1. Legal notice
Company name: ncbham
Person in charge: Mauro Brigham
Head office address: Rue de l’Hôtel des Monnaies 66 Munthofstraat, 1060 Brussels
Phone: +32 2 538 60 13
Company registration number: TVA BE0503 770 983
Company name: Bullseye
Person in charge: Pedro Amaral
Head office address: Rua 28 de Janeiro, 350, CC1 4400-335 Vila Nova de Gaia
Phone: +351 224 013 565
Site host: OVH
Head office address: 2 rue Kellermann – F-59100 Roubaix
The purpose of this clause is to define the various essential terms of the contract:
User: any person who uses the site or any of the services offered by the site
User content: the data transmitted by the User within the site.
Client: any professional or natural person or legal entity that visits the site covered by these General Terms and Conditions.
Benefits and Services: http://www.ncbham.be, make the following available to Clients:
Content: all elements making up the information on the Site, namely texts – images – videos.
Client information: hereinafter referred to as “Information” which refers to all personal data that may be held by http://www.ncbham.be for account management, customer relationship management and for analysis and statistics purposes.
Personal information: “Information that enables, in any form whatsoever, directly or indirectly, the identification the natural persons to whom it applies”.
The terms “personal data”, “data subject”, “processor” and “sensitive data” have the meaning defined by the General Data Protection Regulations (GDPR).
3. General terms and conditions of use of the site and the services offered
The Site is an intellectual work protected by the provisions of the Belgian Economic Law Code (book XI)
and applicable international regulations. The Client may not in any way reuse, transfer or exploit for its own account all or part of the elements or works of the Site.
The access to and/or use of the Site implies acceptance, with immediate effect, of the General Terms and Conditions described below and any amendments thereto.
The site gives the User free access to the following services: Services overview and/or Ordering services or equipment.
The site is accessible free of charge in any place to any User with internet access. All costs incurred by the User to access the service (hardware, software, Internet connection, etc.) are at his/her expense.
The site uses all means at its disposal to ensure quality access to its services. This is a best endeavours obligation and the site does not commit itself to achieving this result.
Any event caused by a case of force majeure resulting in a malfunction of the network or server does not entail ncbham’s responsibility.
The User can contact the site by e-mail at: firstname.lastname@example.org
4. Description of the services provided
The website http://www.ncbham.be aims to provide information about all of the activities of ncbham and strives to provide the most accurate information possible on the website http://www.ncbham.be. However, it cannot be held responsible for omissions, inaccuracies and shortcomings in the updating of this information, whether caused by itself or by third party partners that provide it with this information.
All of the information on the site http://www.ncbham.be is non-binding and may change. In addition, the information on http://www.ncbham.be is not exhaustive. It is provided subject to modifications that have been made since the information was put online.
At any time, access to the site’s services may be interrupted, suspended or modified without notice for maintenance purposes or for any other reason. The User agrees not to claim any compensation following the interruption, suspension or modification of this contract.
5. Contractual limitations on technical data
In addition, users of the site agree to access the site using recent, virus-free equipment and an up-to-date browser. The site http://www.ncbham.be is hosted by a service provider on the territory of the European Union in accordance with the provisions of the General Data Protection Regulations (GDPR: no. 2016-679).
The aim is to provide a service that ensures the best accessibility rate. The host ensures continuity of its service 24 hours a day, every day of the year. However, it reserves the right to interrupt the hosting service for very short periods of time, in particular for maintenance, infrastructure improvement, infrastructure failure or if the Benefits and Services generate traffic deemed abnormal. http://www.ncbham.be and the host cannot be held liable in the event of malfunction of internet networks, telephone lines or computer and telephone equipment caused in particular by network congestion that prevents access to the server.
6. Intellectual property and counterfeiting
Trademarks, logos, symbols and any other content on the site are protected by the Belgian Economic Law Code (book XI) and more specifically by copyright law.
The User seeks prior authorisation from the site for any reproduction, publication or copy of the various contents.
The User agrees to use the contents of the site in a strictly private context. Any use of content for commercial purposes is strictly prohibited.
Any content published online by the User is the sole responsibility of the User. The User agrees not to publish any content online that may harm the interests of third parties. Any legal action brought by an injured third party against the site will be the responsibility of the User.
