TERMS AND CONDITIONS

 

 

ARTICLE 1. GENERAL PROVISIONS

•  Definitions

 

•  Maggie's Melody BV : is an organization led by Magalie Gelin, which is committed to teaching people to sing and bringing together people who have a passion for singing and singing together. The focus is thus on singing. The main activities can be divided into these five (5) pillars:

•  pop choir;
•  online coaching and courses on singing and voice use;
•  private singing lessons and group singing lessons with physical presence;
•  membership Singing Insiders, which is an exclusive online community for people passionate about singing;
•  organization of public events in this context.

 

Company details :

Private Company Maggie's Melody

Registered office at 1700 Dilbeek (Sint-Ulriks-Kapelle), Wallenweg 4

Company number: 0804.761.191.

Email: [email protected]

 

•  Member/Customer : the natural or legal person who becomes a member of the 'Singing Insiders Community' and/or purchases other services (as mentioned above) from Maggie's Melody and/or places an order via her online store;

 

•  Consumer : the natural person who is not acting for purposes related to his/her trade, business, craft or professional activity;

 

•  Remote service : the provision of a service in which, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication (via the internet or telephone, etc.), i.e. without the simultaneous physical presence of the company and the consumer.

 

•  Day : calendar day;

 

•  Application

These General Terms and Conditions apply in priority to every service provided by Maggie's Melody, regardless of the general terms and conditions of the service customer (hereinafter: “the Customer”). Together with an individual written agreement regarding the specific service (hereinafter: “the Service Agreement”), they determine the contractual relationship between the parties.

•  Acceptance

The Customer expressly declares to have taken note of these General Terms and Conditions, to have read and understood them and to accept them prior to the conclusion of the agreement between the parties.

The Customer further declares that the clauses in these general terms and conditions are not manifestly unbalanced and reflect the true will of the parties.

•  Change

Maggie's Melody reserves the right to unilaterally change or supplement these General Terms and Conditions at any time.

The amended conditions will then automatically apply to any subsequent agreement.

•  Invalidity clause

The invalidity of one or more clauses of these General Terms and Conditions does not affect the validity and enforceability of the remaining clauses. The other provisions therefore remain fully applicable.

The invalid provision will be replaced by a valid provision that comes as close as possible to the intention of the parties.

•  Distance

Failure at any time by Maggie's Melody to enforce any of the rights contained in these General Terms and Conditions, or to exercise any right thereof, will never be considered a waiver of such provisions and will never affect the validity of these rights. affect.

 

ARTICLE 2. ESTABLISHMENT OF AGREEMENT

2.1. Offer

All offers - both those included in the Services Agreement and those stated on the Maggie's Melody websites - contain a fully accurate description of the services offered and are sufficiently detailed to enable a proper assessment of the offer by Maggie's Melody.

However, Maggie's Melody cannot be held to its offers if the customer can reasonably understand that the offer, or part of it, contains an obvious mistake or typo or is not up to date.

2.2. Establishment of agreement

By completing the registration form (online) and/or signing the Service Agreement and execution of the requested payment, an agreement with Maggie's Melody is definitively and irrevocably concluded, regardless of any previous correspondence and regardless of any other conditions or documents of any kind from the customer.

The parties expressly agree that the registration and/or conclusion of the agreement can be done electronically (digitally), even in the absence of a signature.

 

ARTICLE 3. PRICE AND PAYMENT

3.1. Price

The total price for the selected service is clearly stated on the Service Agreement or on the registration form on the website.

All prices stated in the offers are expressed in euros or US Dollars, indicating VAT and any other levies imposed by the government.

In accordance with Article 57 of the Act of 30 March 1976 on economic recovery measures, Maggie's Melody is entitled to unilaterally revise the price if the costs of the service have been significantly increased due to circumstances beyond its control and/or due to circumstances beyond its control at the time of the conclusion of the contract. the agreement could not reasonably have been taken into account or should not have been taken into account. For example, Maggie's Melody may revise the price based on the following reasons:

• general price indexation;
• price increase from external partners or external suppliers;
• when other elements that determine the price, such as but not limited to: taxes, levies, devaluations, transport costs, labor costs and/or fuel costs, raw materials, energy and processing prices, are changed and cause a significant price increase.

3.2. Payment

Services ordered via the website( s ) are payable online using one of the following payment methods, depending on the service to be provided: 

•  credit card (Visa or Mastercard);
•  bancontact;
•  IDeal;
•  Apple Pay;
•  Stripe;
• Paypal;
•  transfer.

Services ordered via the Services Agreement are payable according to the modalities contained in the Services Agreement. Invoices are - unless otherwise stated in the Agreement - payable within fourteen (14) days after the invoice date, stating the invoice number.

