Terms and Conditions
1. Current general terms and conditions and any special terms and conditions apply to every agreement between the customer and Kiyashi, the sole proprietorship of mrs. Kathleen Metdenancxt, with address in 8000 Brugge, Violierstraat 78 and with company number 0659.940.983. By entering into an agreement with Kiyashi, the customer expressly waives its own general terms and conditions. The special conditions always take precedence over the general conditions.
2. A registration for a workshop, coaching or healing process is only binding if it is expressly accepted by Kiyashi in writing. In the event of cancellation of the registration by the customer, or his early termination of an ongoing program, he will still owe the full amount for the workshop, coaching or healing trajectory, and there will be no right to a refund of amounts already paid, unless expressly agreed otherwise in writing.
3. A workshop is given by Kiyashi within the agreed term as stated in the special conditions of the relevant workshop.
4. Kiyashi reserves the right to cancel a workshop or program if it appears that the minimum number of registered participants has not been reached.
5. Kiyashi is not obliged to pay any compensation whatsoever, which would be the direct or indirect result of services provided by us, except in the case of serious error or intent. Kiyashi .'s Liability is in any case limited to the lower of the following amounts: (1) the invoice value of the services provided or (2) the amount for which Kiyashi's insurer intervenes. Notwithstanding the foregoing, Kiyashi is not liable for or obliged to compensate for immaterial, indirect or consequential damage, even in the event of serious negligence, such as but not limited to: failure to achieve a certain desired (medical) result, loss of work capacity, damage due to learning delay, an increase in certain costs, legal costs, costs of domestic help, damage to third parties, and so on.
6. Kiyashi will make every effort to perform the agreed services with the greatest possible care, as may be expected of a good service provider. Kiyashi guarantees a professional and independent service. All Services are performed on the basis of a best efforts obligation.
7. Unless expressly agreed otherwise in writing, the workshops and programs are payable either within the agreed term stated in the special conditions or as stated on the invoice. In the event of non-payment of all or part of the price, (1) Kiyashi shall be entitled by operation of law to suspend any future delivery until full payment of all outstanding amounts and (2) all outstanding amounts shall become immediately due and payable and ( 3) the outstanding amount will be increased by operation of law and without any further notice of default being required by an annual interest at the legal interest rate and a fixed compensation of 10%, with a minimum of 25 euros and a maximum of 75 euros.
8. In the event of non-payment, Kiyashi will give the customer notice of default to pay the amount due 7 days before the start of the workshop, the coaching or the healing process. If the customer does not pay within that period, Kiyashi has the right to terminate the agreement without prior intervention of the court.
9. Without prejudice to what has been said in articles 7 and 8 regarding non-payment, if one of the parties fails to fulfill any other contractual obligation, the other party has the right, after notice of default, either to suspend its obligations or to dissolve the agreement without judicial intervention. , if no or no useful action is taken on the notice of default within 7 working days.
10. The customer acknowledges that all intellectual property rights in the composition of the workshop, coaching or healing trajectories, online modules, videos, documents, recordings, photos, preparatory works, other know-how and more generally every matter demonstrating the intellectual performance of Kiyashi, fully and exclusively to Kiyashi accessories. Without Kiyashi's permission, the customer is prohibited from reproducing, distributing, adapting, translating, renting or lending, publicly communicating, exhibiting, or performing any other proprietary act in this regard without Kiyashi's permission. . He will also respect Kiyashi's moral rights in the foregoing matters. The customer acquires the right to consult the aforementioned matters via the channel where they are made available, and this in the context of an ongoing workshop, coaching or healing process. This right of use is limited to the duration of the agreement, unless otherwise agreed.
11. All our agreements are governed by Belgian law. All disputes arising from an agreement between Kiyashi and the customer fall under the exclusive jurisdiction of the courts with substantive and territorial jurisdiction over the judicial cantons in Bruges.
12. The customer undertakes to maintain confidentiality about the participation of the other participants and about everything that is communicated in any form about the participants.
