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Privacy policy

Below we set out our privacy policy which will govern the way in which we process any personal information that you provide to us. We will notify you if the way in which we process your information is to change at any time. Our details are:

BERG Toys, Postbox 73, 6710 BB Ede, The Netherlands

You can access our home page and browse our site without disclosing your personal data save information collected by cookies that we use (see below).

Collection and use of personal data of (potential) customers
We hereby inform you that we will collect and use the personal data you provide to us because this may be necessary to conclude and execute any agreement with you or based on the consent you have granted us, such as for the #myberg content campaign.

If you are a (potential) customer of ours, we will use your data in order to be able to send you an offer, to be able to determine what specifications or wishes certain goods need to satisfy, to be able to deliver goods or to be able to carry out activities for you, to be able to invoice and to be able to communicate with you quickly and efficiently concerning the performance aspects of the agreement. We need your name, address, e-mail address, payment details and telephone number for your order. This will allow us to process and deliver your order.

You are not obliged to provide your personal data to us. However, if you do not provide us with personal data or if you provide insufficient personal data it may be possible that we will be unable to carry out the abovementioned activities.

Transfer to third parties
If necessary for the processing of your order, we will transfer your data to third parties, such as carriers. We demand of our partners that they handle your data with the same degree of care as BERG Toys.
We also use external server rooms for the storage of (parts of) our sales administration, which includes your personal data. Your personal data may therefore be provided to server room providers.

Our employees and the third parties engaged by us are obliged to respect the confidentiality of your data. Personal data are therefore safe with BERG Toys.

Direct marketing
Once you have granted us your consent, we will store and use the personal data you have provided to inform you personally in the future by newsletter of our existing and new products and possibly make you an offer in this connection. Each time we send you a newsletter, you will be able indicate you would no longer like to receive these. See for this purpose the unsubscribe link at the bottom of every newsletter.

Retention period personal data
In the event you have requested an offer from us, but you did not become our customer, we will remove your data at most one year after our last contact. If you did become our customer, we will retain your personal data for a period of seven years after the end of the financial year in which the agreement was performed in full. The seven-year period corresponds to the period within which we are obliged to retain our records for the Tax and Customs Administration. We will remove your personal data after this period has ended.

Cookies
Cookies are small files that are placed on your computer, tablet or smart phone during visits to our websites. Information is stored and this information is later recognised during a subsequent visit to the websites.
The websites use tracking cookies if you have consented to this. We do so to obtain insight into your internet behaviour so that we can make you suitable offers. You can withdraw your consent at any time. Your data are stored for at most one year. We also place functional cookies. We do so to facilitate the use of the websites. This means among other things that the products purchased remain in the shopping cart or that your login details are remembered during your visit.
Analytical cookies show us what pages were visited and what parts of the websites receive clicks. And finally, we point out to you that you visit the websites without leaving personal data behind unless you enter your personal data in our contact form.

Name

Purpose of the cookie

AppNexus

We use this cookie to register your visit. This cookie is also used to register which advertisements were shown to the user.

Doubleclick

We use this cookie to register your visit. This cookie is also used to register which advertisements were shown to the user.

Google Adwords

Cookies are placed to provide more insight into the customer’s behaviour in order to show relevant advertisements.

Adcrowd

We use this cookie to register your visit. This cookie is also used to register which advertisements were shown to the user.

Facebook Pixel

The Facebook Pixel cookie registers which pages you view. These data is used to advertise more effectively.

Google Analytics

Cookies are placed to provide more insight into the customer’s behaviour in order to improve the website user experience. The data is also be used to show relevant advertisements to users (with DV360).

We have:

-An processing agreement with Google;
-The last octet of the IP address is masked;
-Data sharing turned off;
-Do not use other Google services in combination with the Google Analytics cookies.

New Relic

New Relic places cookies in your browser to collect the details of your session so that the website’s user experience can be improved.

Hotjar

Hotjar collects cookies to conduct qualitative research among website visitors and to obtain insight into click behaviour. This data makes it possible to increase the website’s user experience.

BERG

We use cookies to make your visit to the website as convenient as possible. These cookies remember your login details and preferences you have entered previously.

Game Analytics

We use this cookie to gain insight into the user behavior of users of the Infinity Pods app and improve performance of the games. This data is anonymized and used for internal analysis and user experience optimization.

