Last updated: October 2, 2018
© Fundashon pa Planifikashon di Idioma (FPI)
When this policy mentions “Company”, “we,” “us,” “our” or “Data Controller”, it refers to:
We, being an entity located in Curaçao, also comply with European Union’s (“EU”) General Data Protection Regulation (“GDPR”) which came into effect from 25 May 2018.
When this policy mentions “User”, “you, “your” or “Customer”, it refers to data subject in according with the GDPR definitions.
When this policy mentions Fundashon pa Planifikashon di Idioma (FPI), it refers to the website services, created by the Company.
a) Personal data
Personal data means any information relating to an identified or identifiable natural person (“data subject”). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
b) Data subject
Data subject is any identified or identifiable natural person, whose personal data is processed by the controller responsible for the processing.
Processing is any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
d) Restriction of processing
Restriction of processing is the marking of stored personal data with the aim of limiting their processing in the future.
e) Controller or controller responsible for the processing
Controller or controller responsible for the processing is the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.
Consent of the data subject is any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.
Information That Is Being Collected by © Fundashon pa Planifikashon di Idioma (FPI)
We collect, store and use your information so as to implement, develop and provide better and effective services to all our users and for the legitimate interests of us in compliance with applicable law. We only collect the minimal amount of personal data required for the processing.
Fundashon pa Planifikashon di Idioma (FPI) gathers information when you enter onto our website, subscribe or submit forms, register in social media accounts or enter your personal information. Registration with us is optional. However, please keep in mind that you may not be able to use all necessary features offered by Fundashon pa Planifikashon di Idioma (FPI) unless you register with us.
(a) information when you use the website and register during checkout process;
It may include:
• your first name,
• your last name
• company name,
• email address,
• address (including town and country);
• financial information (credit card number, expiration date, CVV)
(b) information you provide us when you contact us;
(c) automatically collected information;
The site of Fundashon pa Planifikashon di Idioma (FPI) gathers type of general information and data when an information subject or computerized system utilizes the site. This general information and data are kept away in the server log files. Gathered information and data might be (1) the version and types of browsers used, (2) the type of electronic device you use, (3) your unique electronic device ID, (4) the operating system used by the accessing system, (5) software and hardware attributes, (6) the website from which an accessing system reaches our website (purported referrers), (7) information about the way you use the website, (8) the sub-sites, (9) the date and time of access to the Internet website, (10) an Internet protocol address (IP address), (11) the Internet service provider of the accessing system.
We may also use the information you provided us to contact you from time to time to provide you with important information, required notices and marketing promotions.
Use of Information While Processing Personal Data
The first and last name you provide may be used for:• your identification
• related service information
The email address information you provide may be used for:
• your identification
• marketing purposes such as sending news regarding updates of product (new products) and/or changes
• related service information
The company name you provide may be used for:
• your identification
• related service information
The phone number you provide may be used for:
• your identification
• marketing purposes
• related service information
The address information may be used for:
• delivery purposes
• marketing purposes such as sending news regarding updates of product (new products) and/or changes
• related service information
• your identification
The financial information you provide may be used for:
• billing purposes
• your identification
Please keep in mind that we don’t store the financial information at our databases. This info is used to make the invoice for the purchase to take place. According to law we can keep records physically of the purchases for tax and investigation purposes of the government.
Data Protection Provisions About The Applications
This website has integrated third-party components of the enterprises and companies like Google that may be used for the purposes listed below.
On this website, the controller has incorporated the segment of Google Analytics (with the anonymizer feature). Google Analytics is a web analytics service that tracks and reports website traffic. Web analytics is the collection, gathering, and analysis of data about the behavior of visitors to websites. A web analysis service collects, inter alia, data about the website from which a person has come (the so-called referrer), which sub-pages were accessed, or how regularly and for what duration a sub-page was seen. Web analytics are for the most part utilized for the advancement and optimization of a website and with a goal to carry out a cost-benefit analysis of Internet advertising. Google Analytics places a cookie on the information technology system of the user. By this particular cookie with specific settings Google is enabled to analyze the use of our website. The cookie is used to store personal information, such as the access time, the location from which the access was made and the frequency of visits of our website by the data subject. With each call-up to one of the individual pages of this Internet site, which is operated by the Fundashon pa Planifikashon di Idioma (FPI) and into which a Google Analytics component was integrated, the Internet browser on your information technology system will automatically submit data through the Google Analytics component for the purpose of online advertising and the settlement of commissions to Google. During this procedure, Google gathers knowledge of personal information such as your IP address which helps to understand the origin of visitors and clicks.
