5th Cookie- Privacy and Cookie Policy

5th Cookie- Privacy and Cookie Policy

The 5th Cookie website considers the privacy of your personal data a matter of the utmost importance. We are committed to processing your information in accordance with the law, the then-current version of this Privacy and Cookie Policy (hereinafter the ‘’Policy” or “Privacy Policy’’), and the applicable standards of fair information practices. 

This document offers you a description of how the 5th Cookie website uses this data, as well as your rights associated with 5th Cookie’s use of your data. This policy applies specifically to visitors to www.5thCookie.com or other persons who contact us (e.g. via contact form).

Accessing or using the website implies your express approval (via handing us your personal information, or via opt-in) of this Privacy Policy. This means that you consent to how the 5th Cookie site collects, uses and processes your personal information. If you do not accept this Privacy Policy, you are no longer allowed to use the website of 5th Cookie. 5th Cookie may access or use your data either with your express approval, to perform the services detailed in an agreement or for any lawful basis.

5th Cookie reserves the right to change, modify and update this Privacy Policy from time to time by posting a revised version on our website. Therefore, we recommend you regularly consult this Policy, to make sure that you are aware of any changes.

Article 1 – GENERAL

    1. The 5th Cookie website is operated by Anonos Inc., with registered offices in Brussels, London, New York, and Colorado, and available via www.anonos.com takes responsibility for the processing of your personal data on the 5th Cookie website as a “data controller.”

1.2 This Privacy Policy for the protection of your personal data is strictly compliant with the European Union Regulation of 2016 concerning the protection of individuals with regards to the processing of personal data, regarding the free movement of such data and repealing Directive 95/46/EC (“GDPR”).

1.3 If you have questions about this Privacy Policy, or the manner in which 5th Cookie collects, uses or otherwise processes your personal information, please contact us by sending an email to the following e-mail address: privacy@5thCookie.com.

Article 2 – WHICH PERSONAL DATA DOES 5TH COOKIE COLLECT?

2.1 5th Cookie may collect personal data that is provided by you or by third parties to the extent necessary or useful for the operation of the website or its services. Such information may consist of:

Activity

Personal data

Legal basis

Context

Visiting the website

IP address
Cookies
Connection moments
Web pages
Click-behaviour, logs
Usage data

Consent

 

Strictly necessary  cookies

5th Cookie may collect usage data and other data about your interactions with the 5th Cookie website.

This data is being collected by means of cookies (see art. 7 Cookies).

Contacting 5th Cookie

Name
E-mail
Company name

Consent and necessary for the performance of an agreement

When you contact 5th Cookie via the contact form on the website, 5th Cookie collects the information you provide to us.

 

2.2 5th Cookie does not collect sensitive personal information of its visitors or other persons who contact us, (e.g. data relating to race or ethnic origin, religious beliefs, criminal record, physical or mental health, or sexual orientation). 5th Cookie shall, where necessary, obtain your explicit consent to collect and use such information.

2.3 You are not obligated to provide us with your personal data, however, the performance of several services may not be possible if you choose not to provide your personal data.

 

Article 3 – HOW WILL MY PERSONAL DATA BE USED?

3.1 General Purpose

5th Cookie collects and processes your personal information in order to offer you a safe, comfortable, and personalized experience each time you visit the website or utilize our services.

The information we collect about you is primarily processed to help us ensure proper technical functioning and to improve the quality and content of our website and services – based on the lawful purposes of “consent” for the website, “legal obligations” and “contractual necessity” for services, or “legitimate interest” as allowed under GDPR.

With that said, your personal data will only be processed for the following (internal) purposes:

Activity

Purpose

Visiting the website

We collect these data to provide you with a better user experience when you visit our website and allow us to optimize our website. The information collected by cookies on the website is also used for online marketing purposes (see art. 7 Cookies for more information). 

Certain data, such as logs, allows us to resolve any problems/bugs you report.

Contacting 5th Cookie

We collect this data to respond to your question or   concerns. We also provide you with more information about the 5th Cookie initiative.

 

3.2     Direct marketing

5th Cookie may also use your personal information for the purpose of marketing our products and services (e.g. e-mail campaigns). If you do not want to receive marketing material from us, you may opt out or exercise your right to object (Article 5) by sending us an email to privacy@5thCookie.com. 

 

3.3.      Transfer of Personal Data

In order to process your personal data, we provide access to our employees.

