Privacy Statement

Information on data processing in accordance with Articles 13 and 14 of the General Data Protection Regulation (GDPR)


Data protection information

We are especially committed to the protection of your personal data. We process your personal data (abbreviated to “data”) exclusively based on the statutory regulations. This data protection policy is designed to provide you with comprehensive information on how your data is processed by our company and your rights and claims under data protection law.


1. Who is responsible for processing your data and whom can you contact?

BeARTENDER is a brand that is owned by Dirafrost Frozen Fruit Industry. You can find this privacy statement as well on the dirafrost website here.

Responsible for data processing:
Dirafrost FFI
Klaverbladstraat 11
3560 Lummen
+32 13 55 27 01
Email: info@dirafrost.be

For questions and concerns, please contact:
Dirafrost FFI
Klaverbladstraat 11
3560 Lummen
+32 13 55 27 01
Email: info@dirafrost.be

2. What data is processed and what sources does this data originate from?

We process data received from you in the course of initiating and establishing a business relation-ship. We also process data from companies with which we have an ongoing business relationship.

The following personal data is processed when you use the contact form on our website:
• First name, last name, email address, department, company, industry and country.

The following personal data is processed for the purposes of the BeARTENDER Newsletter:
• First name, last name, email address, country, industry, role and company.

We process the following personal data when requesting samples:
• Last name, first name, email address, industry, role, company and country. By applying this form, you agree that we are allowed to directly contact you.

The following personal data is processed when you download a specification on our website:
• First name, last name, email address, industry, role, company and country.

If you participate in one of our competitions, we process the personal data you have submitted via Facebook or the competition form:
• Salutation, title, first name, last name, email address, street, city, zip code and country. By participating our competitions, you agree that we are allowed to directly contact you.

All details regarding the application process can be found here.

3. For what purposes and on what legal basis is the data processed?

We process your data in accordance with the legal provisions:

• The personal data that you submit to us via the contact form will only be used to respond to your inquiry or first contact and for the associated technical administration.

• Dirafrost FFI uses the addresses provided for the BeARTENDER Newsletter to send you information about products, food trends and the latest news regarding our company via email.

• We use the information provided by you in the context of the download of a specification in order to know who is visiting our website and who is interested in our products. By down-loading a specification, you agree that we are allowed to contact you through the data you provided. Your data will not be used for any other purposes.

• The personal data that you submit to us in the context of requesting a sample is only used to know who is requesting a sample and what business opportunities there could be. By re-questing a sample, you agree that we are allowed to contact you. We need information about your company so that the right person can contact you for business opportunities.

• We use the information provided by you in the context of a competition in order to carry out the respective competition. The respective Terms and Conditions of Participation for each competition will be listed separately.

• To fulfil our (pre-)contractual obligations (Art 6 Abs. 1lit.b GDPR):
Your data will be processed for the purposes of the sales and distribution of our goods and services, for sourcing and logistics, and for customer management and analysis. The data will be processed in particular during the business relationship initiation phase and in the perfor-mance of contracts concluded with you.

• To fulfil our legal obligations (Art 6 Abs. 1lit.c GDPR):
Processing your data is necessary for the fulfilment of various legal obligations set forth in from the GDPR.

• To safeguard legitimate interests (Art 6 Abs. 1 lit.f GDPR):
After undertaking a balance of interests, we may process your data beyond the extent neces-sary for the performance of the contract in order to safeguard our own or a third party’s le-gitimate interests. In the following cases, data processing takes place to safeguard legitimate interests, e.g.:

- advertising or marketing,
- business management measures and measures undertaken to refine products and services,
- administration of a customer database to improve customer services,
- measures undertaken for protection from unlawful actions or violations of the contract,
- in the course of legal proceedings.

• By your consent (Art 6 Abs. 1lit.a GDPR):
If you have consented to having your data processed by us, the data will be processed exclu-sively in accordance with the purposes listed and the scope agreed upon in your declaration of consent. A declaration of consent, e.g. to be sent our newsletter, may be revoked at any time with future effect, provided that this is not contravened by legitimate interests such as retention periods. In this event, please contact us via the email address provided under Point 1 or, in the case of the BeARTENDER Newsletter, the contact address provided under Point 11.