The User’s content may be deleted or modified by the site at any time and for any reason. The User will not receive any justification and notification prior to the deletion or modification of the User’s content. ncbham is the owner of the intellectual property rights and holds the user rights on all elements accessible on the website, including texts, images, graphics, logos, videos, icons and sounds. Any reproduction, representation, modification, publication, adaptation of all or part of the elements of the site, whatever the means or process used, is prohibited, unless prior written authorisation is obtained from http://www.ncbham.be.
Any unauthorised use of the site or any of the elements it contains will be considered as an infringement and prosecuted in accordance with the provisions of the Belgian Economic Law Code (book XI).
7. Liability and force majeure
Sources of the information published on the site are considered to be reliable. However, the site does not warrant the reliability of sources. Information provided on the site is for information purposes only. Accordingly, the User alone assumes full responsibility for the use of the information and content of this site.
The site must receive compensation for any use of the service by the User that directly or indirectly results in damage.
The site does not guarantee optimal security and confidentiality of the data transmitted. However, the site commits itself to implementing all necessary means in order to guarantee the best security and confidentiality of the data.
The site cannot be held liable in the event of a case of force majeure or an unforeseeable and insurmountable act by a third party. ncbham acts as the publisher of the site. http://www.ncbham.be is responsible for the quality and accuracy of the Content it publishes.
Ncbham cannot be held responsible for any direct or indirect damage caused to the user’s equipment when accessing the http://www.ncbham.be website, resulting either from the use of equipment that does not meet the specifications indicated in the above points, or from any bug or incompatibility that may occur. ncbham can also not be held responsible for indirect damages (such as loss of market or loss of opportunity) resulting from the use of the site http://www.ncbham.be. Interactive spaces (possibility to ask questions in the contact area) are available to users. ncbham reserves the right to delete, without prior notice, any content uploaded to this space that contravenes legislation applicable in Belgium, in particular provisions relating to data protection. If necessary, ncbham also reserves the right to introduce civil and/or criminal proceedings against the user, in particular in case of a racist, abusive, defamatory or pornographic message, regardless of the medium used (text, photography, etc.).
8. Hyperlinks, cookies and internet tags
The site http://www.ncbham.be contains a number of hyperlinks to other sites, set up with the authorisation of ncbham.
However, ncbham is not able to verify the content of sites accessed in this way and accordingly assumes no responsibility in this respect.
Unless you decide to disable cookies, you allow the site to use them. You can deactivate these cookies at any time and free of charge using the deactivation options offered to you and mentioned below, knowing that this may reduce or prevent accessibility to all or part of the Services offered by the site.
A cookie is a small information file sent to the User’s browser and stored on the User’s device (e.g. computer, smartphone), (hereinafter “Cookies”). This file includes information such as the User’s domain name, the User’s internet service provider, the User’s operating system, and the date and time of access. Cookies do not risk damaging the User’s device in any way.
ncbham may process User information relating to their visit to the Site, such as the pages consulted and the searches carried out. This information allows ncbham to improve the content of the Site and the User experience.
As Cookies facilitate the navigation and/or provision of the services offered by the Site, Users can configure their browsers to enable them to decide whether or not to accept Cookies, which will then be are stored in the terminal or, on the contrary, to reject them, either systematically or depending on their issuer. Users can also configure their browsers to accept or reject Cookies from time to time, before a Cookie can be stored on their devices. http://www.ncbham.be informs the User that, in this case, all of the features of their browser software may not be available.
Users who decline to accept Cookies on their devices or browsers or that delete Cookies registered on their devices or browsers, are informed that their browsing experience on the Site may be limited. This could also be the case when http://www.ncbham.be or one of its service providers cannot recognise, for technical compatibility purposes, the type of browser used by the device, the language and display settings or the country from which the device appears to be connected to the Internet.
Should this be the case, ncbham declines all liability for consequences linked to a sub-standard performance of the Site and any services offered by http://www.ncbham.be, resulting from (i) the refusal of Cookies by the User (ii) the impossibility for http://www.ncbham.be to record or consult the Cookies necessary for their operation because of the User’s choice. Regarding Cookie and User choice management, each browser has a different configuration. This is described in the browser’s help menu, which explains how User can change their Cookies preferences.