5th Cookie will not disclose your personal data to third parties, unless it is necessary in the context of providing our products or services and/or optimising them. To that end, 5th Cookie may disclose your personal data to third parties who assist 5th Cookie in the execution, management and control of its activities, including reporting, supporting, marketing, computer security or offering specific services and products. It may happen that a third party is commissioned to collect, process and/or analyse the data. These third parties may only use the data for the aforementioned purposes and instructions of 5th Cookie. Any other use is not included and is prohibited.

Consequently, 5th Cookie will not sell, hire out or pass on your personal data to third parties, except in the situations provided for in this Policy or unless you explicitly provide prior consent.

In addition, it is also possible that 5th Cookie will disclose your personal data:

  • If 5th Cookie is obligated to do so, following a court order or to comply with imperative laws and/or regulations, or permitted by applicable law in order to safeguard and defend our rights or protect the property or safety of others.   
  • In case of whole or partial reorganization or cession of 5th Cookie’s activities, whereby 5th Cookie reorganizes, transfers or ceases business activity, your personal data may be transferred to new entities or third parties.

 

Article 4 – HOW LONG WILL WE HOLD YOUR PERSONAL DATA?

5th Cookie only processes your personal information for as long as necessary.  This means that we do keep a record of your data for as long as it is required or justified by the law or by another legal obligation, or for the period for which this would be necessary for the aforementioned purposes.  Based on the activities described in Section 2.2, we hold your data associated with these activities as follows:

Activity

Retention period

Visiting the website

With regards to cookies the retention period may vary depending on the specific cookie, ranging from end of the session to 13 months. For a detailed overview please see article 7.

Contacting 5th Cookie

5th Cookie will hold the data for 3 years after your first request.

 

Article 5 – YOUR RIGHTS AS A DATA SUBJECT

5.1.      Right of access and right to obtain a copy

You have the right to obtain access to your personal data, as well as to be informed about the purpose of the processing by 5th Cookie.

5.2.      Right to rectification, erasure, or restriction

You have the choice to share your personal data with 5th Cookie. You also have the right to request 5th Cookie to rectify your personal data or have it erased. You can also request the processing of your personal data to be restricted.

When you choose not to share data, or when you request that we erase your personal data, we may be prevented from providing you with several services and access to the website.

5.3.      Right to object

You have the right to object to the processing of your personal data when you have legitimate reasons to do so. You also have the right to object to the use of your personal data for purposes of direct marketing. In such case specific reasoning will not be requested.

You may opt out of receiving email communications by using one of the following methods:

  • Select the email "opt out" or "unsubscribe" link or follow the opt-out instructions included in each email communication.
  • Contact us via email at privacy@5thCookie.com. Be sure to provide your name, relevant contact information, and specific relevant information about 5th Cookie communications that you no longer wish to receive.

Please be aware that when you opt out of receiving certain subscription communications, it may affect the services you have chosen to receive from 5th Cookie where accepting the communications is a condition of receiving the services.

5.4.      Right to data portability

You have the right to obtain your personal data which is processed by 5th Cookie in a structured, commonly used and machine-readable format and/or to transfer this data to another data controller.

5.5.      Right to withdraw consent

When the processing is based on prior consent you have the right to withdraw this consent.

5.6.       Automated decisions and profiling

The processing of your personal data does not include profiling, nor shall you be subjected to automated decisions.

5.7.      Exercising your rights

To exercise the above-mentioned rights, or to raise a question, comment or complaint, send an e-mail with an enclosed copy of the frontside of your identity card to privacy@5thCookie.com.

5.8.       Right to file a complaint

If you have any complaints about the way 5th Cookie collects, uses and/or processes your personal data, you have the right to file a complaint with the Belgian Data Protection Authority which is the Lead Supervisory Authority of the 5th Cookie:

Data Protection Authority

Drukpersstraat 35, 1000 Brussels,

Tel +32 (0)2 274 48 00, Fax +32 (0)2 274 48 35,

E-mail: contact(at)apd-gba.be

However, you are always free to contact your own European or EU-vested authority.

Article 6 – SAFETY AND CONFIDENTIALITY

6.1 5th Cookie undertakes all reasonable efforts as required by applicable law to prevent (i) unauthorized access to your personal information, and (ii) loss, abuse or alteration of your personal data, by using physical, administrative and technological measures to protect the information maintained. Some examples:

  • All data transmitted from and to our website is encrypted (HTTPS/TLS)
  • 2FA
  • All data is stored on secure datacentres

 

6.2 In the unlikely and unfortunate event that your personal information under 5th Cookie’s control is compromised by an information security breach, 5th Cookie will immediately act to identify the cause of such breach and take action through adequate remedial measures. If necessary, 5th Cookie will notify you as well as the Data Protection Authority of this incident in accordance with applicable law.