 

ARTICLE 4. CANCELLATION POLICY – BEFORE COMMENCEMENT OF SERVICE

4.1. Cancellation by the customer

Depending on the nature and modalities of the service chosen, the following cancellation conditions apply:

4.1.1. Online services – right of withdrawal/consumer reflection period:

Attention! This paragraph only applies to customers in their capacity as consumers (natural persons).

The consumer can terminate an agreement regarding the delivery of a distance service during a cooling-off period of fourteen (14) days without giving reasons and without paying a fine. dissolve . The aforementioned period starts from the completion of the registration form and subsequent payment , as a result of which the agreement is concluded.

If the customer wishes to exercise his/her right of withdrawal, he/she must report this unambiguously to Maggie's Melody within the aforementioned cooling-off period. Maggie's Melody will reimburse the payment made by the customer, without delay but within fourteen (14) days following the day on which the customer reported the withdrawal.

However, the aforementioned right of withdrawal does NOT apply:

•  if the service has already been performed before the expiry of the withdrawal period (e.g. by gaining immediate access to the online workshop or course) (in accordance with Article VI.53, 1° of the Code of Economic Law);
•  if it concerns a leisure service, for which a specific date or a specific implementation period is determined in the agreement (e.g.: reservation of tickets for a specific event, registration for an online singing workshop scheduled for a specific date (in accordance with Article VI.53, 12° of the Economic Law Code);
•  if it concerns tailor-made services at the request of the consumer (e.g. tailor-made singing lessons) (in accordance with Article 53, 3° of the Code of Economic Law);

 

4.1.2. General cancellation policy

If the provisions of paragraph 4.1.1. do not apply, the following general cancellation policy applies:

The customer has the right to cancel the registration for a specific service at any time. This must be done in writing. If the customer exercises this right, the agreement will be deemed to have been unilaterally terminated by him/her.

In the event of unilateral termination, the following cancellation fees are due automatically and without notice of default:

•  In case of cancellation more than fourteen (14) days before the date of commencement of the service : the compensation amounts to 25% of the amount payable under the agreement;
•  In case of cancellation less than fourteen (14) calendar days and more than forty-eight (48) hours before the date of the start of the service : the compensation amounts to 50% of the amount payable under the agreement;
•  In case of cancellation less than forty-eight (48) hours before the date of commencement of the service : the compensation amounts to the full amount (100%) of the amount payable under the agreement;
•  In case of cancellation of web-based products after receipt of the access link : the compensation amounts to the integral (100%) of the amount payable under the agreement.

The customer acknowledges that when determining the aforementioned compensation, the consequences of the cancellation for Maggie's Melody were taken into account (costs already incurred and efforts made) and that this compensation is therefore balanced with regard to the parties.

In the event of force majeure (illness or justified impediment) and if it concerns participation in an event/workshop, the parties can agree on the following in mutual consultation: the non-participant can cancel his or her participation once and exclusively in the event of force majeure, clearly demonstrable. to move an event/workshop to another date. Of course, this is only possible if the same service is offered again by Maggie's Melody. If this is not the case, the non-participant may pass on his/her registration for a specific event or workshop to another person, provided that he/she notifies Maggie's Melody at least twenty-four (24) hours in advance. Maggie's Melody is then entitled to charge an administrative fee, corresponding to 10% of the registration fee, with a minimum of 10 euros (€ 10.00).

4.2. Cancellation by Maggie's Melody

 

Maggie's Melody is entitled to postpone the execution period that was contractually provided for, without this giving rise to any right to compensation from the customer or without the customer being entitled to a refund of the price paid by him/her. The customer will thus be able to participate in the service organized by Maggie's Melody at a later date.

If - due to the nature of the service - a postponement is not possible, the amount already paid to Maggie's Melody will be fully refunded within fourteen (14) days, except in the event of force majeure.

 

ARTICLE 5. DELIVERY OF SERVICE

5.1. online services: online coaching and courses – membership of online community

For web-based products, the access link will only be made available after payment of the full amount under the agreement, unless payment in multiple installments is permitted by Maggie's Melody. 

To become a member of the SI Community and/or purchase other services from Maggie's Melody, the member/customer must be at least 18 years old or have the permission of their legal guardian. The member/customer is prohibited from using someone else's identity. A registration is only valid if it is completed truthfully. It is not up to Maggie's Melody to verify this. Maggie's Melody is therefore indemnified from any liability in this regard.

This link for the coaching/course, even if it concerns different modules, is valid for at least one (1) year. The customer can thus follow this at a freely chosen time.

Maggie's Melody reserves the right to adjust the content or organizational content of the coaching/course if circumstances require this and Maggie's Melody deems this appropriate.

With regard to membership for the Siniging Insiders Community, this will only start and the membership fee will only be due as soon as the customer has actually been able to register for this. If upon registration it appears that the community is full, the customer will be placed on a waiting list. This implies that no agreement has yet been concluded at that time and therefore the parties cannot derive any rights and obligations from it.

5.2. other services (in physical presence):

Unless otherwise agreed, Maggie's Melody will only commence its services after receipt of the full amount under the agreement.