13. Privacy statement: your personal data will be processed by Kathleen Metdenancxt, Kiyashi, Violierstraat 78, 8000 Bruges for customer management based on the contractual relationship and based on our legitimate interest in direct marketing (to keep you informed of similar and new services). If you do not want us to process your data for direct marketing purposes, it is sufficient to inform us at info@kiyashi.be. You can also always ask via that address which data we process about you, request that it be corrected, request that your data be deleted if there is reason to do so, object to further processing if this is desired due to your specific situation, request restrict the processing if there is reason to do so, or request that your data be transferred in a readable form. If you do not agree with the way in which we process your data, you can contact the Data Protection Authority (Drukpersstraat 35, 1000 Brussels, contact@adp-gba.be, +32 (0)2 274 48 00). For more information about how we handle your personal data, see our privacy statement below.
Privacy declaration
Version 1.0
Date: December 23, 2021
1. WHO ARE WE?
Kiyashi (hereinafter also referred to as “Controller”, “we”, “us”) respects your privacy and strives to always treat your personal data with the necessary care and confidentiality. We undertake to always comply with the General Data Protection Regulation (“GDPR” or “GDPR”) and other applicable regulations.
For the processing activities described further in the privacy statement, we act as “controller”. This means that we determine for what purposes (why) and by what means (how) your personal data will be processed.
Our data:
Trade name: Kiyashi
Name: Kathleen Metdenancxt
Company number: 0659.940.983
Address: Violierstraat 78
8000 Bruges
Belgium
E-mail address: info@kiyashi.be
2. WHAT DOES 'PROCESSING PERSONAL DATA' MEAN?
The processing of personal data includes any processing of data that can identify you as a natural person. For example, this could be your name, your contact details, your financial details, and so on. You can read more about which data is involved in this privacy statement. The term 'processing' is very broad and covers, among other things, the collection, storage, use of your data, or sharing it with third parties.
Specifically for the processing of data through the use of cookies, we refer to our cookie statement.
3. WHAT PERSONAL DATA DO WE PROCESS?
The following personal data are processed by us:
3.1 In the context of our website and contact form:
- Name and surname
- E-mail address
- The subject and content of your message via the contact form
- Statistics about your use of our website collected via cookies
3.2 Customers and suppliers:
- Name and surname
- Address
- Possibly: name of organization
- Phone number and/or mobile number
- E-mail address
- Payment and Billing Information
- Correspondence
- Information regarding the services to be performed and/or the products to be delivered, such as signed agreements and payment details
- Feedback and testimonials
4. WHAT IS THE PERSONAL DATA USED FOR?
4.1 Processing grounds
We may process your personal data for the following purposes:
A. Necessary for the conclusion and/or execution of an agreement
Pre-contractual phase:
- Contacting the potential customer or supplier, responding to correspondence, negotiating.
- Providing and/or requesting information in the context of concluding an agreement.
- Drafting agreements (both agreements with customers and suppliers).
Contractual phase:
- customer management.
- Supplier management.
- Placing and paying for an online order.
- Execution of the contractual assignment.
b. Legal obligation
Compliance with the legally prescribed retention periods of invoices and other accounting and tax documents.
c. Legitimate interest
Improving the quality of the service and evaluating and maintaining data and statistics relating to the activities of the Controller, in the broad sense.
The retention and use of evidence in connection with liability, proceedings or disputes and for the purpose of archiving our activities.
Guaranteeing safety, both online and in our practice.
Contacting existing customers for commercial purposes or sending a newsletter for similar products/services or information about our products/services.
Offering a website that functions well technically by using strictly necessary cookies, so that we can offer you a safe and well-functioning website.
The use of analytical cookies on our websites to gain insight into how you use our website used, among other things with a view to detecting navigation problems, and to make the website more user-friendly and attractive.
The use of marketing cookies on our websites, for the purpose of implementing functions on our websites provided by social media, and measuring how often these functions are respectively displayed and used.
4.2 Permission
Sending a newsletter if you have registered for it via our website.
5. WITH WHOM DO WE SHARE YOUR PERSONAL DATA?
Your data will always be treated confidentially, and will not be traded, sold, rented or passed on to third parties outside the contractual relationship or a specific assignment.
Where necessary, we call on external service providers, so-called “processors”, to support the operation of our company. These third-party service providers may carry out certain processing of personal data on our behalf. We will only share your data with these external service providers to the extent necessary for the processing purpose. The personal data may not be used by them for other purposes. In addition, these service providers are contractually bound to guarantee the confidentiality of your data by means of a so-called “processor agreement” concluded with these parties.