AirHive

When using our Berg AirHive app you have the option of deleting your account, in which case all your personal data will be deleted. Following deletion of your account, BERG Toys B.V. will store your content and personal data for another 30 days, after which it will be deleted with no possibility of recovery. You can also object to the collection and use of your data. In addition, there is the option of filing a complaint with a supervisory authority. You can choose to submit the complaint to the Dutch supervisory authority, which is the Dutch Data Protection Authority (the leading supervisory authority), or to the supervisory authority of the Member State where you reside or have your office. More information about this can be found on the websites of the supervisory authorities.

Web analytics
This website uses Google Analytics, a web analytics service provided by Google Inc. (Google). We use this service to track how visitors use the website, with the aim to improve the website.

The information generated by the cookie about your use of the website will be transmitted to and stored by Google on servers in the United States. Google uses this information to track how you use the website, to compile reports on website activity for website operators and to provide other services relating to website activity and internet usage.

We have signed a data processing amendment with Google, which states that Google acts only as a processor in the processing of the personal data of our website visitors. Google may disclose the information to third parties if Google is legally required, or if third parties process the information on Google's behalf.

We share data with Google for no other than for the reasons mentioned above, and also don’t make use of other Google services in conjunction with Google Analytics cookies, except for the mutual exchange of web analytics and campaign statistics with our Google AdWords account, to monitor website usage and conversion events. Exchanging measurement data in this way has no or very limited impact on your privacy, because there is no personal information collected and because we do not use this data to tailor ads to your personal preferences.

The information that Google collects is anonymous as far as possible, in accordance with the advice of the Autoriteit Persoonsgegevens. Your IP address is masked in part (i.e. the last octet).

Your rights
You have the right to ask us to inspect your own personal data. If there is reason for doing so, you can also request us to supplement your personal data or to correct inaccuracies. You also have the right to request that your personal data be deleted or to restrict the use of your personal data. You can also submit to us an objection to the collection and use of your data or submit a complaint to the Dutch Data Protection Authority. And finally, you have the right to ask to obtain your personal data or to transfer those data to another party. In order to be able to exercise your rights, you can apply to: BERG Toys, contact person: Truus Drost, PO box 73, 6710 BB Ede, the Netherlands,tel. +31 (0)318-467171, e-mail tdrost@bergtoys.com Naturally you can also contact us if you have questions or require more information about the collection and use of your personal data. We may ask for proof of your identity before providing any information and reserve the right to refuse to provide information requested if identity is not established.

#myberg terms and conditions
We're super proud of the photos and videos we come across online, that feature our products. We'd love to post them on any of our online channels. If we see a post or message, we may ask if you would share your photos and/or videos, hereinafter referred to as content, with us. This sharing will take place primarily on our website and social media channels, but content may also be shared on other BERG channels such as our digital newsletter or email. We want to inspire others with your #myberg content!

By responding with #yesberg on content where we have posted a comment, you grant permission for us to use your content for:

  • BERG's social media channels;
  • BERG's website;
  • BERG's newsletter or email marketing from BERG;
  • Advertisements;
  • Social walls and/or digital screens in dealers' shops.

In addition, you declare that:

  • You own all rights to the posted content and have permission for publication from all persons depicted. If the persons depicted are minors, you declare that you have parental consent;
  • You grant BERG an unrestricted worldwide non-exclusive licence to disclose and reproduce the content through our services or third-party services for commercial purposes. There are no restrictions or limitations on this by you;
  • BERG or third parties commissioned by BERG may use your work to create derivative works from it. In relation to this derivative work, you have no rights to inspect or approve the work, the advertising text attached to it or the purpose for which it is used;
  • You waive your personality rights (or to the extent that this is not possible, you will not invoke them) and royalty claims relating to your content or works derived from it;
  • BERG's use of the content does not infringe the rights of third parties, is not unlawful towards third parties and does not violate the law;
  • By responding with #yesberg, you grant permission for your personal data (in some cases your user name and captions to your content) to be processed by BERG or the third parties engaged by BERG.

If you do not agree to these terms and do not respond with #yesberg, we will not use your content. No further action is required.

Attribution
We will make every effort to include attribution at all times. Is attribution unexpectedly missing from your content? Let us know by sending us a message on Instagram: @bergtoys or emailing us at social@bergtoys.com. Tell us where you came across the content, include a link and tell us what your name or username is.

