Privacy Policy
Marc VDS Team, its branch offices and related affiliates (jointly and separately referred to as ”MarcVDS Team”) will handle your personal information with great care, because we respect the privacy of our customers and visitors of our Sites. This Privacy Policy, sets forth the privacy policy of MarcVDS Team pertaining to (the password protected areas of) all related corporate Sites of the affiliates of MarcVDS Team, which are linked to any of the Sites (collectively the “Sites” and separately: the ”Site”).
By accessing and using any of these Site, you are also expressly agreeing to the terms set forth in this Privacy Policy. If you do not agree with any term of this Privacy Policy, please do not use any of the Site or provide us with Personal Data. Certain services may be conditioned on the provision of your Personal Data.
1. Personal Data
For purposes of this Privacy Policy, “Personal Data” means any information by which you can be personally identified, and includes, without limitation, your name, surname, address, (mobile) telephone number, e-mail address, age, birth date, gender, profession, product data and details, product preference, product satisfaction, language, drivers experience and other information clearly specified when the data are collected.
2. Interactive sections
For purposes of this Privacy Policy, ‘Interactive Sections’ means all areas of the sites which allow you to communicate via the Sites with other visitors of the Site or and with MarcVDS Team, such as forums, clubs, surveys, e-mails and the like.
3. Direct Marketing
For purposes of this Privacy Policy, “Direct Marketing” means any direct communication between MarcVDS Team and you for the purpose of product and service information, customer profile building and personal customer care.
Without prior consent your Personal Data will not be used for Direct Marketing purposes. You may, if you wish, opt in on this service when providing personal information. We are also not responsible or liable for, and do not monitor, endorse or have any control over any third party’s applications, websites or services used on our Sites, such as the social media platforms (e.g., Facebook) you may use to create an account and login to our Sites, including their accuracy, availability, functionalities, and applicable terms and policies, including their privacy and cookie policies. If you have any questions about the practices and policies of third parties, please review their corresponding terms and policies, and contact them.
4. Uses of your personal data
Our Privacy Policy governs the processing of your Personal Data, including but not limited to the collection, use, retention and security of information provided by you and/or gathered from you. It is MarcVDS Team’s policy to use your Personal Data only for the following specific purposes :
• Performing and Providing MarcVDS Team products and services, including warranty services;
• Responding to inquiries and requests;
• Sending notification and materials which may be of interest for you (such as newsletters, brochures and other mailings);
• Direct Marketing analysis and offers;
• Security guard, including access control and Improvement of our Site;
• Internal evaluation of MarcVDS Team’s products and services;
• Knowledge acquisition for quality enhancement and improvement of merchandise;
• Market research and other analysis for quality enhancement and improvement of merchandise;
• Other purposes of use clearly specified at the time of obtaining Personal Data.
Should you participate in our surveys, we would be glad if you indicate to us, that we are allowed to contact you later for further research purposes, such as your opinion on new products, features etc. Should you reply positive to that option, which is included in most questionnaires, we may contact you by means of e-mail or phone later.
We do not make decision-making (which produces legal effects or similarly significantly affects) based on automated processing, including profiling without obtaining your explicit consent.
For the statutory or the performance and conclusion of a contract, Personal Data may be required. In this case, if you cannot provide the necessary information, we may not be able to properly provide our services.
5. Disclosure of your personal data
Marc VDS Team does not sell, rent or otherwise distribute your Personal Data to third parties, except as needed for Marc VDS Team to provide the services for which your information was volunteered. We may share your Personal Data to any member of our group and authorized third parties working on behalf of Marc VDS Team. However, we will not use and share your Personal Data for any purpose that we have not previously disclosed to you. Processing on behalf of Marc VDS Team may be performed by its branch offices and affiliates and any other third parties, with whom Marc VDS Team concludes appropriate contracts to ensure compliance with the applicable Data Protection legislation. We have no control over and are not responsible for the processing of your personal data by a third party social media provider.