At any time, Users may choose to express and modify their preferences regarding Cookies. http://www.ncbham.be may also use the services of external service providers to help collect and process the information described in this section.
These types of cookies are only saved on your devices if you consent to them, by continuing to browse the website or the mobile application of http://www.ncbham.be. However, at any time, Users may withdraw their consent for http://www.ncbham.be to save this type of Cookie.
http://www.ncbham.be may occasionally use internet tags (also known as action tags, single-pixel gifs, transparent GIFs, invisible GIFs and one-to-one GIFs) and deploy them through a web analytics partner who may be located (and therefore store the corresponding information, including the user’s IP address) in a foreign country.
These tags are placed both in online advertisements allowing internet users to access the Site, and on the various pages of the Site.
This technology allows http://www.ncbham.be to evaluate visitors’ responses to the Site and the effectiveness of its actions (for instance, the number of times a page is opened and the information consulted), as well as the User’s use of this Site.
The external service provider may collect information about visitors to the Site and other websites through these tags, compile reports on the activity of the Site for http://www.ncbham.be, and provide other services related to the use of the Site and the internet.
The Client is informed of the regulations concerning the General Data Protection Regulations (GPDR: No. 2016-679).
Person responsible for collecting personal data
For Personal Data collected in the context of creating the User’s personal account and browsing the Site, the person responsible for processing the Personal Data is: ncbham. http://www.ncbham.be, represented by Mauro Brigham, its legal representative.
As the person responsible for processing the data it collects, http://www.ncbham.be undertakes to comply with statutory provisions in force. Specifically, it is the Client’s responsibility to determine the objectives of its data processing, to provide its prospects and clients, based on their consent, with full information on the processing of their personal data and to maintain a processing register that corresponds to reality. Whenever http://www.ncbham.be processes Personal Data, http://www.ncbham.be takes all reasonable measures to ensure that the Personal Data is accurate and relevant to the purposes for which http://www.ncbham.be processes it.
Purpose of the collected data
http://www.ncbham.be may process all or part of the data:
– to allow users to browse the Site and manage and track the benefits and services ordered by them: login and site usage data, invoicing, order history, etc.
– to prevent and combat computer fraud (spamming, hacking, etc.): computer equipment used for browsing, IP address, password (hashed)
– to improve browsing on the Site: login and usage data
– to conduct optional satisfaction surveys on http://www.ncbham.be: email address
– to conduct communication campaigns (text message, email): phone number, email address
http://www.ncbham.be does not sell your personal data, which is only used out of necessity or for statistical and analytical purposes.
Right of access, rectification and opposition
In accordance with current European regulations, http://www.ncbham.be Users have the following rights:
– right of access (Article 15 GDPR) and rectification (Article 16 GDPR), updating, completeness of Users’ data, right to block or delete Users’ personal data (Article 17 GDPR) when they are inaccurate, incomplete, ambiguous, outdated, or of which the collection, use, communication or storage is prohibited
– right to withdraw consent at any time (Article 13-2c GDPR)
– right to limit the treatment of User data (Article 18 GDPR)
– right to object to the treatment of User data (Article 21 GDPR)
– right to portability of the data provided by Users, when such data are processed automatically on the basis of their consent or a contract (Article 20 GDPR)
– right to define the treatment of a User’s data after their death and to choose to whom http://www.ncbham.be must communicate (or not) its data to a third party it has previously designated.
As soon as http://www.ncbham.be becomes aware of a User’s death and in the absence of instructions from him/her, http://www.ncbham.be commits to destroy this data, unless their storage is necessary for evidential purposes or to meet a legal obligation.
If Users wish to know how http://www.ncbham.be uses their Personal Data, to request a correction or to object to its processing, they can contact http://www.ncbham.be in writing at the following address: ncbham – Mauro Brigham – rue de l’Hôtel des Monnaies 66 Munthofstraat, 1060 Brussels – Belgium.
Users must indicate the Personal Data they would like http://www.ncbham.be to correct, update or delete, by precisely identifying themselves with a copy of an identity document (identity card or passport).
Requests for deletion of Personal Data will be subject to the obligations imposed by law on http://www.ncbham.be, notably in terms of conservation or archiving of documents. Lastly, http://www.ncbham.be Users may file a complaint with the supervisory authorities, specifically the Privacy Commission.
