Privacy Policy

Updated September 6, 2022 

Each person who visits our website(s), who makes a purchase in the QelviQ store as well as each person who makes use of the QelviQ App, inevitably discloses data to us, some of which can constitute personal data.

This Privacy & Cookie Policy (PCP) contains important information on applicable legal aspects, who we are, how to contact us and how and why we process (collect, store, use and share) personal data. It also provides for a limitation of our liability and explains your rights regarding personal data.

Personal data will be used and processed by us in accordance with the EU General Data Protection Regulation (‘GDPR’). Any reference in this statement to the GDPR is a reference to the European Regulation of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation). This PCP informs you about the processing that QelviQ may carry out with personal data as well as our use of cookies.

The PCP is applicable when you visit our commercial website www.Qelviq.Com. It also applies when we enter into contact with you in other ways (e.g. by email) whether in your capacity as an individual consumer or as director, shareholder, member, employee or representative of a legal person. The PCP is also applicable to information you might provide to us or that we might collect in the context of your request for or our proposing or providing or sale of goods or services.

We value your informed consent for processing personal data and recommend you to read the PCP carefully before consenting to our processing (collection, storage, use and/or sharing) of personal data by clicking the appropriate box on our website(s).

The PCP and our websites are provided by and the sole responsibility of KELLVIN NV, a Belgian limited liability company with registered offices at Zoerselhoek 30, B-2980 Zoersel and Lange winkelstraat 26, 2000 Antwerpen, both in the Province of Antwerp in Belgium, in the heart of the European Union. Kellvin NV is registered in the Antwerp register of legal entities under number 0674.768.325 and was attributed the European Union VAT number BE0674768325. You can contact us by letter to the above mentioned addresses, via the ‘contact’ button on our website(s) or by email to info@qelviq.com . We will in principle reply within one month following receipt.

The Website is hosted and made available from Belgium. Your visit to, and use of, the Website as well as any purchase of goods or services via our website(s) or the QelviQ App are deemed to take place at the above mentioned  offices of KELLVIN NV in Belgium and will be exclusively governed by Belgian law, without prejudice to mandatory law. The courts of Antwerp (in Belgium, EU) are the exclusive venue for all disputes, without prejudice to mandatory jurisdiction..

Kellvin NV operates commercially under the registered trademark QelviQ (BOIP dep. Nr. 1359949 and WIPO dep nr. 1403021).

When you are making an online purchase of goods and services on the Website from the US or Canada, or require the invoicing or delivery of our goods and services in the US or Canada, please note that you will for those purposes and that purchase be required to consent entering exclusively into a legal relationship with KELLVIN INC, a US limited liability company with registered offices at 2035 Sunset Lake Road Suite B-2, 19702 Newark, New York, USA, a KELLVIN NV subsidiary that imports the KELLVIN NV products in the USA and Canada. KELLVIN INC is registered in the New York State register of legal entities (US EIN352626501). When you are making a purchase of goods on our website from the US or Canada, or require the invoicing or delivery of our goods in the US or Canada, you are required to accept that your visit to, and use of, our websites as well as any purchase of goods via the Website are exclusively governed by US and New York State law and that the courts of Newark (New York State, USA) are the exclusive venue for all disputes, subject to mandatory law and jurisdiction.

Personal data, pseudonymisation and aggregated data

Personal data means information relating to an identified or identifiable natural person and encompasses all information that we can directly or indirectly link to you, possibly by combining such information. Personal data refers to obvious information, such as your name and contact details, as well as less obvious information such as identification numbers, location data and online identifiers.

When making a purchase in the QelviQ Store, we need to identify you for contracting purposes and compliance with legal obligations and process personal data. To enjoy benefits that are made available in the QelviQ App, you will need to consent to our processing of technical and personal data.

