1.0 Purpose and Scope
1.1 Objective. Invictus Wisdom is committed to protecting the privacy of the users (“Users“) of Deelen. The purpose of this privacy policy (“Privacy Policy“) is to demonstrate this commitment and to inform Users about how Invictus Wisdom processes the personal data (i.e., any information relating to an identified or identifiable natural person) of the Users of Deelen.
Invictus Wisdom is committed to complying with all obligations under applicable data protection laws when processing personal data. IW will continuously monitor the legal framework and, if necessary, update this policy to ensure its compliance with applicable data protection laws in the future.
1.2 Scope. This policy applies to all Users of Deelen.
2.0 Data Controller
The data controller is Invictus Wisdom S.à r.l.-S, a Luxembourg company with the address 4, Rue Pierre Blanc, L – 1241 Luxembourg, registered with the Luxembourg Trade and Companies Register under number B292756 (“IW“).
3.0 Data Protection Officer Contact Information
The contact details of IW’s Data Protection Officer are as follows: bharti.sharmaarias@deelen.lu
4.0 Purposes, Personal Data and Legal Bases of Processing
IW processes personal data for the following purposes and relies on the legal bases listed below. Where applicable, the legitimate interest is also mentioned in the table below. The legal bases are as follows:
- Performance of a contract between the Users of Deelen and IW (i.e., the terms and conditions governing the use of Deelen) (Art. 6 (1) (b) GDPR); and
- Legitimate interests of IW (Art. 6 (1) (f) GDPR).
| No. | Purposes for processing | Legal Bases | Legitimate interests (if applicable) | Personal data processed |
|---|---|---|---|---|
| 1 | Operation of the website and performance of the services by IW through Deelen | Performance of a contract and, in case of the absence of any contract, legitimate interests of IW | Legitimate interests of IW tor provide a well-functioning webpage at the requests of the Users. |
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| 2 | Marketing. Sending of similar offers through Deelen by email that the Users may have consulted and sending of email relating to reminder to use Deelen | Consent | N/A |
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| 3 | Optimization of the platform and the user experience | Legitimate interests of IW | Legitimate interests of IW to improve Deelen in order to offer better services to Users and to correct bugs. |
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| 4 | Anti-fraud check | Legitimate interests of IW | Legitimate interests of IW to combat fraud on Deelen |
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Personal data is directly collected from Users when registering and using Deelen. Generally, Users are not required to provide personal data, except as indicated in the registration form or within the framework of anti-fraud checks, in which case it is a contractual requirement and Users cannot benefit from the Services without such data.
5.0 Recipients of Personal Data
IW may share Users’ personal data with the following categories of recipients:
5.1 Processors
IW shares Users’ personal data with service providers who process personal data on behalf of IW and according to IW’s instructions, as “processors,” for the purpose of providing their professional services to IW, such as:
- Amyma Web S.à r.l. and Hetzner Online GmbH, Web Hosting Service Providers;
- Keesing Reference Systems B.V., ID Verification provider;
- Stripe, Payment Service Provider;
- Paypal, Payment Service Provider;
- Google, Hosting Service Provider;
- Microsoft, Hosting Service Provider;
- Various service providers at the request of Users, such as delivery services, laundry services.
5.2 Third Parties
IW may share the User’s personal data with the following third parties or categories of third parties:
- Other Users: identification data and products ordered by Users, only to effect a sale or rental between Users on Deelen.
6.0 Transfers to Third Countries
Some recipients of Users’ personal data may be located outside the EEA and in countries that do not offer a level of protection equivalent to that granted within the EEA. When personal data is transferred outside the EEA, IW will ensure, in accordance with the law, that Users’ rights are adequately protected, either because the European Commission has decided that the country to which the personal data is transferred ensures an adequate level of protection (Art. 45 GDPR), or because the transfer is subject to appropriate safeguards through the conclusion of standard contractual clauses for data protection of the European Union with the recipient (Art. 46 GDPR), unless the GDPR provides for an exception (Art. 49 GDPR). In addition, IW will agree, if necessary, on additional measures with the recipients to ensure an adequate level of data protection. Copies of the standard data protection clauses agreed with the recipients can be requested at info@deelen.lu.
