as your real name.
2.3 Completion of your profile
After registration, you can add facultative information to your profile. Go to “My settings” in your account.
(a) Profile information
You can add the following information under “Profile information”:
– First and last name
– Date of birth
Under “Payments”, you can provide the information for the bank account (name of the account holder and IBAN) on which your payout must be made of the margin on the items you sell to buyers on the Platform. You can store this information under “Payments”. If you do not do so, BY VP is unable to carry out payouts.
2.4 Use of Platform for transactions
We will store and Process Data about your transactions on the platform (e.g. item, price, time of transaction, etc.). You can see his data in the transaction overview of your account. If you buy items on our Platform, we collect additional Data by way of our accepted payment methods, location, reactions to items, etc. This data is only visible to visitors of the Website and users of the App.
3. Provision of our services
We process your Data to be able to implement the user agreement, to provide the services you use on our Platform,
and to facilitate the sale of items by you.
– to facilitate the electronic processing of payments for goods that are bought and sold on the Platform.
– to send messages to you that are necessary for the provision of our services.
– to offer an overview of your transactions on the Platform (transaction history).
– to be able to provide our services without technical malfunctions and to be able to recognize and resolve any possible errors.
3.1 Legal rights, improvement of our Platform, prevention and detection of inadmissible activities, system security
We will process your Data as well to defend the following legitimate interests of By VP and/or possible third parties:
– Resolution of disputes, enforcement of our CoU and the enforcement and exercise of our rights.
– Analysis and evaluation of usage of our Platform with the purpose of the continued improvement of our products and services.
– Prevention, detection, and persecution of unlawful activities, especially fraud.
– For security purposes.
– To be able to show you a current version of our Platform.
– To guarantee the security of the Platform, the protection of the Data we keep and the detection of cyberattacks and other threats to the integrity of the Platform.
3.2 Creation of anonymous user profiles
BY VP uses the Data that was collected during registration (see above under 2.2) and during creation of the profile (see 2.3), the Data about your forum activity (see 2.6), your logfiles (see 2.1) and your user data as collected through cookies (see below under 8) to create an anonymous user profile (“User profile”).
Unless permission was granted for this, BY VP will under no circumstance use this User profile in a manner that enables making a connection between this profile and a specific person. This means that BY VP will not be able to determine the identity of the member. BY VP guarantees besides that user profiles without permission will not be combined with other personal data of users, for any technical, personal, or administrative purpose whatsoever.
BY VP creates and uses User profiles for the benefit of the following legitimate interests:
3.3 E-mail newsletter and other marketing mails
You can register for our newsletter and for other marketing e-mails (“Marketing E- mails”). When you register, we ask you for permission to Process your e-mail address with the purpose of sending you Marketing E-mails containing the most recent information about our products and services, especially regarding goods that are available on the Platform, special offers and marketing campaigns. You only receive Marketing e-mails if you have given permission for this.
Your permission for the sending of Marketing E-mails can be withdrawn by you at any time you wish. You can modify your settings in your BY VP account to block the forwarding of any possible future Marketing E-mails. You can also click on “Unsubscribe” at the end of the Marketing E-mail. The withdrawal of permission does not affect the legitimacy of the Processing conducted prior to the withdrawal of the permission.
3.4 Account verification for security purposes
In case of abuse, our service provider will send you an automatic security message with the request to give us your phone number, so that your account can be controlled. You will receive a code by way of a text message sent to the phone number you submitted. You cannot use the App anymore until you have entered the code. Until such time, the Platform will be blocked for you. Your phone number is not visible to users of the Platform and is not used for any other purpose and especially not for marketing purposes.
3.5 Contacting you regarding opportunities
We can contact you by e-mail or an inbox message to propose you to share your content on our social media profiles or to participate in our marketing campaigns. The purpose thereof is not increase publicity for you and BY VP or to offer you options for earnings, which is a legitimate interest pursuant to Article 6(1) (f) of the General Data Protection Regulation of the EU.
4. On-line security
Access to your account is protected by a password that you set. Do not give this password to anyone. As soon as you no longer want to use BY VP, do not forget to log out with the aid of the Logout button, especially if you are using a public computer. N.B. The transfer of data through the Internet (for example by e-mail) is not always fully secure and the prevention of access by third parties cannot be guaranteed.
We take all necessary technical and administrative security measures to protect your Data against unauthorized loss and access as well as against unauthorized modification, provision, or removal. Access to your Data is restricted to the persons who need it for the purpose as described in this statement regarding data protection. Those persons must observe the applicable legislation regarding data protection.
5. Contract processing
BY VP can appoint external service providers to provide specific services. These service providers will carry out data processing procedures on our behalf and commissioned by us (contract processors). BY VP will select contract processors with care and in accordance with applicable legislation regarding data protection. In addition, BY VP will make sure that Processing is carried out in accordance with the provisions of a possible written contract and with the legal regulations in the field of data processing.
The procedures carried out on our behalf comprise:
– delivery of the technical infrastructure for the Platform and the delivery of the server space.
– on-line and usage analysis.