Once you have bought the Qelviq Personal Sommelier and installed the QelviQ App, you may choose that we process all or some data concerning your Qelviq Personal Sommelier (i) by its product serial number only for certain future services that do not need us to determine your identity or the exact location of the device or statistical purposes or (ii) after pseudonymisation or on an aggregated basis only for transferring or selling certain data to third parties. We refer you to the option menu in the QelviQ App for making those choices.

Cookies

Definition

A "cookie" is a small file sent by the server of the Website and stored on the hard drive of the user’s computer or mobile device. The information stored on these cookies can only be read by us and specified third parties (see below) and its purpose is to remember information about you.

Types and functionalities

A distinction can be made between certain types of cookies, based on their functionality, origin or retention period.

Session cookies vs. Permanent cookies

Session cookies, also known as 'temporary cookies', help websites recognize users and the information provided when they navigate through a website. Session cookies only retain information about a user's activities for as long as they use the website. Once the web browser is closed, the session cookies are deleted.

Permanent cookies remain in operation even after the web browser was closed. They remember for example login details so web users don't need to re-enter them every time they use a website. The Qelviq Personal Sommelier device and the QelviQ App make use of Permanent cookies to facilitate and improve your use experience.

First party cookies vs. Third party cookies

First party cookies are placed directly by us and are only used by us.

Third party cookies are cookies that are placed by websites, services and/or parties other than us. Note that we cannot fully control Third party cookies.

Essential cookies vs. Functionality cookies

Essential cookies are needed for a website, such as the Website, to function properly.

Functional cookies are used to provide a service you have requested, for example by saving your language preferences.

Both types of cookies are automatically stored on a user's computer or mobile device. By using the Website, the Qelviq Personal Sommelier device and the QelviQ App, you are deemed to consent to this. Blocking these cookies will affect the proper functioning of the Website, the Qelviq Personal Sommelier device or the QelviQ App or some of its components.

Marketing cookies vs. Analytical cookies

Marketing cookies are used to collect information about a users' browsing sessions, in order to tailor advertising to their personal interests as deducted from that data.

Analytical cookies collect information about how the website is used to improve its performance.

Both types of cookies will only be stored with the user's explicit consent.

Usage and purpose

Our website(s) place certain First party cookies on your computer or mobile device and access them. We use these cookies to make your use and experience of our website(s) and services easier and better, by ensuring correct and efficient connection to the concerned website and to allow us to provide a safe online environment. First party cookies collect anonymous data about how the concerned website is used and which pages are important to you.

By connecting to our Website or using the QelviQ App, you may also receive certain “Third party cookies” on your computer or mobile device. These cookies allow these third parties to keep track of the statistics of their site.

The current list of (first and third parties) cookies that we may use can be found in the table below. You accept or reject them by (un-)ticking the appropriate boxes on the website and when using the APP.

Name	Functionality	Retention period
Getsitecontrol	Getsitecontrol is a service through which we can place advertising on our website(s).	24 months
Google Analytics	These cookies are used to collect analytical information from our online customers.	24 months
Google Tag Manager	These cookies are used to test and debug Google Tag Manager.	until the browser session ends
Hotjar	These cookies are used to collect analytical information about the behavior and interaction of visitors to our website(s).	12 months
Facebook and Instagram	These cookies are used to manage online advertising, re-targeting, optimization and reporting.	24 months
Dynamic Google Remarketing	These cookies are used to personalize online advertisements based on the behavior of online customers.	24 months
Criteo	These cookies are used to collect data related to your browsing behavior in order to display personalized advertisements. For information on how to opt out of Criteo cookies, please see https://www.criteo.com/privacy/.	12 months
Google AdWords Conversion	Enables us to personalize online advertisements based on the behavior of online customers.	24 months
Bing	This is an analytics service that links data from the Bing advertising network to customer behavior on our website(s).	24 months
DoubleClick	This is used to personalize online ads based on the behavior of online customers.	24 months
Adform	Adform is used by us to evaluate our marketing campaigns. For information on how to opt-out of Adform cookies, please visit http://www.adform.com/site/privacy-policy/.	48 hours
Awin	These cookies measure clicks and conversions to our websites, so advertising campaigns can be optimized.	12 months
Daisycon	Daisycon uses performance based advertising. In performance based advertising the advertiser only pays for actual and measurable results. To be able to pay for measurable results, a match needs to be made between the publisher who referred the visitor and the transaction that was generated. For this purpose, our partner Daisycon stores some anonymous data and uses so-called affiliate cookies.	48 hours
Selligent (site)	If you receive our newsletter, we can include offers that are relevant to you. We do this through our email software Selligent.	12 Months
New Relic	With New Relic, we monitor the service of our website(s).	until the browser session ends