The list of countries outside the EEA to which Users’ personal data may be transferred is below:
- United States of America, under the Data Privacy Framework and the Standard Contractual Clauses.
7.0 Retention of Personal Data
IW generally retains Users’ personal data for a maximum of ten years from the end of the contractual relationship between IW and such Users or, in the case of personal data not necessary for providing the services through Deelen, twelve months. Data related to anti-fraud check shall only be kept for the duration of the check, not to exceed twelve months. These retention periods may be exceeded if it is necessary for IW to comply with legal retention periods (e.g., accounting documents up to 10 years from the end of the financial year) or to establish, exercise, or defend legal claims.
8.0 Users’ Rights as Data Subjects
8.1 Right of Access. Users may request information about the processing of their personal data and a copy of the personal data being processed, provided that this copy does not infringe on the rights and freedoms of others.
8.2 Right to Rectification. Users may request that inaccurate personal data concerning them be corrected and/or completed if it is incomplete.
8.3 Right to Erasure. Users may request the erasure of personal data concerning them, particularly when (i) the personal data is no longer necessary for the purposes for which it was collected or otherwise processed, (ii) the User has objected to the processing and there are no overriding legitimate grounds for the processing, (iii) the personal data has been unlawfully processed, or (iv) the personal data must be erased to comply with a legal obligation to which IW is subject. However, the right to erasure does not apply when the processing of a User’s personal data is necessary for IW to comply with a legal obligation or to establish, exercise, or defend legal claims.
8.4 Restriction of Processing. Users may request the restriction of processing (i) during the period in which IW verifies the accuracy of a User’s personal data if the accuracy of the personal data has been contested by the User, (ii) when the processing is unlawful and the User requests the restriction of processing instead of the erasure of the data, (iii) when IW no longer needs the personal data, but it is required by the User for the establishment, exercise, or defence of legal claims, or (iv) when the User has objected to the processing, until it has been verified whether IW’s legitimate grounds override the User’s interests, rights, and freedoms.
8.5 Right to Data Portability. Users may request to receive the personal data concerning them, which they have provided to IW, in a structured, commonly used, and machine-readable format, and to transmit this data to another data controller without hindrance from IW, where the processing is based on consent or a contract and the processing is carried out by automated means; Users may also request that the personal data be transmitted directly to another data controller where technically feasible (data portability).
8.6 Right to Withdraw Consent. Users may withdraw their consent at any time where the processing is based on their consent, without affecting the lawfulness of processing based on consent before its withdrawal.
8.7 Right to Object.
Right to Object
Users have the right to object, on grounds relating to their particular situation, at any time to the processing of personal data concerning them which is based on the legitimate interests of IW or third parties.
IW will no longer process the User’s personal data for the purpose to which the User has objected, unless IW can demonstrate compelling legitimate grounds for the processing which override the User’s interests, rights, and freedoms or for the establishment, exercise, or defence of legal claims. Furthermore, where personal data is processed for direct marketing purposes, Users have the right to object at any time to the processing of personal data concerning them for such marketing purposes, which includes profiling to the extent that it is related to such direct marketing.
8.8 Right to Lodge a Complaint. Users may lodge a complaint with a supervisory authority, particularly in the Member State of their habitual residence, place of work, or place of the alleged infringement, if they consider that the processing of personal data concerning them infringes the GDPR.
Users can address their requests to exercise the rights described in points 8.1 to 8.7 to complaints@deelen.lu.
9.0 Contact Person
If you have any questions or concerns regarding this policy or data protection matters in general, please contact: info@deelen.lu. Deelen commits to responding within a reasonable timeframe, in compliance with applicable regulations.
10.0 Changes to this Policy
IW reserves the right to amend or modify this notice at any time to ensure compliance with applicable laws. IW will inform the Users of any substantial changes to this policy.
Original Date:
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Date of Revision:
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