Maggie's Melody makes sufficient efforts to comply with the delivery times of the service agreed between the parties. It enters into an obligation of means to provide its services with care and expertise.

Maggie's Melody reserves the right to adjust the singing lesson in terms of content or organization if circumstances require this and Maggie's Melody deems this appropriate.

 

ARTICLE 6: CONTRACTUAL DEFECTS DURING THE EXECUTION OF THE SERVICE

6.1. Non-payment of invoices on time

In the absence of timely payment of the invoice from Maggie's Melody, interest of one percent (1%) per month is due by operation of law and without prior notice of default from the due date of the invoice until receipt of the full amount, with each month started as is considered fully expired.

In addition, a lump sum compensation of 10% of the invoice amount is also due automatically and without notice of default, with a minimum of fifty euros (€ 50.00). Any additional collection costs will also be borne by the customer.

Furthermore, in the event of non-payment on the due date, Maggie's Melody may suspend all its obligations arising from the agreement until the debt has been fully cleared and terminate this agreement, without being liable for any compensation.

The subscriber will be denied access to the service, even in the event of partial payment.

In addition, the customer is at least the in article 4.1.2. agreed compensation due due to unilateral termination of the agreement.

Non-payment of an invoice on the due date results in the immediate payment of all outstanding invoices of the customer. Payments made after the due date will initially be deducted from interest and costs and only then from the principal amount.

6.2. Other non-performance

The parties are entitled to unilaterally terminate the agreement with the customer immediately and without prior notice of default in the following cases:

•  serious error, repeated minor error or serious breach of contract by the other party in the performance of the agreement;
•  if a party makes improper use of the services offered;
•  if a party acts contrary to the reputation or interests of the other party or in general to good morals;
•  if either party engages in dishonest, fraudulent or criminal conduct or omission, whether or not in connection with the performance of this Agreement;
•  in the event of bankruptcy or insolvency or in general in the event of cessation of payments or damage to the creditworthiness of the other party;

The unilateral termination of the service agreement does not affect the right of the party that requested the termination to claim compensation from the other party for all damage that the error or breach of contract in question has caused him/her.

 

ARTICLE 7. COMPLAINTS

7.1. Term

The customer must notify Maggie's Melody in writing of any shortcoming in the execution of the agreement within forty-eight (48) hours after its discovery. After this period has expired, the complaint is deemed to be late and the services are considered accepted.

Only an expressly motivated protest will be taken into account. Merely contesting without giving any reason is invalid and therefore without consequence.

7.2. No deduction from the price

Complaints of any nature will never suspend the customer's payment obligations. The customer is never entitled to make any deduction from the price or part of the price, not even as a guarantee, in the event of complaints or dispute.

 

ARTICLE 8: LIABILITY

8.1. General

Maggie's Melody undertakes to provide all services with care. The services to be provided and the performances carried out are best efforts obligations.

Maggie's Melody is only liable for direct damage resulting from her gross error, intent/deception or repeated negligence or minor error. 

Maggie's Melody makes every effort to provide access to its website on a continuous basis (24/7). Given the technical characteristics of the Internet and IT resources and the need to carry out periodic maintenance, update or upgrade work, uninterrupted access and service cannot be guaranteed. Such interruptions and disruptions are inherent to the provision of services via the internet and cannot be regarded as a shortcoming on the part of Maggie's Melody. Maggie's Melody will make every effort to resolve this as quickly as possible.

Maggie's Melody meets all legal requirements regarding insurance.

8.2. Limit

If Maggie's Melody's liability is established, it is at all times limited to the amount paid out through its liability insurance.

In any case, liability is limited to the amount of the service (excluding VAT), as stated in the agreement in which the liability arises.

8.3. Exclusion

Maggie's Melody is committed to teaching the customer singing and voice techniques, but is not responsible for the customer not following her advice or not achieving the result desired by the customer.

Maggie's Melody cannot be held liable in the event of medical injuries that could arise from the customer's participation in the services provided.

Maggie's Melody is not liable for damage of any kind caused by relying on incorrect or incomplete data or input provided by or on behalf of the customer.

The parties expressly acknowledge that Maggie's Melody cannot be held liable for any indirect or incidental (consequential) damage, including loss of profit or income, loss of customers and contracts and immaterial damage.

Maggie's Melody is under no circumstances liable for any accidents or theft during the provision of the services.

Any damage that a participant in a training course (whether voluntarily or not) causes to Maggie's Melody material will be charged to the customer.

8.4. Force majeur

Maggie's Melody cannot be held liable for shortcomings in the execution of the agreement that are due to force majeure. This includes all external causes, foreseen or unforeseen, over which it has no influence, but which prevent it from fulfilling its obligations.