With respect to the Third party cookies listed above, please refer to the cookie policies that these parties provide on their respective websites. Note that we do not exert any influence on the content of those policies, nor on the content or functionalities of the cookies of these third parties.

Data processing

Depending on the capacity in which you visit our website(s), including the Website, or use the QelviQ App (i.e. as a Visitor, Customer or as a User), we may collect and process the following personal data:

Visitor or Customer

When you browse our website(s), including the Website or our online QelviQ Store as a Visitor, we will also automatically receive and process the following browsing data (herein the ‘Browsing Data’):

• IP address;
• Browser type and version
• Operating system
• Geo-location
• Visit duration
• pages viewed.

The source of these Browsing Data is the use of cookies (see above).

The Browsing Data may be processed for the purposes of analyzing or improving the use of our website(s).

When you order or purchase goods or services from the QelviQ Store or in the QelviQ App, we collect and process in addition to the Browsing Data the following  personal data as part of the buying and delivery procedures

• Your personal QelviQ Customer ID-number
• Name given to your personal Qelviq
• Your Email adres
• Email verification
• Language choice
• Your name and surname
• Country of origin
• The shipping [delivery] address and billing [invoicing] address including street, number, postal code and country)
• Number ordered: The amount of wines and Qelviqs
• Your telephone number
• When the purchase is made on behalf of a legal person: the legal person’s address, official registration and tax identification number;
• The unique identification number of the QelviQ Personal Sommelier that is shipped to you
• Payment details, including bank identification.

The source of this Customer Data is the information you knowingly provide when ordering or purchasing goods or services from the QelviQ Store or in the QelviQ App.

The Customer Data will be processed for the purposes of entering into the purchase contract, the delivery of the goods or services ordered by you, communicating with you and maintaining accounting, legal and guarantee records.

The Customer Data will not be processed or retained by us as personal data after your closing your QelviQ account and may subsequently be processed by us or third parties in a manner that no longer allows these data to be attributed to an identified or identifiable natural person.

 User

When you use your QelviQ Personal Sommelier, we record and process automatically - when the device connects to the internet - technical and bottle related data including the following data

• Labels scanned by the QelviQ Personal Sommelier as well as all optically readable information on the scanned label, including as the case may be harvest year, grape variety, chateau, cru, appellation, AVA or equivalent, country or sub-region of origin, producer, importer, alcohol level, etc
• Proposed additional information or identification by the QelviQ Personal Sommelier or QelviQ App based support or services; advised and personally modified temperatures, food pairing information, …
• Date, time and duration of use for each bottle inserted in the QelviQ Personal Sommelier;
• Number of bottles added in the QelviQ Personal Sommelier (QPS);

The source of these QPS Data is the technical and bottle information automatically generated   by the QelviQ Personal Sommelier device when in use or manually added. A description of the sort of technical and bottle data that constitute the QPS Data can be found on our Website and is updated from time to time. The QPS Data are for the safety of the QPS Data automatically encrypted by the QelviQ Personal Sommelier and processed in encrypted format by us.