4. Who receives your data?

Your personal data may be processed by Dirafrost FFI or by its mother company AGRANA Be-teiligungs-AG, AGRANA Fruit SAS and AGRANA Fruit Services GmbH. Your personal data will not be published in any other context.

The data will be processed and used insofar as this is necessary for the performance of our con-tractual obligations. It may be necessary, on a case-by-case basis, to pass your data on to third parties (esp. our contracted processors) in order to achieve the desired goals. This might include that we could pass your data to distributors of our products. This will only hap-pen if your request can be fulfilled by our distributor and not by us.

If we commission a contracted processor, we will nonetheless remain responsible for the protection of your data. All contracted processors are under contractual obligation to keep your data confiden-tial and to process these data within the scope of the performance of services. The contracted pro-cessors commissioned by Dirafrost FFI will only receive your data if these data are necessary to provide the respective services. These are e.g.:
• IT service providers required for the operation and security of our IT systems
• Service providers commissioned for programming and maintenance of our website / applicant database / newsletter programme / customer database / Customer Relationship Management programme
• Shipping partners commissioned to deliver samples

In addition, AGRANA may be legally obliged to disclose your data if this is necessary for the estab-lishment, exercise or defence of the client's legal claims before legal authorities.

5. How long will your data be stored?

• If you submit the filled out contact form on our website to send us your personal data, your data will be deleted after we have processed your inquiry and if the sales process is no long-er improving. Your data will be deleted by last two years after the last contact.

• The data you send us to download a product specification on our website will be deleted if the sales process is no longer improving. Your data will be deleted by last two years after the last contact.

• If you request a sample, the data you provided for this will be deleted by last two years after the request.

• The data you send us for the BeARTENDER Newsletter will be stored until you revoke your permission for storage. You can cancel your Newsletter subscription directly via a link provid-ed in the newsletter. If there would we any problems to unsubscribe, you can always contact Dirafrost FFI directly with the data under point 1.

• If you have participated in one of our competitions, your data will be stored until the com-petition deadline has expired and will be deleted by last 4 weeks after the prize has been awarded.

6. What are your data protection rights?

You have the right of information, the right to rectification, erasure or restriction of the processing of your stored data, the right to object to the processing of your data, the right to data portability, and the right of legal complaint in accordance with the provisions of the Data Protection Law, at any time.

Right of information:
You have the right to obtain information from us concerning whether and to what extent we pro-cess your data.

Right to rectification:
If we process data that is incomplete or incorrect, you shall have the right to obtain rectification or completion of this data from us at any time.

Right to erasure:
You have the right to obtain from us the erasure of your data in the event that we have unlawfully processed this data or if processing this data constitutes a disproportionate infringement of your legitimate interests. Please note that immediate erasure may be barred on some grounds, e.g. statutory retention provisions.

Right to restriction of processing:
You have the right to obtain restriction of processing your data if
• you contest the accuracy of the data, for a period enabling us to verify the accuracy of the data,
• the processing is unlawful, and you however oppose the erasure of the data and request the restriction of their use instead,
• we no longer need the data for the intended purposes, but you require these data for the es-tablishment, exercise or defence of legal claims, or
• you have objected to the processing of the data.

Right to data portability:
You have the right to receive the data, which you have provided to us, in a structured, commonly used and machine-readable format and have the right to transmit these data to another responsible party without hindrance from us, provided that
• we process these data on the basis of a revocable declaration of consent provided by you or to perform a contract concluded between us, and
• the processing is carried out by automated means.

If technically feasible, you have the right to have your data transmitted directly to another respon-sible party by us.

Right to object:
If we process your data on the basis of legitimate interests, you have the right to object to this processing, on grounds relating to your particular situation, at any time. We shall then no longer process your data unless we can demonstrate compelling, legitimate grounds for the processing which override your interests, rights and freedoms or for the establishment, exercise or defence of legal claims. You have the right to object to the processing of your data for direct marketing pur-poses at any time, without stating a reason.

Right of complaint:
If you believe that we are processing your data in violation of Austrian or European data protection law, please contact us via the email address info@dirafrost.be to clear up any questions.

In cases of doubt, we may request additional information to confirm your identity. This serves to protect your rights and your privacy.

You have the right to raise a complaint with the
Commissie voor de bescherming van de persoonlijke levenssfeer
[Belgian Data Protection Authority]
Drukpersstraat 35
1000 Brussel
Telephone: +32 (0)2 274 48 00
Email: commission(at)privacycommission.be

or a national supervisory authority within the EU.