Force majeure includes, but is not limited to: delay or failure to perform by its suppliers, illness or disability of the teacher or co-coaches, unusability or problems with regard to the capacity of the location/room of the training, bankruptcy from suppliers/partners or similar situations, disruptions in the internet, disruptions in electricity, disruptions in e-mail traffic and disruptions or changes in technology supplied by third parties, transport difficulties, strikes, government measures, delays in supply, negligence of suppliers and/or or manufacturers as well as auxiliary persons, defects in auxiliary or transport equipment, weather and climatic conditions, lightning strike, flood, storm, war, health crisis, riots, strike, lockdown, etc.

However, Maggie's Melody undertakes to inform the customer as soon as possible about the likely duration and consequences. During this period of force majeure, it may suspend its obligations and communicate to the customer a new date (based on its availability) for the delivery of the services. The customer expressly waives the right to request any compensation for this. The amount already paid by the customer will then be qualified as a credit for a future reservation within the year.

Only if a postponement of the service is absolutely impossible, Maggie's Melody will refund the amount already received, pro rata to the part of the service still to be delivered. If Maggie's Melody had already partially fulfilled its obligations when the force majeure occurred, it is entitled to retain the amount corresponding to the part already delivered.

 

ARTICLE 9: INTELLECTUAL PROPERTY RIGHTS

If Maggie's Melody carries out a work in any form within the framework of the agreement that is considered a creation process within the meaning of intellectual property law, Maggie's Melody retains the copyrights arising from this work, such as the right to reproduction.

The original creations created by Maggie's Melody in the context of the agreement (not limited to: designs, logos, names, photos, texts, blogs, podcasts, courses, website, illustrations, images, videos and the like) remain its exclusive property. , regardless of whether they have been made available to the customer. Maggie's Melody reserves the copyright on these pieces. These may not be misused, copied, made public or provided to third parties by the customer without prior permission from Maggie's Melody.

The customer is liable for any misuse thereof.

The customer indemnifies Maggie's Melody against all claims from third parties arising from the use of the delivered goods or due to alleged infringement of ownership, patent, copyright or other intellectual property rights in connection with the execution of the agreement. This indemnity shall remain applicable even after termination of the agreement.

 

ARTICLE 10: PROHIBITION OF REJECTION

The customer is strictly prohibited from actively approaching employees or co-coaches of Maggie's Melody with a view to follow-up assignments or recruitment.

This provision will remain in effect even after termination of the agreement for a period of one (1) year.

Any infringement of this will automatically give rise to fixed compensation to Maggie's Melody in the amount of two thousand five hundred euros (€ 2,500.00) per established infringement.

 

ARTICLE 11: PRIVACY LEGISLATION – PROCESSING OF PERSONAL DATA

To the extent that personal data is processed by Maggie's Melody in the context of the execution of the assignment, these personal data will be processed in a proper and careful manner, in accordance with the provisions of the European General Data Protection Regulation (GDPR) (also known as the General Data Protection Regulation). or 'GDPR') and in accordance with the extensive Privacy Policy of Maggie's Melody.

All personal data provided by the Client will only be used to fulfill the assignment/service that the customer has entrusted to Maggie's Melody. By accepting these conditions, the Client gives permission for this personal data processing. The Client can at any time submit a request for access, correction and deletion of his personal data via the usual email address of Maggie's Melody.

Maggie's Melody undertakes to take technical and organizational measures to protect personal data against loss or any other form of unlawful processing, taking into account the state of the art and the nature of the processing. This concerns a best efforts obligation on behalf of Maggie's Melody. Notwithstanding the aforementioned measures and extensive efforts by it, its security policy, the controls it carries out and the actions it proposes in this context cannot guarantee an infallible level of security or completely eliminate all risks.

Maggie's Melody undertakes to only pass on personal data to processors, recipients and/or third parties to the extent this is necessary in the context of the aforementioned processing purposes. It will provide the necessary guarantees for this.

Maggie's Melody will not store personal data for longer than is necessary for the execution of the assignment agreed between the parties.

The customer further confirms that he has taken note of Maggie's Melody's Privacy and Cookie Policy and accepts its contents.

If the customer does not agree with the way in which Maggie's Melody processes the data, the customer can also contact the Commission for the Protection of Privacy in Brussels:

Data Protection Authority

Drukpersstraat 35

1000 BRUSSELS

Tel: +32(0)2 274 48 00

Fax: +32(0)2 274 48 35

Email: [email protected]

 

ARTICLE 12. IMAGES - REFERENCE

By confirming his registration, the customer agrees to the fact that at events, singing lessons, meetings, etc. images, photos and videos can be taken, which can be used by Maggie's Melody for commercial purposes. These can be distributed via the website and/or various social media channels of Maggie's Melody.

If it concerns individualized images of the subscriber, he or she always has the right to (i) consult these images and (ii) oppose their use and distribution for commercial purposes. Maggie's Melody will - in accordance with its Privacy Policy - always request prior consent from the customer with regard to the use of the images and to giving an interview about his or her experience of the service. The customer always has the right to withdraw that consent at any time.