Withdrawing consent
You always have the option of withdrawing your consent. Do you want your content removed from a particular page? If so, let us know by sending us a message on Instagram: @bergtoys or emailing us at social@bergtoys.com. Describe where your content is being used (preferably with a direct link) and we will remove your photo as soon as possible. Has your content been placed in offline marketing materials? If so, we will change it in the next print run.

The use of social media such as Instagram, Facebook, LinkedIn, Tiktok, Pinterest, Twitter or YouTube is not subject to our terms and conditions and privacy statement, but to the terms and conditions, privacy and cookie statement and other statements of the relevant social media. See also BERG's general https://www.bergtoys.com/uk/privacy-policy.


Security measures
We have implemented security policies, rules and technical measures to protect the personal data that we have under our control from unauthorised access, improper use and disclosure, unauthorised destruction or accidental loss.

Copyright
All website design, text, graphics, the selection and arrangement thereof are Copyright © 2018, BERG Toys, ALL RIGHTS RESERVED.

Trademarks
The BERG brand and the other BERG registered trademarks are internationally registered and are carefully protected from improper use.

Disclaimer of Warranty and Liability
The following provisions may be curtailed or disallowed by the laws of the country in which the person accessing this website is situated. In such case, the terms hereof are to be read as excluding or limiting such term so as to satisfy such jurisdiction.

We do not represent or warrant that the information accessible via this website is accurate, complete or current. We have no liability whatsoever in respect of any use which you make of such information. The information provided on this website has not been written to meet your individual requirements and it is your sole responsibility to satisfy yourself prior to ordering any products or services from us that they are suitable for your purposes.

Whilst we make all reasonable attempts to exclude viruses from the website, we cannot ensure such exclusion and no liability is accepted for viruses. Thus, you are recommended to take all appropriate safeguards before downloading information or images from this website.

All warranties, express or implied, statutory or otherwise are hereby excluded.

Neither we nor any of our employees or affiliated entities will be liable for any kind of damages and howsoever arising including, without limitation, loss of profits, compensatory, consequential, direct, exemplary, incidental, indirect, punitive or special, damages or any liability which you may have to a third party, even if we have been advised of the possibility of such loss.

We are not responsible for the direct or indirect consequences of you linking to any other website from this website.

PRIVACY STATEMENT SUPPLIER ADMINISTRATION
Collection and use of personal data belonging to suppliers and other contractors
We draw your attention to the fact that we will collect and use the personal data you provide to us, because this is necessary in order to be able to conclude and perform a possible agreement with you.

If you are a (potential) supplier or another contractor, your personal data are required for concluding and performing the agreement. This is necessary in order to be able to inform you what specifications or wishes certain goods or services should satisfy in our opinion, to be able to send a request for an offer or to place an order with you, to be able to pay your invoices and to able to communicate with you quickly and efficiently concerning other aspects of the agreement.

You are not obliged to provide your personal data to us. However, if you do not provide us with personal data or if you provide insufficient personal data it may be possible that we will be unable to carry out the above mentioned activities.

Transfer to third parties
In connection with the performance of a possible agreement with you it may be necessary to provide your personal data to parties that supply parts, materials or products to us or who perform activities on our instructions. We furthermore use internal and external service rooms for the storage of (parts of) our purchasing records. Your personal data are part of these records. Therefore your personal data are provided to the service rooms. We also use Microsoft Office and the related storage facilities for e-mails and other files.

Retention period personal data belonging to suppliers and other contractors
We will remove your personal data at most one year after our last contact if we received an offer from you but we did not become your customer. If we did become your customer, we will retain your personal data for a period of seven years after the end of the financial year in which the agreement was performed in full. The period of seven years corresponds to the period for which we are obliged to keep our records for the Tax and Customs Administration. We will remove your personal data after this period has ended.

Your rights
You have the right to ask us to inspect your own personal data. If there is reason for doing so, you can also request us to supplement your personal data or to correct inaccuracies. You also have the right to request that your personal data be deleted of to restrict the use of your personal data. You can also submit to us an objection to the collection and use of your data or submit a complaint to the Dutch Data Protection Authority. And finally, you have the right to ask to obtain your personal data or to transfer those data to another party. In order to be able to exercise your rights, you can apply to BERG Toys, contact person: Truus Drost, Stevinlaan 6716WB Ede, the Netherlands, tel +31 (0)318-467171 e-mail tdrost@bergtoys.com. Naturally you can also contact us if you have questions or require more information about the collection and use of your personal data.

Ede, 18-10-2023

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