If any request of the Client requires Ncbham to take additional steps beyond those directly imposed on Ncbham by the Data Protection Legislation, the client shall reimburse Proximus for any costs incurred by Proximus for taking such additional steps.
Non-communication of personal data
http://www.ncbham.be shall not process, host or transfer any Information collected about its Clients to a country outside the European Union or recognised as “unsuitable” by the European Commission without first informing the client. Nonetheless, http://www.ncbham.be is free to choose its technical and commercial subcontractors on condition that they provide sufficient guarantees regarding the requirements of the General Data Protection Regulations (GDPR no. 2016-679).
http://www.ncbham.be commits to take all necessary precautions to preserve the security of the Information and specifically that it will not be communicated to unauthorised persons. However, if an incident affecting the integrity or confidentiality of Client Information is brought to the attention of http://www.ncbham.be, it must notify the Client as soon as possible and inform him/her of the corrective measures taken. In addition, http://www.ncbham.be does not collect any “sensitive data”.
The User’s Personal Data may be processed by subsidiaries of http://www.ncbham.be and subcontractors (service providers) exclusively for the purposes of this policy.
Within the limits of their respective attributions and for the purposes mentioned above, the main individuals likely to have access to the data of http://www.ncbham.be Users are generally the staff of our customer service department.
Ncbham only collects personal information relating to Users for the purpose of certain services, in particular through contact forms or quotation request forms. The collected data consists only of information encoded by the User and visible on the latter’s screen. Users provides this information in full knowledge of the facts, particularly when they enter it themselves.
The collected data are only used for the purpose of making contact or processing orders. The data are only kept for the time necessary to make contact or process the order.
No personal information is published without the knowledge of the site User, nor is it exchanged, transferred, assigned or sold on any medium to third parties.
In general, any User also has the right to file a complaint with a supervisory authority. The supervisory authority in Belgium is the Commission for the Protection of Privacy.
10. Incident notification
Regardless of the efforts made, no internet transmission method and no electronic storage method is completely secure. Accordingly, we cannot guarantee absolute security.
If we discover a security breach, we will notify the Users concerned so that they can take appropriate action.
Our incident notification procedures take into account our legal obligations, whether at a national or European level. We are committed to fully informing our clients of all matters relating to the security of their accounts and to providing them with all information necessary to help them comply with their own regulatory reporting obligations.
No personal information of any User of the http://www.ncbham.be website is published, exchanged, transferred, assigned or sold on any medium to third parties without his/her knowledge. Only in the hypothetical case of an acquisition of http://www.ncbham.be and its rights would allow the transmission of this information to the potential purchaser, who would in turn be bound by the same obligation to store and modify the data with regard to the User of the http://www.ncbham.be website.
To ensure the security and confidentiality of Personal Data, http://www.ncbham.be uses networks protected by standard devices such as firewalls, pseudonymisation, encryption and passwords.
When processing Personal Data, http://www.ncbham.be takes all reasonable measures to protect it from loss, misuse, unauthorised access, disclosure, alteration or destruction.
12. Amendment of the contract
These terms and conditions of use may be modified or expanded at any time, so users of the http://www.ncbham.be website are invited to consult them on a regular basis.
Similarly, the legal notice may be modified at any time: it is nonetheless binding on users, who are invited to consult it as often as possible in order to familiarise themselves with it.
These modifications shall enter into force at the time announced for that purpose.
The duration of this contract is undetermined. The contract is binding on the User as of the date on which the service is used.
14. Applicable law
All legal relationships between Ncbham and User/Client are governed by Belgian law.
Belgian law applies to all matters that have not been explicitly agreed in these terms and conditions.
Except in the event of payment claims, the parties undertake to attempt to resolve any dispute relating to the validity, interpretation or execution of this contract through mediation or extra-judicial conciliation.
For payment claims or in the event of failure of the mediation or extra-judicial conciliation procedure, the courts of Brussels shall have exclusive jurisdiction, unless otherwise required by law.
16. Severability clause
The invalidity or illegality of one of the clauses of our General Terms and Conditions will not in any way invalidate or nullify the other clauses.
Should the offending provision affect the very nature of these General Terms and Conditions, each of the parties shall seek to negotiate immediately and in good faith a valid provision of equivalent economic effect or, at the very least, as close as possible to the effect of the cancelled provision.