Maggie's Melody also has the right to promote the collaboration with the customer, unless the customer objects to this. At the simple request of the customer, Maggie's Melody will remove the content.

 

ARTICLE 13. APPLICABLE LAW - COMPETENT COURT - EVIDENCE

The parties undertake to make sufficient efforts to achieve an amicable settlement and to settle the dispute by mutual agreement.

In the event that the amicable attempt does not have a positive outcome, in the event of a dispute relating to the interpretation, execution or termination of the contractual relationship between the parties, the courts and tribunals of the judicial district will have jurisdiction, where the registered office of Maggie's Melody is located. established, unless the law or international law prescribes otherwise.

The agreement shall be governed and interpreted exclusively in accordance with the law of the service provider's habitual residence, currently Belgian law.

The application of the Vienna Sales Convention is excluded.

The language of justice is the Dutch language. 

The customer agrees that any electronic communication and backup may be used as evidence in legal proceedings.

 

 

Contact

Do you have questions?

Please feel free to contact Maggie's Melody via the email address [email protected]

 

This version of the General Terms and Conditions was drawn up on April 15, 2024.

 

***

 

PRIVACY AND COOKIE POLICY

 

The person responsible for the processing :

The Private Company ' Maggie's Melody ', with registered office at 1700 Dilbeek (Sint-Ulriks-Kapelle), Wallenweg 4 and company number 0804.761.191.

Main activities :

* pop choir;

* online coaching on singing and voice use, as well as private singing lessons;

* membership Singing Insiders.

Websites:

* https://www.maggiesmelody.be/ 

* https://www.singinginsiders.com/

* https://www.zanglesmetmaggie.be/ 

E-mail :

[email protected] 

 

GENERAL

Privacy is a fundamental right of every individual. Maggie's Melody wants to be your trusted partner and ensures that your personal data is optimally protected. It makes every effort to process this data with respect and in a correct and transparent manner, to guarantee the privacy of every individual and to prevent misuse of this data.

Nevertheless, Maggie's Melody requires certain information from the customer/user to carry out its assignments, as well as for the operation of its website. This Privacy Policy provides an overview of what Maggie's Melody does with this data and the legal grounds on which this is based. The rights that you as a data subject can exercise with regard to the processing of your personal data are also listed.

Please read this Privacy Policy carefully, as it contains essential information about how your personal data is processed.

By providing your personal data to Maggie's Melody, you declare that you have taken note of this Privacy Policy.

The Privacy Policy may be revised and updated at any time to continue to comply with applicable privacy legislation.

ARTICLE 1. LEGAL FRAMEWORK

Maggie's Melody always processes personal data in accordance with the applicable Belgian and European privacy regulations, including:

• the Act of 8 December 1992 on the protection of privacy with regard to the processing of personal data, as well as the amendments to this law;
• the anti-spam provisions of Book XII of the 'Economic Law Code regarding the law of the electronic economy;
• the European Regulation 2016/679 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' (also the 'GDPR' or the referred to as 'GDPR').

 

 

ARTICLE 2. SCOPE

This Privacy Policy applies to the processing of 'personal data' in the context of the work to be carried out by Maggie's Melody or services to be provided for which the customer has ordered.

The policy also applies to the Maggie's Melody website, as well as to all other (commercial) relationships between Maggie's Melody and its customers, clients, prospects, business partners, employees and staff.

This Privacy Policy does not apply to the processing of personal data other than those stated below. However, it goes without saying that Maggie's Melody generally adheres to strict confidentiality in the broadest sense of the word with regard to the data and information provided by customers.

 

ARTICLE 3. DEFINITION

For the purposes of this Privacy Policy, “ Personal Data ” means: “ Any information relating to an identified or identifiable natural person .”

'Identifiable' is considered to be data that allows a natural person to be identified, directly or indirectly.

These include:

• personal identification data;
• contact details;
• location data;
• other personal information such as elements specific to the physical, physiological, genetic, psychological, medical, economic, cultural or social identity of the natural person concerned.

 

ARTICLE 4. COLLECTION OF PERSONAL DATA

Maggie's Melody may collect your personal data in the following ways (non-exhaustive list):

• when you give it to her yourself:

• when visiting its website without any form of registration (via cookies);
• when completing contact and registration forms on the website or when scheduling an appointment/activity via another channel;
• in general in all incoming and outgoing correspondence with Maggie's Melody via various channels (online, electronic or by telephone/mobile phone);
• when completing or signing (registration) forms, membership applications and agreements that Maggie's Melody submits to you in the context of the execution of or prior to the execution of the agreement/assignment;
• in general to become a member of the association and when carrying out the agreement/assignment for the customer;
• for customer management and invoicing;

 

• when this data can be freely consulted or can be obtained from sources of information that are publicly accessible (such as the customer's own website or profile, the Crossroads Bank for Enterprises, Belgian Official Gazette and the like).

