PRIVACY POLICY

1.1 The following definitions are used in this privacy policy:

• upMention: the user of this privacy policy: the private company with limited liability upMention B.V., with its registered office at Distributieweg 22 (2645 EJ) in Delfgauw, registered with the Chamber of Commerce under Chamber of Commerce number 58042423;
• Data subject: the natural person who (on behalf of a company) has entered into an agreement with upMention, or the natural person who has contacted upMention (on behalf of a company) in connection with the conclusion and/or execution of the agreement or the natural person who (on behalf of a company) visits the website;
• agreement: the agreement between upMention and the data subject whereby the data subject makes use of the service that upMention offers;
• website: the website upmention.co.ke managed by upMention;
• profiling: the processing of personal data whereby certain personal aspects of the data subject are evaluated on the basis of personal data with the aim of analyzing or predicting his personal preferences, interests, online search behaviour, location;
• personal data: data with which a natural person can be identified.

2.1 Careful handling of personal data is of great importance to upMention. With regard to the processing of personal data, upMention acts in accordance with applicable laws and regulations.

2.2 upMention handles personal data with care and treats it confidentially.

2.3 upMention collects personal data from the data subject when the data subject has provided this personal data to upMention (via the website) or when the data subject visits the website or has contacted upMention by telephone or e-mail.

2.4 upMention collects and processes the following personal data:

• first and last name;
• address;
• ZIP code and residence;
• Bank account number;
• telephone number;
• email address;
• date of birth;
• gender;
• Citizen service number;
• IP address;
• surfing behaviour;
• location data;

2.5 upMention does not process any special personal data of those involved.

2.6 The website and/or service does not intend to collect data about data subjects who are younger than 16 years old. Unless they have permission from parents or guardian. However, upMention cannot check whether a data subject is older than 16. upMention therefore advises parents to be involved in the online activities of their children, in order to prevent data about children being collected without parental consent. If the data subject is convinced that upMention has collected personal data about a minor without this consent, the data subject should contact upMention using the contact details included in Article 12.1 and upMention will terminate the processing and delete the personal data.

3.1 The basis of the processing of the personal data is the execution of the agreement or, at the request of the data subject, the taking of pre-contractual measures. In the case of profiling, this is the consent of the data subject.

3.2 upMention collects and processes the personal data for the following purposes:

• handling a question and/or comment from the data subject;
• issuing a quotation and/or offer to the person concerned;
• the conclusion of the agreement;
• to be able to contact the data subject regarding the execution of the agreement;
• maintaining a customer relationship with the data subject;
• building and maintaining a customer base;
• sending an invoice;
• fulfilling administrative duties;
• to provide the data subject with personalized advertisements and content (profiling), see also Article 4;
• to send the data subject a newsletter, if he has given permission for this, see also article 5;
• to improve upMention’s website and services;
• generating general statistics about the use of the website.

3.3 The provision of the name, address, telephone number and e-mail address of the data subject is a contractual obligation. No agreement can be concluded without the name, address, telephone number and e-mail address.

3.4 upMention will not store the personal data for longer than is strictly necessary to achieve the goals, as described in Article 3.2, for which the personal data is processed.

3.5 upMention only processes the personal data that are minimally necessary for the existing purposes. upMention strives for minimal data processing.

3.6 upMention will not process the personal data for purposes other than those described above.

4.1 Profiling is only performed if the data subject has given permission to upMention. This consent can be withdrawn by the data subject at any time.

4.2 The purpose of profiling is:

• to show the data subject advertisements or other content on the website of which upMention suspects that the content of the advertisement or content is in accordance with the interests of the data subject;
• marketing analytics.
• sending a personalized newsletter.

4.3 Profiling can take place through a combination of the data provided by the data subject when creating an account and data originating from different cookies.

4.4 For profiling purposes, the following data may be processed by upMention:

• gender;
• age;
• location data;
• searches entered on the website;
• surfing behaviour.

5.1 Newsletters are only sent to the data subject if the data subject has given upMention explicit unambiguous consent for this. The data subject can unsubscribe from newsletters at any time, see Article 6.

5.2 upMention will not approach the data subject for direct marketing purposes if the data subject has not given permission for this.

6.1 The data subject can unsubscribe from newsletters in the following ways:

• by clicking in the e-mail in which the newsletter is included on the link that allows the data subject to unsubscribe from such newsletters;
• by contacting upMention, see Article 12.1 for contact details.

6.2 In every newsletter sent to the data subject, a link is included with which the data subject can unsubscribe from the newsletters.

7.1 upMention will remove personal data from its systems without undue delay, among other things if:

• the personal data are no longer necessary for the purposes for which they were processed;
• the data subject objects to the processing of his personal data and this objection is justified;
• the personal data is incorrect or outdated.

7.2 upMention is not obliged to delete personal data if there is one of the situations described in the law where the “right to be forgotten” does not apply.

8.1 upMention will not provide the personal data of the data subject to third parties until:

• upMention has obtained explicit prior permission for this from the data subject;
• one of the legal bases applies to which the provision of personal data to a third party is permitted;
• it is necessary for the execution of the agreement;
• the transfer takes place to a processor engaged by upMention for the purposes listed in this privacy policy, with which processor upMention has concluded an agreement that ensures that the processor offers sufficient guarantees with regard to technical and organizational security measures with regard to the processing to be performed.

8.2 The data subject can withdraw his consent to provide personal data to third parties at any time.

9.1 Upon request, upMention grants the data subject access to all personal data held by upMention about him and upMention will provide the data subject with a copy of that data free of charge in such a form that the data subject can pass on this personal data to a third party.

9.2 upMention offers the data subject the opportunity to have any incorrect data that upMention keeps from him corrected or deleted free of charge.

9.3 The request for access, modification or deletion of data can be submitted in writing or by e-mail to upMention, see Article 12.1 for contact details. upMention will respond to such a request as soon as possible and in any case within 4 weeks.

10.1 The data subject can object to the processing of his personal data by upMention if he has a good reason for this due to his specific situation. After upMention has received the objection from the data subject, upMention will stop processing the personal data of the data subject, unless upMention has legitimate interests in the processing of personal data that outweigh the interests of the data subject.

10.2 If the data subject does not wish to be approached with information about upMention’s services, and/or the data subject does not wish to receive a newsletter, the data subject can object to this processing.

11.1 To prevent unauthorized access to personal data, loss, theft and unlawful use of personal data, upMention has implemented various security measures, including measures against unauthorized access, use, alteration, unlawful and accidental destruction and unintentional loss of personal data.

12.1 For questions about this privacy policy or questions or complaints about the processing of personal data by upMention, please contact upMention. upMention is happy to help if there are complaints about the processing of personal data or if the data subject wishes to exercise one of the rights described in this privacy policy.

Contact details:

• upMention B.V.
• Distributieweg 22
• 2645 EJ Delfgauw
• The Netherlands
• Email: privacy@upmention.com
• Phone: +31 15 7600200

13.1 upMention reserves the right to amend this privacy policy. Every modification will be announced via the website. By continuing to use the website after changes have been made, the data subject accepts the modified privacy policy. The current privacy policy was last updated on: [Date].