7. Are you under any obligation to provide data?

Processing your data is necessary for the conclusion and performance of your contract with us. If you do not provide this data, we will, as a rule, be forced to refuse to conclude the contract, or to execute the order or will be unable to continue to fulfil an existing contract and, in consequence, be forced to terminate it. You are, however, not obliged to consent to the processing of data that is not relevant to contract performance or not required by law.

8. Application data

If you send us an application, your application data will be made available solely to those persons who are both authorised and involved in the application process.
More information regarding the processing of your data within the scope of the application process can be found here.

9. Cookies and tracking tools

Cookies

Our website uses so-called “cookies”. These are small text files which are stored on your terminal device with the aid of the browser. We use cookies to make our services more user-friendly. Some cookies remain stored on your terminal device even after leaving our website until you delete them. They allow us to recognize your browser again on your next visit.
If you do not agree to this, you can set up your browser to inform you whenever cookies are to be set and agree to this only on a case-by-case basis. The necessary settings differ depending on the browser and the terminal device, they usually can be found in the ‘Support’ of the device or brows-er.
Deactivating cookies may limit the functionality of our website.
Tracking tools and the use of Google Analytics

Analysis tools are used on our website to collect general information on visitors' usage patterns. This comprises, for example, pages viewed, viewing time, linking pages and general information about your computer system, such as your operating system, screen resolution, browser used, etc. All collected data is stored anonymously and cannot be attributed to you personally. If you do not agree with this anonymised detection of your usage patterns, you can prevent this by deactivating cookies in your browser.
This Internet page also uses Google Analytics, an Internet analysis service provided by Google. Google Analytics uses cookies that enable the analysis of your usage of the website.

The information generated by the cookies concerning your usage of this website (including your IP address) will be transmitted to a Google server in the USA and stored there. Google will use this information to evaluate your usage of the website, to compile reports on website activities, and to provide other services related to the usage of the website and of the Internet. Google may also pass on this information to third parties insofar as this is required by law or insofar as third parties process this data on Google’s behalf. You can prevent cookies from being installed by changing the appropriate settings in your browser software; however please be aware that, in this case, you may not be able to make full use of all the functions our website offers. By using this website, you con-sent to the processing of data collected about you by Google in the manner and for the purposes set out above.

We hereby inform you that this website uses Google Analytics exclusively in combination with a deactivation add-on “_anonymizeIp()”. Your IP address will not be completely stored. The identifi-cation by the IP address of the user of the website by Google Analytics is thereby excluded.
You can object to this by installing the browser add-on for the deactivation of Google Analytics (http://tools.google.com/dlpage/gaoptout?hl=de). This informs Google Analytics that no information regarding your usage of the website may be transmitted to Google Analytics. We will not use track-ing tools to collect personal data about you without your being aware of this
• without your express permission, or
• transmit any such data to third-party providers and marketing platforms or
• link the data to your personal data (name, address, etc.).

10. Use of social sharing

We do not use plugins for the respective social media services for social sharing functionalities. In-stead, we merely set a text or graphics link. These do not transmit any data, such as your IP ad-dress, browser used, screen resolution, websites viewed, date and time, to the respective social media services.
These links look something like this: https://www.facebook.com/sharer/sharer.php?u=http%3A//www.agrana.com

If you click on a social sharing link while logged into your respective social media account, you can share the contents of our pages on your profile. This allows the social media service to assign your visit to our pages to your user account. Please note that as the provider of the pages, we are in-formed of neither the content of the transmitted data nor their use by Facebook.

11. Newsletter

You can subscribe to our BeARTENDER Newsletter via our website. You can cancel your subscription to the newsletter at any time via a direct link in the newsletter itself. If there occur any problems with the subscription, send an email to info@dirafrost.be. We will then manually delete your data from our newsletter mailing list.

The information generated to send you newsletters, will be transmitted to a MailChimp server in the USA and stored there. MailChimp will use this information to send you newsletters and to track your behaviour towards our mails (opening rate, click rate, clicked links). MailChimp may also pass on this information to third parties insofar as this is required by law or insofar as third parties pro-cess this data on MailChimp’s behalf. If you do not agree with MailChimp storing your data, please unsubscribe or directly contact us via the data under point 1.