The QPS Data will be processed for the purposes of providing the QelviQ Personal Sommelier support and services, i.e. the performance or our contract with the purchaser of the QelviQ Personal Sommelier device or the QelviQ services ordered by you, monitoring the technical characteristics of the use of the temperature control device, generate default temperature settings, communicating with you and maintaining accounting, legal and guarantee records. The QPS Data may, provided you have explicitly consented thereto in your QelviQ account, be processed by us for marketing purposes, transfer or sale to third parties.

Unless the registered account holder explicitly chooses and consents otherwise in advance, the QPS Data will by default not be processed or retained by us as personal data and will by default be processed by us or third parties in a manner that does not allow these data to be attributed to an identified or identifiable natural person. In that case the QPS User Data will neither be visible or downloadable in your QelviQ account nor be used for marketing purposes.

The QPS Data will in no circumstances be processed or retained by us as personal data after your closing your QelviQ account and may subsequently be processed by us or third parties in a manner that no longer allows these data to be attributed to an identified or identifiable natural person.

When you are using the Qelviq App, the following data will be registered

Q-HUB	Datacenter which is used to handle all customer request for PAIRING ADVICE, TEMPERATURE ADVICE and BUYING REQUEST
QELVIQ DATABASE	A database composed of a GRAPE LIST, a TERROIR LIST and a DOMAIN LIST
GRAPE LIST	a list of grapes to which an IDEAL SERVING TEMPERATURE is attributed
TERROIR LIST	a list of terroirs to which an IDEAL SERVING TEMPERATURE is attributed
TERROIR	a geographic area that is defined by specific criteria determined by official associations
DOMAIN LIST	a list of wine makers that produce wine of all styles
NAME WINE	A special wine form a wine domain that is not the same as the domain name
LABEL	wine label that can be found on the front or the back of a wine bottle
OCR DATA	the text that Google OCR cloud can find on the LABEL
IDEAL SERVING TEMPERATURE	The ideal temperature a wine should be served, established by a group of sommeliers
REGION	a supra level of geographic areas that comprise TERROIRS
COUNTRY	a supra level of geographic areas that comprise REGIONS
COLOR WINE	the style of the wine i.e Red, Rosé, White and Sparkling
GRAPE	a grape that is extracted from THE GRAPE LIST
CLASSIFICATION	wines that have a special treatment by the wine makers like Grand Cru, Brut,..
YEAR	the year the wine is produced
FEEDBACK CLIENT	Extra info we give to the customer who asks for PAIRING ADVICE, TEMPERATURE ADVICE and BUYING REQUEST
PAIRING ADVICE	A customer request concerning wine and food pairing
TEMPERATURE ADVICE	A customer request concerning the ideal wine serving temperature
BUYING REQUEST	A customer request to order the wine
FEEDBACK SOMMELIER	A mail request sent to our sommelier to verify data that are not yet part of our QELVIQ DATABASE
CREATED AT	Date that PAIRING ADVICE, TEMPERATURE ADVICE or BUYING REQUEST arrives in the Q-HUB
WINE	Final correct advice on the right wine that can be used in the buying process

 These App Usage Data relate to your personalized profile as a User of the QelviQ App and are  used to improve the functionalities of the QelviQ products and services and to personalize the QelviQ support and services for you and each registered User.

The Account Data and App Usage Data will not be processed or retained by us as personal data longer after your closing your QelviQ account and may subsequently be processed by us or third parties in a manner that no longer allows these data to be attributed to an identified or identifiable natural person.

By registering for the QelviQ app, you agree that we may send you emails and marketing     materials about the following categories selected by yourself: our store, service updates, safety warnings, new products or services and other updates. Note that a competent authority, judge or court may order us, or our supplier hosting our database, to keep and disclose certain or all data processed by us in the context of e.g. insurance, civil or criminal legal proceedings in which you or a user of the device may become involved. Such order will constitute “force majeure” for us and may force us to keep, disclose or de-encrypt the data that is at that time kept in our records without your consent or beyond the retention periods mentioned in the PCP.