In rare cases, the Controller may be required to disclose your personal data pursuant to a court order or to comply with other mandatory laws or regulations. The Controller will make reasonable efforts to inform you in this regard in advance, unless this is subject to legal restrictions.
In concrete terms, this all means that we share your personal data, insofar as it is relevant in your situation, with the following third parties for the following purposes, whereby these third parties act as processors on our behalf in certain cases:
- Payment service providers
- Cloud service providers
- Suppliers
- Public authorities, courts and certain liberal professions such as accountants and lawyers
Your personal data will be stored as much as possible within the European Economic Area. However, it is possible that some of your personal data is processed outside the EEA. This will only happen to countries where the European Commission has confirmed that they guarantee an adequate level of protection of your personal data, or where other measures have been taken to ensure the lawful processing of your personal data in these third countries.
6. HOW LONG DO WE KEEP YOUR DATA?
The personal data are only processed by the Controller for a period that is necessary in function of the purposes of the processing. After that, your personal data will be deleted or anonymised.
For instance:
- With regard to our customers, this concerns the execution of the agreement that you have concluded with us. With regard to our suppliers, this concerns managing the collaboration.
- If certain personal data appear in our accounts, we are obliged to keep this for seven years.
7. SAFETY PRECAUTIONS
We provide appropriate technical and organizational security measures to prevent the destruction, loss, falsification, modification, unauthorized access or incorrect disclosure to third parties of personal data collected within the scope of our activities, as well as any other unauthorized permitted processing of this data.
Under no circumstances can we be held liable for any direct or indirect damage resulting from incorrect or unlawful use by a third party of your personal data.
8. RIGHTS OF THE PARTICIPANTS
8.1 Right of access and copy
You have the right to view your personal data and to receive a copy of it. This right also includes the possibility to request further information about the processing of your personal data, including the categories of your personal data that are processed and for what purposes this is done.
8.2 Right of adjustment or rectification
You have the right to have your personal data adjusted if you believe that we have incorrect personal data.
8.3 Right to erasure (right to be forgotten)
You have the right to request that we delete your data without undue delay. However, we will not always be able to comply with such a request, including when we still need the data in function of a current agreement, or when keeping certain of your data for a specific period of time is required by law.
8.4 Right to restriction of processing
You have the right to restrict the processing of your data. In this way, the processing is temporarily stopped until, for example, there is certainty about its correctness.
8.5 Right to withdraw your consent
Where the processing is based on your consent, you have the right to withdraw this consent at any time by contacting us.
8.6 Right to object
You have the right to object to the processing of your data which is based on our legitimate interests. This should be done for reasons specific to your situation. In this case, we must stop processing unless we demonstrate compelling legitimate grounds to continue processing.
However, you can always object to the use of your data for direct marketing, after which we are obliged to stop processing for these purposes.
8.7 Right to portability
You have the right to receive your personal data, which you yourself have provided to us with your consent or with a view to the execution of an agreement, in electronic form. In this way they can easily be transferred to another organization. You also have the right to request us to transfer your data directly to another organization, if this is technically possible.
8.8 Right to lodge a complaint with your supervisory authority
If you believe that we are processing your data incorrectly, you always have the right to lodge a complaint with your data protection supervisory authority. You can do this with the supervisory authority of the EEA Member State where you usually reside, have your place of work or where the alleged infringement was committed. Since we carry out our activities from Belgium and have no branches in other EU Member States, we refer below to the contact details of the Belgian Data Protection Authority.
Belgian Data Protection Authority (DPA)
Printing press street 35
1000 Brussels
+32 (0)2 274 48 00
GBA website - file a complaint
For further information and the contact details of the supervisory authority of each EEA member state, please refer to this website page of the European Data Protection Board with all relevant contact details. In addition, you can always turn to the competent civil court to file a claim for compensation.
9. AMENDMENTS
The Controller reserves the right to change this privacy statement at any time by notifying users on this page. We recommend that you check this page often for any changes. The date of the last change is indicated at the top of the page.
If a data subject objects to any change to the privacy statement, the user should no longer use this website and/or cooperate with us. He can request the Controller to delete the personal data. Unless otherwise indicated, the then-valid privacy statement applies to all personal data that the Controller has stored about data subjects.