 

ARTICLE 5: WHICH PERSONAL DATA?

Maggie's Melody processes the following personal data that are relevant in the professional context:

• Category 1 : Identification data:

• First name;
• Last name;
• Possibly: age;
• Possibly: gender;
• Optional: date and place of birth.

 

• Category 2 : Contact and location data:

• Address: street, house number, possibly box number, postal code, municipality/city, country;
• E-mail address;
• Telephone number and/or mobile number;

 

• Category 3 : Elements characterizing the physical and physiological identity of the natural person concerned:

•  Voice type;
•  Images in the form of photos and videos from the customer (see below );

• Category 4 : Financial data:

• Bank account number for payment by bank transfer;
• Other Bank card details in the context of online payment;

•  Category 5 : Online data:

• IP address, Internet browser and device type;
• data about your activities on the Maggie's Melody website (surfing behavior);

 

•  Category 6 : Other data:

• Experience and/or level of education with regard to the subject of the assignment;

 

 

ARTICLE 6: PURPOSES AND LEGAL BASIS OF PROCESSING

Maggie's Melody processes your personal data for the following (non-exhaustive) purposes :

• Create membership/enter into agreement;
• Customer management, personnel management and supplier management;
• Bookkeeping;
• Taking out (compulsory) insurance;
• Reporting to subsidizing authorities;
• Agenda planning;
• Communication with the customer/client/supplier/staff;
• Execution of the agreement/assignment and/or delivery of the services;
• Direct marketing: sending invitations and newsletters about the services of Maggie's Melody or for events (training, education, performances and other activities) offered by Maggie's Melody or umbrella organizations;
• Reference and/or reporting in (print or online) communication channels;
• Improving services or daily operations;
• Analysis of surfing behavior;
• Optimization of website and offer;

 

The applicable legislation allows the processing of personal data of natural persons with a view to fulfilling the aforementioned purposes, but only on the condition that at least one of the following legal grounds for processing applies:

• or your consent : Maggie's Melody may ask for your specific consent to process certain personal data and will only do this if you have actually given your consent. For example, it collects and processes the data it receives from you when you register for its newsletter. You give your explicit consent for this. The same applies if you agree to a targeted photo, video material or sound recording with a view to its reporting on the website or other social media channels. Of course, this consent can always be withdrawn afterwards

By providing personal data to Maggie's Melody, you give her your explicit permission that she may use this data in accordance with this Privacy Policy;

Exception : Maggie's Melody only processes data of minors with the permission of the parents and/or legal guardian. Maggie's Melody is, however, indemnified from any liability for failure to truthfully report the correct age or forgery on this point. There is no verification obligation in this regard.

 

• or the necessity for the execution of the agreement/assignment and/or the delivery of the services: this is when the processing of your personal data is necessary to fulfill the obligations under an agreement or the intention to enter into an agreement come;
• either legal, regulatory and/or deontological obligations or important reasons of public interest : this is when Maggie's Melody is obliged to process your personal data to comply with a legal obligation, such as keeping data for (government) purposes or providing information to a legislative authority (e.g. for the establishment, exercise or substantiation of a legal claim);
• or a legitimate interest of the company : Maggie's Melody may process your personal data if this is in its legitimate interest to conduct or promote a lawful activity;

 

ARTICLE 7: TRANSFER TO THIRD PARTIES

Under no circumstances will Maggie's Melody sell or make your personal data commercially available to direct marketing agencies or similar service providers (for purely commercial purposes), unless with your prior consent.

Maggie's Melody is, however, entitled to pass on your personal data to third party service providers who assist it with its services, if this is necessary for the execution of the assignment, such as, but not limited to:

• the caretakers of the internet environment and the IT infrastructure, namely: IT suppliers, website administrators, partners who manage data storage in the cloud, email and service providers, virtual assistants, etc.;
• logistics partners;
• social secretariat;
• insurer;

These players will have access to your personal data, but only to the extent that this is strictly necessary to carry out their activities. They may not use your data for other purposes.

In addition, Maggie's Melody may also disclose your personal data to those entities/persons acting on its behalf and/or on its behalf (staff, employees, appointees, self-employed persons, etc.), but only for purposes of assistance. The same applies to the umbrella organizations with which Maggie's Melody collaborates, including 'Koor&Stem (provincial and national)'. Maggie's Melody guarantees that the same level of security and confidentiality of your data is guaranteed by these persons, who also fall within the scope of this Privacy Policy.

In certain situations, Maggie's Melody will also be required to disclose personal data to comply with legal obligations or in the public interest or for law enforcement reasons. This can include:

• at the request of government services;
• in response to subpoenas or in the context of legal proceedings;

 

In the event that Maggie's Melody's operations are sold or merged with another company, your personal data may be disclosed to the liquidator or advisor of a potential buyer/acquirer and may be passed on to the new owner(s) of the company . In that case, Maggie's Melody will take the appropriate measures to ensure the integrity and confidentiality of your personal data.