– account verification.
– customer service and processing of questions.
– payment processing and escrow.
– trust in and the security of the Platform (e.g., prevention of fraud and intimidation).
The contract processors we have appointed have, under certain circumstances, access to your personal Data, but exclusively for the purpose of the data processing requested. Contract processors are also contractually obliged to make sure that their level of data protection is at least equal to ours. All Data processed on our behalf remain under our control. We constantly control compliance with our instructions, with guaranteed data protection levels and with contractual agreements we conclude with the data processor.
A number of these service providers might be in countries outside the EU/EEA, whose data protection levels are considered insufficient within the EU/EEA. We have nevertheless concluded appropriate agreements with these service providers (or other guarantees have been provided) that make sure that all necessary measures are taken to protect your data in accordance with the applicable conditions. If you have questions about our service providers, please contact the Helpdesk on our Platform. If your question is not answered there, please contact us by e-mail, at [email protected]. Upon request we always provide at least a complete list with the names and addresses of our service providers and possible additional information about the guarantees we have established (or, where applicable, a copy of this information by e-mail).
6. Provision of your Data to third parties
BY VP is legally obliged to provide personal data and/or User data to law enforcement, criminal prosecution, or monitoring authorities if and to the extent necessary to avoid risks for the public and for the prosecution of criminal acts.
In all other cases your Data will only be transmitted to third parties if you have given permission or have granted access to your Data to third parties yourself
(this does not apply in case of third parties we have appointed as contract processors, see 5 above).
7.1 Obligatory cookies
Cookies are tiny text files that our Platform wants to place on your computer or other on-line devices, such as tablets or smartphones. Assuming that your browser settings accept cookies, your browser adds the text in the form of a tiny file. Unless stated otherwise elsewhere in this statement regarding data protection, the cookies we use are necessary for the functionality and the performance of our Platform. This comprises cookies that enable you to register for the protected parts of our Platform, to purchase an item, or to use the on-line payment system. Most cookies are removed from your device at the end of your browser session (session cookies). Most other cookies will automatically be removed after a period of 30 days. The information stored in the obligatory cookies will exclusively be used by us to provide the requested services and functions.
7.2 Permission for cookies
In case you access our Platform, we will ask you for permission to place additional cookies on your device, by showing you a cookie banner and asking for your permission. These cookies are not strictly necessary for the functioning and performance of our platform, but they help us:
– recognize how many visitors come to our Platform and how they behave when they are here. This helps us to improve the functionality of our Platform, e.g., make sure that users can find what they are looking for (analytic/performance cookies) and by helping us
– recognize you when you visit our Platform again. This enables us to personalize our content, to greet you with your name and to save your preferences (functional cookies) and
– record your visit to our Platform, as well as which pages you visit, and on which pages you click. We will use this information to better calibrate our Platform as well as the advertisements we show based on your preferences. If you have given us permission to send you Marketing E- mails (see 3.4 below), then we will also use this information to send you personalized Marketing E-mails (targeted cookies).
7.3 Managing your cookie settings
7.4 Use of Google Analytics
This website uses Google Analytics, a web-analysis service of Google Inc. (“Google”). Google Analytics uses “cookies” (text files) that are stored on your computer and that make sure that your use of the Website can be analyzed. The information that is generated by the cookies regarding your use of the website is generally transferred to and stored on a Google server in the United States. On our Platform, we have activated IPanonymisation so that, within EU member states or other states that have signed the Agreement regarding the European Economic Area, your IP-address will be abbreviated by Google beforehand. Only in exceptional cases, the entire IP-address will be transferred to a Google Server in the United States and stored there. Google will use this information on behalf of BY VP to evaluate your use of the Website, to generate reports about website activity and provide BY VP with additional services regarding the Website and on-line use. The IP-address transferred from your browser as a part of the activity of Google Analytics will not be linked to other data that Google retains. You can prevent cookies being stored on your computer by adjusting your browser settings, however, if you do so, certain functions of the Website may be limited. You can also prevent that Google registers the data that are generated and that are based on your Website use (including your IP-address) and that this data are Processed by Google, by downloading and installing the browser plug-in through: http://tools.google.com/dlpage/gaoptout?hl=nl
If you visit our Website by way of a browser for which the browser plug-in cannot be installed, then you can also prevent the registration of data by Google Analytics by clicking here. It procures an opt-out cookie that prevents that data is registered in the future when you visit this Website. N.B.: if you remove all cookies that have been placed on your browser, then this opt-out cookie is removed as well.
For a summary of the data protection rules of Google, click here.
7.5 Use of Google AdSense
This Website uses Google AdSense, an on-line advertising service of Google. Google AdSense uses “cookies” (text files), that are stored on your computer and that make sure that your use of the Website can be analyzed. Google AdSense uses “web beacons” (tiny invisible pictures) to collect information. Web beacons make sure that simple actions, such as visitor traffic on the Website can be registered and collected. Information that is generated by the cookie and/or the web beacon with regard to the use of this Website (including your IP-address) will be transferred to and stored on a Google server in the United States. Google uses this information to evaluate your use of the Website with regard to advertising shown on the Website, to produce reports for the operator of the Website regarding Website activity and advertising and to provide more services regarding the Website and Internet use. Google can also provide this information to third parties to the extent legally mandatory or in case the third parties concerned process such data on behalf of Google. Google will never combine your IP-address with other data held by Google.