The Sites contain links to sites controlled by, and pages maintained by independent third parties. MarcVDS Team does not control use of information provided to such third parties and all such information will be governed by the third party’s privacy policy.
6. Preservation of your personal data
It is Marc VDS Team’s policy to keep your Personal Data only for so long as needed for such purposes. Personal Data is stored for a certain period after the end of service provision or for a period necessary for fulfilling the obligations of laws and regulation.
We work closely with certain third parties, including authorized other Yamaha Motor group companies, carefully selected business partners, sub-contractors and may receive information about you from them.
You give your consent voluntarily and may revoke it at any time. If you withdraw your consent to us using the Personal Data that you have provided to us through then we will endeavour to delete such data from our databases, but if you withdraw your consent, this will not affect the lawfulness of our use of your personal data before your withdrawal. You can windrow your consent via the self-service (such as accounts page, customer portal) or via below address or email.
7. Storage and/or transfer of your personal data
Marc VDS Team is applying commonly used technology to safeguard your Personal Data from wrongful use. Only authorized personnel have access to your data. Should Marc VDS Team partners be carrying out part or all of Marc VDS Team web survey purposes Marc VDS Team has reached an agreement with them that they will handle your Personal Data with an equal level of strict confidentiality. The storage and sending of your data over the Internet is safeguarded by means of up-to-date, commonly used technology.
The data that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area (“EEA”). If this happens then your data must, by law, be subject to a similar level of security as it would within the EEA. We take all steps reasonably necessary to ensure that your data is kept securely and handled in accordance with this privacy policy and all applicable laws. Including by concluding standard contractual clauses approved by the European Commission. You can contact us if you would like to receive more information on the measures, we have taken to safeguard your information in this respect.
8. Children’s personal data
If we request consent for the processing of personal data, persons who have not reached the age of 16 may only provide Personal Data with the consent of their legal representative (e.g. a parent).
9. Cookies / similar technologies, log files and web beacons
We may use cookies. Cookies are files or pieces of information that may be stored in your computer’s hard disk drive when you visit our Site. We use cookies as a tool to allow us to customize your experience to better match your interests and preferences, or to simply facilitate your signing in to use the services. Most browsers are initially set to accept cookies. If you do not wish to accept cookies, you can set your computer to refuse cookies or to alert when cookies are being stored. If you refuse to use cookies, our ability to provide you with personalized services would be limited. Cookies cannot and will not be used to capture a respondents email address, obtain information from the hard drive or gain confidential or sensitive information about them. Additionally, cookies cannot be read by a website other than the one that sets the cookie.
10. Access to your personal data: your rights
As a data subject, you have certain rights concerning our processing of your personal data. You can:
• request access to your personal data held by us
• request us to rectify or complete your information if you believe that the personal data we process on you is inaccurate or incomplete
• request us to erase certain personal data
• request us to restrict the processing of your personal data
• object to our processing of your personal data
In case of any questions or complaints regarding the processing of your Personal Data, please contact us.
If your Personal Data change (such as your postcode, email address or telephone number), or if we have inaccurate information, we will endeavour to correct, update or delete your Personal Data from our database. If you do not wish to be contacted by us any more, we will immediately cease to process your Personal Data. When contacting us, please be sure to provide us with your exact name, address, e-mail address, name, address and/or telephone number(s) in order to be sure, we handle your request correctly.
Regarding the processing of Personal Data on individuals, you can file complaints against your national Supervisory Authority for data protection.
11. Modification of this privacy policy
Marc VDS Team reserves the right, at its discretion, to change, modify, add, or remove portions of this Privacy Policy at any time.
12. Data controller contact
In relation to the processing of your Personal Data by MarcVDS Team and/or any its branch offices under the applicable data protection law, MarcVDS Team shall act as the data controller. Any questions, complaints or requests in respect of the data processing activities performed by MarcVDS Team and/or any its branch offices may be directed to MarcVDS Team Please find the contact details of MarcVDS Team on the Site(s).