If it concerns the transfer of your personal data to third parties located in countries outside the European Economic Area (EEA), Maggie's Melody will only do this lawfully if the recipient of the data is located in a country that offers an adequate level of protection or if the recipient is a member of a country for which an adequacy decision exists. If this is not the case, Maggie's Melody undertakes to provide additional appropriate guarantees. Data will then only be passed on after a model contract (standard contractual clauses) established by the European Commission has been concluded with this party or on the basis of a code of conduct that has been approved in advance.

 

ARTICLE 8: DURATION OF PROCESSING

Maggie's Melody will not store your personal data for longer than the mandatory legal period prescribes or - if such a legal period does not apply - no longer than is strictly necessary to achieve the purposes for which your personal data was collected, but never longer than ten years after the service.

If the processing of your personal data is based on your prior consent (such as for marketing purposes), this data will be retained for as long as your consent applies.

 

ARTICLE 9: YOUR RIGHTS

Right of access and inspection

You have the right to inspect your personal data free of charge at any time, as well as the use that Maggie's Melody makes of your personal data.

Right of correction, deletion and limitation

You always have the right to request that your personal data be corrected, supplemented or deleted. You may also request to limit the processing of your personal data.

However, you acknowledge that if notification or request for deletion of personal data is refused, certain services may not be available.

Right to object

You also have a right to object to the processing of your personal data for serious and legitimate reasons.

In addition, you always have the right to object to the use of your personal data for direct marketing purposes (commercial purposes). In such a case you do not have to give reasons yourself.

Right of free data transfer

You have the right to receive your personal data processed by Maggie's Melody in a structured, commonly used and machine-readable form and/or to transfer it to other controllers.

Right to withdraw consent

To the extent that the processing is based on your previous consent, you always have the right to withdraw that consent.

Exercising your rights

You can exercise your rights by contacting Maggie's Melody by email or letter using the contact details mentioned above.

Maggie's Melody undertakes to respond to your request within a reasonable period of time.

You also have the right to file a complaint with the Belgian Privacy Commission:

Data Protection Authority

Drukpersstraat 35

1000 BRUSSELS

Tel: +32(0)2 274 48 00

Fax: +32(0)2 274 48 35

Email: [email protected]

 

ARTICLE 10. SECURITY MEASURES AND LIABILITY

Maggie's Melody makes every effort to protect your data and to comply with applicable laws and regulations. It therefore takes various physical, administrative, technical and organizational security measures to protect your data against possible destruction, loss or alteration. To the best of its ability, Maggie's Melody ensures that access to your personal data is only provided to persons for whom this is necessary. Persons who have access to the data are obliged to keep this data confidential. The employees of Maggie's Melody have been informed of the importance of this Privacy Policy. It maintains a username and password policy on its internal systems. Data on paper is kept under lock or in areas to which third parties do not have access.

This concerns a best efforts obligation on behalf of Maggie's Melody. Notwithstanding the aforementioned measures and extensive efforts by Maggie's Melody, its security policy, the checks it carries out and the actions it proposes in this context cannot guarantee an infallible level of security. Since no method of transmission (internet or otherwise), nor any method of electronic storage is one hundred percent secure, Maggie's Melody cannot guarantee absolute security in this context and cannot completely exclude the risks.

However, Maggie's Melody is committed to taking immediate action if an audit reveals that certain aspects of its policies or procedures do not meet applicable standards of reasonable policy.

Under no circumstances can Maggie's Melody be held liable for any direct or indirect damage resulting from incorrect use or negligent action by you when providing your personal data. You are therefore solely responsible for the use made of the website from your computer, IP address and your identification data, as well as for its confidentiality.

Nor can Maggie's Melody be held liable for any direct or indirect damage resulting from incorrect or unlawful use of your personal data by a third party. Maggie's Melody makes no representations or warranties regarding how usage data is stored or used on third party servers.

 

ARTICLE 11: COOKIE POLICY

What are cookies and what are they used for?

Cookies are small files sent by the Maggie's Melody server and placed on the hard drive of your computer. Cookies are used to distinguish your usage preferences from those of other users of the website. This helps to provide you with a better user experience when you visit the website and also allows Maggie's Melody to optimize its website.

This cookie policy provides clear and complete information about the cookies that the Maggie's Melody website uses and their purpose.

Types of cookies

Although there are different types of cookies, distinguished in terms of functionality, origin or retention period, the legislation mainly distinguishes between functional or technically necessary cookies on the one hand and all other cookies on the other.

•  Functional or technically necessary cookies: 

 

These are small text files that are stored on your computer, tablet or smartphone when you first visit the website. This type of cookie is necessary for the technical operation of the website and the ease of use for you as a user. They ensure that the website works properly and remember your preference settings (e.g. language preference). This allows Maggie's Melody to optimize its website. These cookies also ensure that you have access to certain parts of the website. If you refuse these cookies, some parts of the website may not work or will not work optimally.