Browsing Data

The legal basis for the processing of the Browsing Data is  consent

The Browsing Data are collected by the use of essential and non-essential cookies. The collection and storage by the essential cookies is done without the explicit consent of the Visitor, as these cookies are indispensable to the proper functioning of the Website or some of its components. The collection and storage by the non-essential cookies of personal data is done with your consent only. You can modify your non-essential cookie preference at any time.

Customer Data

The legal basis for the processing of the Customer Data is consent

The Customer Data is collected during the purchasing process and stored upon completion thereof. This storage and collection is based on your consent.

The data will only be used for these specific reasons only and will be retained as legally required by applicable Belgian accounting and tax law provisions. After that, the data will be stored in an anonymized form.

 Account Data

The legal basis for the processing of the Account Data is contractual.

The collection and storage of the Account Data is part of the performance of a contract between You and us, based on Our Terms of Use, which a User is asked to agree to before his or her registration.

Optional data is logically only collected if the User prefers to disclose.

Subsequently, we apply a preliminary and explicit opt-in system for access to information for other grounds, such as marketing on other platforms, fairs, events, etc.

The data is stored for a period of 2 years after the last login and is permanently stored in an anonymized form when the account is deleted.

 QPS Data and App Use Data

The legal basis for the processing of the App Use Data is consent

The collection and storage of the Usage Data is collected by the use of non-essential cookies. Non-essential cookies are stored upon your prior consent only. You can modify your non-essential cookie preference at any time.

General Principles

The personal data shall only be collected for the specified and legitimate purposes as set out in this PCP and shall not further be processed in a manner that is incompatible with those purposes. The same principle will be applicable to the retention period thereof.

We may retain personal data when necessary to comply with a legal obligation to which we are subject, or to protect your vital interests or the vital interests of another natural person.

Additionally, personal information can be disclosed to third parties:

-     If required so by law;

-     If a Customer and/or User violates of our [Terms of Use]; or

-     For enforcement purposes .

Thereto, We may also retain (internally) the email addresses of banned users who have seriously damaged the trust of QelviQ and who, despite repeated requests, do not comply with Our rules of conduct set out in Our [Terms of Use]. We base this on our legitimate interest: prevention of fraud, criminal offenses and misconduct. The list is kept indefinitely and is only accessible to a very limited group of persons within QelviQ.

A processor is someone who processes personal data at the request of or on behalf of us. We may sometimes enter into a contract with a processor to provide certain products and/or services. In this case, we will enter into a written agreement with the processor whereby the security of personal data is guaranteed by the processor.

The processors used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us.

We currently make use of the products or services of the following processors:

Aptus

The QelviQ app is hosted at Aptus which collects the data of the Users and the data in the app on their servers. They have taken all necessary precautions to store the data securely.

Providing personal data processed by us to third parties

We will not share personal data with third parties for any purpose, subject to the following exceptions:

In some circumstances, we may be required by law or a competent authority or court to share certain personal data, including yours, if we or you or a third party is involved in legal proceedings or to comply with legal obligations, a court order or the instructions of a government authority.

When you have so explicitly consented to, we may provide personal data to processors and to another third party (often partners) whose content appears on our website for the purpose, among others, of enabling them to contact you in order to offer you relevant services. The legal basis for us doing so is always consent, which you can withdraw at any time for the future.

You will find the necessary information of the partners on our website or in the application when these services are offered. The aforementioned partners/services may further process the personal data for their own purposes. For the further processing of the personal data, these partners/services act as independent controllers. Apart from the processing of personal data mentioned in this PCP, QelviQ has no influence on the further processing of personal data by partners/services. QelviQ advises you to regularly check the privacy statement of these partners/services.

Security of personal data and limitation of liability

We and our IT-infrastructure and webhosting providers take reasonable technical and organizational measures to secure personal data and to prevent the damage, loss, hijacking, misuse, abuse, theft or alteration of personal data. However we cannot guarantee that no personal or other data is damaged, lost, hijacked, misused, abused, stolen or altered.