More information available at: https://policies.google.com/privacy, https://www.google.com/analytics/terms/us.html, https://www.google.com/analytics
CX Pay payment gateway
We use third-party payment gateway provided by CX Pay, with its registered offices in Aruba and Curaçao, which responsible for the data processing as stated in privacy statement.
Payments are processed as follows: 1) The customer submits his credit card for payment. 2) CX Pay manages the complex routing of the data on behalf of the merchant through the following steps/entities. 3) CX Pay passes the secure transaction information via a secure connection to the Service Provider (e-payment and – or Talus payment system).
The Merchant Bank’s Processor submits the transaction to the credit card network (like Visa or MasterCard). The credit card network routes the transaction to the bank that issued the credit card to the customer. 4) The issuing bank approves or declines the transaction based on the customer’s available funds and passes the transaction results back to the credit card network.
The credit card network relays the transaction results to the merchant bank’s processor. The processor relays the transaction results to CX Pay. 5) The issuing bank approves or declines the transaction based on the customer’s available funds and passes the transaction results back to the credit card network. The credit card network relays the transaction results to the merchant bank’s processor. The processor relays the transaction results to CX Pay. 6) The merchant delivers goods or services to the buyer. 7) The issuing bank sends the appropriate funds for the transaction to the credit card network, which passes the funds to the merchant’s bank.
The bank then deposits the funds into the merchant’s bank account. This is called ‘settlement’, and typically the transaction funds are deposited into the merchant’s primary bank account within two to four business days.
CX Pay address is: CX Pay B.V.
Chuchubiweg 17, Solideo Building
Curaçao, Dutch Caribbean
CX Pay has taken the following measures to protect your personal data:
– Security software, such as a virus scanner and firewall.
– TLS1.2 or higher (formerly SSL). We send your data via a secure internet connection. You can tell by the “https” address bar and the padlock in the address bar.
– DNSSEC is an additional security (addition to DNS) for converting a domain name (#company_website) to the linked IP address (server name); it is provided with a digital signature. You can have this signature checked automatically. In this way we prevent you from being redirected to a false IP address.
More information about the data processing details during the payment process you can see at the CX Pay official website – https://cxpay.global and CX Pay Privacy Statement – https://cxpay.global/privacy-cookie-statement
Contact Possibility via The Website
The website of the Fundashon pa Planifikashon di Idioma (FPI) contains information that enables a quick electronic contact to our enterprise, as well as direct communication with us, which also includes a general address of the so-called electronic mail (e-mail address). If a data subject contacts the controller by e-mail or via a contact form, the personal data transmitted by the data subject are automatically stored. Such personal data transmitted on a voluntary basis by a data subject to the data controller are stored for the purpose of processing or contacting the data subject. There is no transfer of this personal data to third parties.
On our website you can choose to accept or reject cookies. Furthermore, already set cookies may be deleted at any time via an Internet browser or other software programs. This is possible in all popular Internet browsers. Keep in mind that not accepting cookies may make certain features of the Services unavailable to you.
Your Rights Under GDPR
European General Data Protection Regulation (GDPR), data protection laws give rights to individual data subject such as all data subjects residing in the European Union to any exemptions provided by the law regarding your personal data. This includes:
Rights of the data subject
a) Right of confirmation
Each data subject shall have the right granted by the European legislator to obtain from the controller the confirmation as to whether or not personal data concerning him or her are being processed. If a data subject wishes to avail himself of this right of confirmation, he or she may, at any time, contact any employee of the controller.
b) Right of access
Each data subject shall have the right granted by the European legislator to obtain from the controller free information about his or her personal data stored at any time and a copy of this information. Furthermore, the European directives and regulations grant the data subject access to the following information:
the purposes of the processing;
the categories of personal data concerned;
the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organizations;
where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
the existence of the right to request from the controller rectification or erasure of personal data, or restriction of processing of personal data concerning the data subject, or to object to such processing;
the existence of the right to lodge a complaint with a supervisory authority;
where the personal data are not collected from the data subject, any available information as to their source;
the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) of the GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and envisaged consequences of such processing for the data subject.
Furthermore, the data subject shall have a right to obtain information as to whether personal data are transferred to a third country or to an international organization. Where this is the case, the data subject shall have the right to be informed of the appropriate safeguards relating to the transfer.
If a data subject wishes to avail himself of this right of access, he or she may, at any time, contact any employee of the controller.
c) Right to rectification
Each data subject shall have the right granted by the European legislator to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement.
If a data subject wishes to exercise this right to rectification, he or she may, at any time, contact any employee of the controller.
d) Right to erasure (Right to be forgotten)
Each data subject shall have the right granted by the European legislator to obtain from the controller the erasure of personal data concerning him or her without undue delay, and the controller shall have the obligation to erase personal data without undue delay where one of the following cases applies, as long as the processing is not necessary:
The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
The data subject withdraws consent to which the processing is based according to point (a) of Article 6(1) of the GDPR, or point (a) of Article 9(2) of the GDPR, and where there is no other legal ground for the processing.