No permission is required to place these cookies.

Maggie's Melody uses the following functional or technically necessary cookies:

Cookie	Description - Function	Duration
PHPSESSID	This cookie comes from PHP applications. The cookie stores and identifies a user's unique session ID to manage user sessions on the website.	The cookie is a session cookie and is deleted when all browser windows are closed.
visid_incap_*	Incapsula places this cookie to provide cloud services for website security.	1 year
incap_ses_*	This is an Incapsula DDoS Protection and Web Application Firewall cookie used to	During the duration of a session
wpEmojiSettingsSupports	WordPress places this cookie when a user uses emojis on a WordPress site. This determines whether the user's browser can properly display the emojis.	During the duration of a session
intercom.intercom-state-# [x2] (deadline funnel)	This cookie remembers whether the user has minimized or closed the chat box or pop-up messages on the website. This is used to optimize the user experience.	7 days

 

•  Other cookies (e.g.: analytical cookies, advertisement/marketing cookies and tracking cookies):

Analyzing cookies provide knowledge to improve user navigation and ensure that users find what they need faster and easier. These cookies keep track of how often you visit the website, which search engine and search term you use, which link you click, and how long you visit the website. This data allows anonymous statistics to be kept regarding website use by visitors.

Advertisement/marketing cookies are used for marketing purposes, to send you personal messages, advertisements and promotions. Just think of newsletters or offers via partner sites or on social media (Facebook, Instagram, Pinterest). These cookies see which products you view. The data is used to show you relevant content and advertisements.

Tracking cookies follow the internet behavior of visitors over time. Personal interests can be derived from the information about visited websites. Based on this, targeted advertisements can be shown to visitors. Tracking cookies usually collect personal data and therefore these cookies are privacy sensitive. It is therefore mandatory to request permission from the visitor before placing these types of cookies.

Maggie's Melody uses the following other cookies:

Cookie	Description - Function	Duration
_ga_*	Google Analytics places this cookie to store and count page views.	1 year 1 month and 4 days
_ga	Google Analytics sets this cookie to calculate visitor, session and campaign data and track site usage for the site analytics report. The cookie stores information anonymously and assigns a randomly generated number to recognize unique visitors.	1 year 1 month and 4 days
sbjs_migrations	Sourcebuster places this cookie to identify the source of a visit and stores information about user actions in cookies. This analytical and behavioral cookie is used to improve the visitor experience on the website.	During the duration of the session
sbjs_current_add	Sourcebuster places this cookie to identify the source of a visit and stores information about user actions in cookies. This analytical and behavioral cookie is used to improve the visitor experience on the website.	During the duration of the session
sbjs_first_add	Sourcebuster places this cookie to identify the source of a visit and stores information about user actions in cookies. This analytical and behavioral cookie is used to improve the visitor experience on the website.	During the duration of the session
sbjs_current	Sourcebuster places this cookie to identify the source of a visit and stores information about user actions in cookies. This analytical and behavioral cookie is used to improve the visitor experience on the website.	During the duration of the session
sbjs_first	Sourcebuster places this cookie to identify the source of a visit and stores information about user actions in cookies. This analytical and behavioral cookie is used to improve the visitor experience on the website.	During the duration of the session
sbjs_udata	Sourcebuster places this cookie to identify the source of a visit and stores information about user actions in cookies. This analytical and behavioral cookie is used to improve the visitor experience on the website.	During the duration of the session
sbjs_session	Sourcebuster places this cookie to identify the source of a visit and stores information about user actions in cookies. This analytical and behavioral cookie is used to improve the visitor experience on the website.	1 hour

 

For any cookies placed by third parties (including Google Analytics, Facebook, Instagram, Tik tok, Youtube, etc.), Maggie's Melody would like to refer you to the statements made by these parties on their respective websites. Please note: Maggie's Melody has no influence whatsoever on the content of those statements, nor on the content of the cookies of these third parties.

 

Your consent

If Maggie's Melody uses privacy-sensitive cookies, she undertakes to request your permission before using them. This can be done in the following ways:

On your first visit to the website you will be asked whether or not to accept the cookies. You can allow or refuse cookies category by category. You can refuse the installation of cookies by choosing “Refuse cookies” in the pop-up screen when you first use the website.

Please note that disabling cookies may mean that you cannot use certain functionalities of the website.

You can change the cookie settings for the Maggie's Melody website at any time via the hyperlink at the bottom of the website or by changing the configuration parameters of your navigation system.

In addition, you can also delete all information previously stored via the settings of your browser.

 

 

 

Contact

Do you have any questions or remarks?

Please feel free to contact Maggie's Melody at the contact details above.

This Privacy Statement was drawn up on March 14, 2024.

 

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