7.6 Use of Google Remarketing
We use the remarketing technology from Google. This technology enables users who have used our Website and our on-line services and that have indicated to be interested in our offer to be retargeted with advertising on web pages of the Google partner network. The display of advertising is made possible through the application of cookies, tiny text files that are stored on the computer of the user. The text files make it possible to analyze the behavior of users when they visit the Website, which can subsequently be used for targeted product recommendations and customized advertising. The data that is obtained by targeted advertising through Google and from visitor data of external suppliers (such as age, gender, and areas of interest) is registered by us in Google Analytics.
7.7 Use of third-party cookies
Personal identification is not possible. This tracking technology from third parties and the use thereof is not controlled by us.
You can prevent the storage of and the tracking of such cookies by third parties by adjusting your browser settings.
7.8 Description of cookies
8. Right of modification
As we constantly develop our services, we reserve ourselves the right to modify this statement regarding data protection at any time we wish, with due regard for the relevant regulations. Any possible modifications will be published on this page without delay. Regardless of the preceding, you must regularly check this page for any possible updates.
9. Retention period of your data
Unless indicated otherwise in this statement regarding data protection or established by a regulation, we keep
– the personal data as specified under 2.1 for 30 days from the day of establishment;
– in case you had carried out transactions through the Platform – your personal data for 12 months after the date of the transaction for the purpose of our legitimate interests;
– all other personal Data as specified in this statement regarding data protection for a period of three months from the date of removal of your BY VP account or for a period of three months after five years of inactivity of your account;
– in case you have been blocked on account of a violation of the General Conditions of BY VP, data (e-mail, address, IBAN, phone numbers) 2 (two) years stored after the moment that you were blocked. We do this for the benefit of the legitimate interest of BY VP and our users (to guarantee the security of our Platform and other users) pursuant to art. 6(1)(f) of the General Data Protection Regulation of the EU.
10. Your legal rights regarding your Data
Pursuant to legal provisions regarding data protection, you have the right at all times:
– to obtain information about the Data we Process and to demand a copy of the relevant data (right to information). All Data you have actively provided to us on the Platform (2.2 to 2.6) can also be perused by you at any time you wish in your BY VP account.
– to demand the correction of incorrect Data and, depending on the nature of the Processing, the completion of incomplete Data (right of rectification). You also can modify all data you have actively provided to us on the Platform (2.2 to 2.6) any time you want on your BY VP account (except for sent messages and any possible forum messages or evaluations).
– under reserve of fairness, demand the removal of your Data (right of removal).
– demand the restriction of the Processing of your Data, assuming that the obligatory criteria have been met).
– on condition the obligatory criteria have been met, to receive the Data you have provided on structured, current, and machine-readable manner and to transfer such Data to another processor or, where this is technically feasible, let it be transferred by BY VP (right to data-portability).
– be subject to decision-making that does not rely entirely on computerized processing unless the legal conditions for such computerized decision- making have been met. At this moment, BY VP does not use any computerized decision-making; and
– to file an objection against the processing of Data – only if the processing is based on a task that is carried out in the public interest or to implement an official power (art. 6(1)(e) of the General Data Protection Regulation of the EU) or a legitimate interest (art. 6(1)(f) of the General Data Protection Regulation of the EU), including profiling based on the same grounds for Data Processing as explained in other sections of this statement (right to object).
You also have the right on exceptional grounds to renounce the obligatory Processing of your Data. When your personal Data is Processed for direct marketing purposes, you can object against such Processing (right to object).
In addition, you have the right at any time you want to withdraw any permission you have given us as a part of the registration for or the use of our services. Such withdrawal does not affect the legitimacy of the Processing that was carried out prior to the withdrawal and based on permission granted. Regarding the permission for cookies, you can use the unsubscribe and deactivation mechanisms that have been set for the various services (see statement regarding data protection for the individual services under 8.2 and 8.4 of this Website). This ensures that a permanent deactivation cookie is placed on your browser, so we know that your browser must not be subjected to such registration of data. N.B.: if you remove all cookies that have been placed in your browser, you will remove the deactivation cookie as well. In such case, you will have to complete the process described above again if you wish to use our Platform with a different device or a different browser.
You can withdraw your permission for the sending of our newsletter by adjusting your BY VP account settings in such a way that the forwarding of future Marketing E-mails is blocked. In addition, you can click on “Unsubscribe” at the end of the Marketing E-mail.
If you wish to exercise one of the rights stated in this section, you can contact By VP B.V. through the contact information below. Regardless of other legal means, you also have the right to file a complaint with the monitoring authorities.
11. Our contact information
If you have questions regarding the processing of your data as a part of your use of the Platform or regarding your rights, please contact our data protection officer at: [email protected]
By VP B.V.