Contact :
Avenue Jean MERMOZ 33, 6041 GOSSELIES, BELGIUM
DISCLAIMER
This legal statement contains the terms and conditions governing this Site, www.marcvds.com.
By accessing or using this Site, you expressly accept and agree to abide by all the terms and conditions contained in this privacy policy. Please do not use any Site if you do not agree to these terms and conditions.
Unless otherwise referenced herein, any reference to MarcVDS Team shall include all of its affiliates.
The Site is available only for your personal use, which shall be limited to viewing the Site, providing information to the Site, downloading product information for your personal review and for certain of the Site purchase of products.
APPLICABLE LAW
By entering this Site you acknowledge and agree that your license to enter and use this Site will be construed and evaluated according to the laws of Switzerland. You agree that any disputes in connection with the use of this Site shall be resolved in court of competent jurisdiction in Geneva, Switzerland (principle place of business of MarcVDS Team). If you use this Site from another country you are responsible for compliance with any and all applicable local laws. In addition, this Legal Statement shall neither exclude nor limit any of your mandatory rights provided to you by the applicable law in accordance with the application of the international conflict of law provisions. MarcVDS Team makes no representation that the materials contained within this Site is appropriate for all countries around the world.
1. MarcVDS Team publishes information on its Site as a convenience to its visitors. Except for those Site where products may be purchased, MarcVDS Team product information is provided for informational purposes only. Information of and references to individual persons, whether employee or otherwise employed by or related to MarcVDS Team, are meant for informational purposes only. By no means can/shall individuals and/or their statements on the Site be linked to specific product or services responsibilities and/or liabilities of MarcVDS Team, neither on personal nor on corporate level. Published statements and profiles are personal and cannot be referred to for any warranty or liability purposes, at law and otherwise.
While MarcVDS Team attempts to provide accurate and timely information, there may be inadvertent technical or factual inaccuracies and typographical errors. MarcVDS Team reserves the right to make corrections and changes to the Site at any time without notice. The MarcVDS Team products described in its Site may not be available in your region. MarcVDS Team shall endeavour that the information in the Site is appropriate to your region. Although MarcVDS Team has made every effort to display the products and their colours as accurately as possible, the displayed products and colours of the products will also depend upon the equipment of the user and MarcVDS Team cannot guarantee that the user’s equipment will display an accurate representation of the actual products and their colours. It is possible that some software that may be downloaded from the Site is subject to government export control or other restrictions. By visiting and using our Site, you acknowledge these restrictions and agree that you are subject to them.
2. Visitors assume all responsibility and risk with respect to their use of the Site. All information contained on the Site is provided to you “as is” and MarcVDS Team disclaims all warranties, representations and endorsements, express or implied, with regard to information accessed from or via the Site, including but not limited to all express and implied warranties, such as warranty of title, merchantability, non-infringement and fitness for a particular purpose, insofar as is allowed under the applicable jurisdiction. MarcVDS Team does not warrant that the Site is free of computer viruses, bugs or other harmful components. MarcVDS Team does not warrant that the functions contained in the material will be uninterrupted or error-free or that errors will be detected or corrected. MarcVDS Team does not assume any liability or responsibility for the accuracy, completeness, reliability or usefulness of the information disclosed or accessed through the Site. MarcVDS Team does not have any duty to update its Site or modify their content or code, and MarcVDS Team shall not be liable for its failure to update such information. It is your responsibility to verify any information contained in the Site before relying upon it.
3. In no event shall MarcVDS Team be liable for any damages of whatever kind resulting from whatever cause, including but not limited to loss of use, loss of profits, loss of data, or any other type of damage, tangible or intangible in nature, whether in an action under contract, tort or otherwise, arising out of or in any way relating to the use or performance of the information on, or accessed through, MarcVDS Team’s Site. The limitations of liability referred to in this Legal Statement will not apply insofar the loss or damage results from willful misconduct or gross negligence on the part of MarcVDS Team.