The data subject objects to the processing pursuant to Article 21(1) of the GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) of the GDPR.
The personal data have been unlawfully processed.
The personal data must be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject.
The personal data have been collected in relation to the offer of information society services referred to in Article 8(1) of the GDPR.
If one of the aforementioned reasons applies, and a data subject wishes to request the erasure of personal data stored by the Fundashon pa Planifikashon di Idioma (FPI), he or she may, at any time, contact any employee of the controller. An employee of Fundashon pa Planifikashon di Idioma (FPI) shall promptly ensure that the erasure request is complied with immediately.
Where the controller has made personal data public and is obliged pursuant to Article 17(1) to erase the personal data, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform other controllers processing the personal data that the data subject has requested erasure by such controllers of any links to, or copy or replication of, those personal data, as far as processing is not required. An employees of the Fundashon pa Planifikashon di Idioma (FPI) will arrange the necessary measures in individual cases.
e) Right of restriction of processing
Each data subject shall have the right granted by the European legislator to obtain from the controller restriction of processing where one of the following applies:
The accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data.
The processing is unlawful and the data subject opposes the erasure of the personal data and requests instead the restriction of their use instead.
The controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defense of legal claims.
The data subject has objected to processing pursuant to Article 21(1) of the GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.
If one of the aforementioned conditions is met, and a data subject wishes to request the restriction of the processing of personal data stored by the Fundashon pa Planifikashon di Idioma (FPI), he or she may at any time contact any employee of the controller. The employee of the Fundashon pa Planifikashon di Idioma (FPI) will arrange the restriction of the processing.
f) Right to data portability
Each data subject shall have the right granted by the European legislator, to receive the personal data concerning him or her, which was provided to a controller, in a structured, commonly used and machine-readable format. He or she shall have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, as long as the processing is based on consent pursuant to point (a) of Article 6(1) of the GDPR or point (a) of Article 9(2) of the GDPR, or on a contract pursuant to point (b) of Article 6(1) of the GDPR, and the processing is carried out by automated means, as long as the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
Furthermore, in exercising his or her right to data portability pursuant to Article 20(1) of the GDPR, the data subject shall have the right to have personal data transmitted directly from one controller to another, where technically feasible and when doing so does not adversely affect the rights and freedoms of others.
In order to assert the right to data portability, the data subject may at any time contact any employee of the Fundashon pa Planifikashon di Idioma (FPI).
g) Right to object
Each data subject shall have the right granted by the European legislator to object, on grounds relating to his or her particular situation, at any time, to processing of personal data concerning him or her, which is based on point (e) or (f) of Article 6(1) of the GDPR. This also applies to profiling based on these provisions.
The Fundashon pa Planifikashon di Idioma (FPI) shall no longer process the personal data in the event of the objection, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or for the establishment, exercise or defense of legal claims.
If the Fundashon pa Planifikashon di Idioma (FPI) processes personal data for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning him or her for such marketing. This applies to profiling to the extent that it is related to such direct marketing. If the data subject objects to the Fundashon pa Planifikashon di Idioma (FPI) to the processing for direct marketing purposes, the Fundashon pa Planifikashon di Idioma (FPI) will no longer process the personal data for these purposes.
In addition, the data subject has the right, on grounds relating to his or her particular situation, to object to processing of personal data concerning him or her by the Fundashon pa Planifikashon di Idioma (FPI) for scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) of the GDPR, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
In order to exercise the right to object, the data subject may contact any employee of the Fundashon pa Planifikashon di Idioma (FPI). In addition, the data subject is free in the context of the use of information society services, and notwithstanding Directive 2002/58/EC, to use his or her right to object by automated means using technical specifications.
h) Automated individual decision-making, including profiling
Each data subject shall have the right granted by the European legislator not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her, or similarly significantly affects him or her, as long as the decision (1) is not necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) is not authorized by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, or (3) is not based on the data subject’s explicit consent.
If the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) it is based on the data subject’s explicit consent, the Fundashon pa Planifikashon di Idioma (FPI) shall implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and contest the decision.
If the data subject wishes to exercise the rights concerning automated individual decision-making, he or she may, at any time, contact any employee of the Fundashon pa Planifikashon di Idioma (FPI).
i) Right to withdraw data protection consent
Each data subject shall have the right granted by the European legislator to withdraw his or her consent to processing of his or her personal data at any time.
If the data subject wishes to exercise the right to withdraw the consent, he or she may, at any time, contact any employee of the Fundashon pa Planifikashon di Idioma (FPI).