Our liability with respect to the processing of personal data is strictly limited to 2500 eur per affected person or group of persons acting in concert, including all interests, technical, legal and other fees and expenses and all related incidents taken together.

By using our website(s), including the Website, the QelviQ products and QelviQ App, you knowingly accept to exonerate KELLVIN NV, KELLVIN INC, as well as all their directors, employees, shareholders, representatives, suppliers, distributors, shippers, IT-infrastructure and webhosting providers from any and all liability (i) above 2500 EUR per affected person or group of persons acting in concert, including all interests, technical, legal and other fees and expenses and all related incidents taken together or (ii) with respect to indirect or consequential damages caused by or suffered by you or another user authorized by you in connection with the processing, damage, loss, hijacking, misuse, abuse, theft or alteration of personal data and other data you provided or concerning your use of the QelviQ website, products or services.

Modifications

We may update this PCP from time to time by publishing a new version on our concerned website(s). We encourage you to check the PCP page from time to time to ensure that you are aware of any changes to this PCP.

Guarantee of legitimate and secure processing of personal data

Personal data will always be processed for legitimate purposes. They shall be collected and processed in an appropriate, relevant and proportionate manner, and kept for no longer than the periods specified above.

Right to access

You have the right to consult personal data relating to yourself only, at any time (and to amend them if necessary). In this case, in order to prevent abuse, we may ask you to identify yourself adequately upon contact. Thus you have the right to consult the purposes of the processing, the categories of personal data, the categories of recipients and processors to which the personal data are sent, the criteria which determine the period of data retention and the rights which you can exercise in relation to personal data. 

Right to rectification of personal data

Inaccurate or incomplete personal data may be corrected. You can also contact us with a request for amendment.

Right to erasure (or “right to be forgotten”)

You also have the right to obtain the erasure of personal data under the following assumptions and within the technical limits that are reasonably possible:

• The personal data is no longer necessary for the intended purposes.
• You withdraw your consent to the processing and there is no other legal ground for processing personal data.
• You have legitimately objected to the processing of personal data.
• The personal data has been illegally processed.
• The personal data must be deleted to comply with a legal obligation.

Right to limitation of processing

In certain cases, you have the right to request the limitation of the processing of personal data, especially in case of dispute as to the accuracy of the data, if the personal data is necessary in the context of legal proceedings or the time required to us to verify that you can validly exercise your right to erasure.

Right to object

You have the right to object at any time to the processing of personal data for direct marketing purposes, profiling purposes or purposes that stem from the legitimate interests of the controller. We will cease to process personal data unless we can demonstrate that there are compelling legal grounds for processing personal data that override your right to object.

The objection will be send to our Privacy Compliance Officer at privacy@qelviq.com

Right to data portability

You have the right to obtain any personal data which you have provided us in a structured, commonly used and machine readable format. In addition, you have the right to transfer this personal data to another controller, unless this is technically impossible.

Right to withdraw your consent

You have the right to withdraw your consent at any time. Insofar as the legal basis for our processing of personal data is consent, you have the right to withdraw this consent at any time. Revocation does not affect the lawfulness of the processing before the revocation.

Right to complain to the supervisory authority

If you still believe that, after enforcing your right to object, our processing of personal data violates data protection laws (GDPR or Belgian law), you have the right to lodge a complaint with the following supervisory authority:

Data Protection Authority
Drukpersstraat 35, 1000 Brussels

+32 (0)2 274 48 00

contact@apd-gba.be

https://www.gegevensbeschermingsautoriteit.be

Updating or deleting personal data

For Customers: Please let us know if the personal data we hold about you needs to be corrected, updated or deleted.

For Users: through your account settings (profile page) you can correct, update or delete the personal data.

Age of consent

By using our services, you represent that you are at least the age of majority in your state or province of residence.