4. MarcVDS Team reserves the right to withdraw access to the Site or to revise the services and products described in the Site at any time without notice. All offers and other statements by MarcVDS Team are non-binding, unless MarcVDS Team expressly indicates otherwise in writing.
You may withdraw from a transaction related to products or services which you purchased online from this Site, within 7 working days from the date of the receipt of the product or from the date of the transaction of the service in question, in accordance with the applicable statutory rules with respect to distance contracts.
MarcVDS Team may at any time revise the terms and conditions contained in this Legal Statement by updating this posting. You are bound by any revisions and should periodically visit this page to review the current terms and conditions, which apply to your use of the Site. Continued use of this Site after any such changes shall constitute your consent to such changes. The invalidity of any term, condition or provision of this Legal Statement shall not affect the enforceability of those portions of the Legal Statement deemed enforceable by applicable courts of law.
5. MarcVDS Team owns or has rights to all of the Site, including but not limited to all of the wallpaper, icons, characters, artwork, images, graphics, music, text, software and any other content of the Site (the “Content”), and all HTML design, layouts, configurations, CGI and other code and scripts in any format used to implement the Site (the “Code”). The Content and Code of the Site is protected by intellectual property and related rights, including but not limited to copyrights, patent, database and trademark rights. You may not copy, modify, upload, download, transmit, re-publish, display for redistribution to third parties for commercial purposes, or otherwise distribute any Code or Content from the Site without the prior written agreement of MarcVDS Team, in so far as such restrictions are allowed under applicable mandatory law. You may only use the Content or Code from the Site for personal use. All logos, names and trademarks, which appear on the Site is the (intellectual) property of MarcVDS Team or are used by MarcVDS Team under license. You may not use any of the foregoing for any purpose without the prior express written permission of MarcVDS Team. Your failure to comply with this Legal Statement will constitute breach of contract and will violate MarcVDS Team copyright, trademark and other proprietary and industrial property rights.
Except as expressly provided above, nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, trademark, copyright or other proprietary or industrial right of MarcVDS Team, its affiliates or any third party
6. Although this Site may be linked to other Site, MarcVDS Team is not, directly or indirectly, implying any approval, association, sponsorship, endorsement or affiliation with the linked Site, unless specifically stated therein. By entering this Site you acknowledge and agree that MarcVDS Team has not reviewed all Site linked to this Site and is not responsible for the content of any off-Site pages or any other Site linked to this Site. Your linking to any other off-Site pages or other Site is at your own risk.
7. If you respond to MarcVDS Team via e-mail, surveys, forums, registration, or any other communication medium, with any information, including but not limited to feedback, data, questions, comments, suggestions, or the like, but excepting your personal data, such information shall not be deemed confidential. By sending us any information, you grant to MarcVDS Team an irrevocable, worldwide, perpetual and transferable right to use these submissions without any limitations for any purposes, which MarcVDS Team considers necessary. MarcVDS Team will not be liable for any use or disclosure of such information. MarcVDS Team will not have any obligation to keep such information confidential and will be free to reproduce, use, disclose and distribute the information to others without limitation. MarcVDS Team will be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products, which incorporate or otherwise rely upon such information. MarcVDS Team welcomes your comments and suggestions on its Site and products, but MarcVDS Team does not seek to solicit any confidential or proprietary ideas, suggestions, materials or other information relating to developing, designing, redesigning, modifying, manufacturing or marketing its products or any new products. By submitting information, you warrant that MarcVDS Team may publish such information, use it as part of its operations, and incorporate its concepts in MarcVDS Team products or for any other purposes, which MarcVDS Team considers necessary, without liability.
8. Where it may exist, you will not use the interactive sections of the Site, for instance forums, clubs, surveys, e-mailing and the like, to post any material which is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person’s privacy, or otherwise violate any law. MarcVDS Team does not have editorial control over the submission of any content to interactive sections of the Site. All information, including the publication of pictures and or articles, is submitted at your sole risk and responsibility. MarcVDS Team is not responsible or liable for damages or other adverse consequences caused by the use of the submissions in any form or manner.