In addition, if you are EU individual you may also have a right to lodge a complaint with a supervisory authority in particular in the Member state of his or her habitual residence.
In case you are not able to access, correct, or delete your personal data or you would like to contact us about one of the other rights, please contact us via email – firstname.lastname@example.org
How Your Personal Information May Be Shared
Your information could be shared or disclosed with third parties only in the limited circumstances mentioned below in this privacy statement or valid legal basis permitted by law.
Legal Requests: as required by law by following applicable legal process such as to comply with governmental requests, a subpoena, or similar legal process;
To Protect Rights, Property, and Others: when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request;
Third Party Vendors: we may share and disclose User provided and Automatically collected information with our trusted services providers who work on our behalf, do not have an independent use of the information and have agreed to adhere to the rules set forth in this privacy statement.
Business Transfers: if Developer Company Name is involved in a merger, acquisition, or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice on our Web site of any change in ownership or uses of this information, as well as any choices you may have regarding this information.
You can request to opt-out directly via email – at email@example.com.
Period of Personal Data Storage, Erasure and Blocking
We may retain User Provided data for as long as you use the website or for as long as it is necessary to fulfill our contractual and legal obligations to achieve objective of storage and the purposes outlined in the policy or as far as this is granted by the European legislator or other legislators in laws or regulations to which the controller is subject to. We may also retain information determined with the respective statutory retention period. If the storage purpose is not applicable, or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data are routinely blocked or erased in accordance with legal requirements. If you’d like us to delete User Provided Data that you have provided via the website, please contact us at firstname.lastname@example.org and we will respond in a reasonable time.
We are concerned about safeguarding the confidentiality of your information. We provide physical, electronic, and procedural safeguards to protect the information we process and maintain against loss, misuse, unauthorized access, disclosure, or alteration. For example, we limit access to this information to authorized employees and contractors who need to know that information in order to operate, develop or improve our services. Please be aware that, although we endeavor to provide reasonable security for information we process and maintain, no security system can prevent all potential security breaches. When you access other websites using our links we cannot be responsible for their privacy policies and practices. In addition to this, take into account that the security of your information also depends on you. Do not share your sensitive information with third-parties and keep it confidential.
In the case of a personal data breach, the controller shall without undue delay and, where feasible, not later than 72 hours after having become aware of it, notify the personal data breach to the supervisory authority and data subject. Regarding the Article 34 GDPR the communication to the data subject mentioned above shall not be required if any of the following conditions are met:
(a) the controller has implemented appropriate technical and organisational protection measures, and those measures were applied to the personal data affected by the personal data breach, in particular those that render the personal data unintelligible to any person who is not authorised to access it, such as encryption;
(b) the controller has taken subsequent measures which ensure that the high risk to the rights and freedoms of data subjects referred to in paragraph 1 is no longer likely to materialise;
(c) it would involve disproportionate effort. In such a case, there shall instead be a public communication or similar measure whereby the data subjects are informed in an equally effective manner.
Our website and/or service has no intention of collecting data about website visitors who are younger than 16 years of age, unless they have permission from parents or guardians. However, we cannot check whether a visitor is over 16 years of age. We recommend, therefore, that parents are involved in their children’s online activities in order to prevent data from being collected about children without parental consent. If you believe that we have collected personal data about a minor without consent, please contact us at email@example.com and we will delete those data.
Legal basis for the processing
Art. 6(1) lit. a GDPR serves as the legal basis for processing operations for which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is the party, as is the case, for example, when processing operations are necessary for the supply of goods or to provide any other service, the processing is based on Article 6(1) lit. b GDPR. The same applies to such processing operations which are necessary for carrying out pre-contractual measures, for example in the case of inquiries concerning our products or services. If our company subject to a legal obligation by which processing of personal data is required, such as for the fulfillment of tax obligations, the processing is based on Art. 6(1) lit. c GDPR. In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or of another natural person. This would be the case, for example, if a visitor were injured in our company and his name, age, health insurance data or other vital information would have to be passed on to a doctor, hospital or other third party. Then the processing would be based on Art. 6(1) lit. d GDPR. Finally, processing operations could be based on Article 6(1) lit. f GDPR. This legal basis is used for processing operations which are not covered by any of the abovementioned legal grounds, if processing is necessary for the purposes of the legitimate interests pursued by our company or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data. Such processing operations are particularly permissible because they have been specifically mentioned by the European legislator. He considered that a legitimate interest could be assumed if the data subject is a client of the controller (Recital 47 Sentence 2 GDPR).
Data Protection Officer
If you have any questions regarding privacy while using the site or have questions about our practices, please contact our Data Protection Officer via email – firstname.lastname@example.org