6.3 You shall be solely responsible for your own user content, such as content you upload to the website, and the consequences of posting submitting and/or publishing it. 5th Cookie is not responsible or liable to you or any third party for the content or accuracy of any user content posted by you or any other user of the website or web services, and 5th Cookie expressly disclaims any and all liability in connection with user content to the fullest extent permitted by applicable law.

6.4 5th Cookie assumes no responsibility regarding the privacy policy of the websites or digital platforms that are linked on the website. Moreover, 5th Cookie shall not be liable in any way for direct or indirect damages caused by a wrongful or improper use of your personal data by such third parties.

 Article 7 – COOKIE POLICY

7.1     What is a cookie?

A “cookie” is a small text file that can be sent from a web server to your computer that is then stored on your computer. When a cookie is stored on your computer each subsequent request to the same domain name will also send along the data stored in the cookie until the cookie expires or is deleted. A server can only give you a cookie if you make a request to that server. The cookie is only stored if your browser/client is configured to store cookies.

7.2      Why do we use cookies?

The website uses cookies and similar technologies to distinguish your user preferences from those of other users of the website. This helps us to provide you with a better user experience when you visit our website and also allows us to optimize our website. Cookies help 5th Cookie, for example, to optimise your visit to the website, to remember technical choices (e.g. choice of language, newsletter, etc.) or to show you more relevant services and offers.

As a result of the European e-Privacy Directive, all websites that target certain parts of the European Union are obliged to ask your permission for the use or storage of non-essential cookies and similar technologies on your computers or mobile devices. This Cookie Policy gives you clear and complete information about the cookies 5th Cookie uses, including their purpose.

The cookies we use are safe. The information we collect using cookies helps us to identify possible errors or to show you specific services that we think may be of interest to you.

 

The website uses only cookies from trusted third parties (Hubspot). For cookies placed by third parties please refer to the policies that these parties provide on their respective websites. Please note that we do not have any influence on the content of these policies or on the content of these third-party cookies.

7.3      Types of cookies

There are many different cookies that can be distinguished according to functionality, origin or storage period. Below we first give a general description of the most common types of cookies. Next, a detailed overview is given of the different cookies that are used on the website.

TYPE

FUNCTION

Essential/ Strictly necessary cookies

These cookies are necessary for the website to function and cannot be disabled in our systems. They are usually only set in response to actions taken by you, such as setting your privacy preferences, logging in or filling out forms. They are necessary for good communication and facilitate navigation (e.g. returning to a previous page, etc.).

Our website uses cookies from Hubspot that are strictly necessary for the Web site to function.

Functional cookies

These cookies increase the user-friendliness of the website by reminding you of your choices (e.g. language preference) and offer improved functionality and personalisation to the visitor. For example, these cookies allow certain settings to be personalised at your request. If you do not accept these cookies, this may affect the performance and functionality of the website and may restrict access to content on the website. These cookies can be set by us or by third party providers whose services we have added to our pages.

Performance/ Analytic cookies

These cookies collect information about the use of a website such as the number of visitors, the time visitors spend on a web page and any error messages. They help to improve the performance of the website.  These cookies do not identify you as an individual.

5th Cookie does not use these kinds of cookies on the website.

Advertisement/ Marketing cookies

These cookies are used to deliver content that is more relevant to you. They can be used to deliver targeted ads or to limit the number of times you see an ad. They can also help companies to measure the effectiveness of advertising campaigns on their website. These cookies can be used to remember websites that you have visited and share this information with other parties, including advertisers. These cookies may also be set by advertising partners through a website and used by those companies to build a profile of your interests and show you relevant ads on other sites.

5th Cookie does not use these kinds of cookies on the website.

Third party cookies

First party cookies are cookies that are sent from our servers or domains from which the requested service is offered. Third party cookies are cookies that are sent to your browser from a server or domain that is not managed by 5th Cookie, but by a cooperating organization. Only these third parties have access to those cookies and the information collected by the cookie. If you would like to know more about these cookies, please refer to the policies that these parties offer on their respective websites. Please note that we have no influence on the content of this policy or on the content of these third party cookies.

5th Cookie uses cookies from third party Hubspot.

 

 

Third party cookies

Domain name:

Name cookie

Type

Description

Retention Period

__hs_opt_out

 

Essential/Strictly necessary cookie

This cookie is used by the opt-in privacy policy to remember not to ask the visitor to accept cookies again. This cookie is set when you give visitors the choice to opt out of cookies.

(Expires: 13 months)

__hs_do_not_track

Essential/Strictly necessary cookie

This cookie can be set to prevent the tracking code from sending any information to HubSpot. Setting this cookie is different from opting out of cookies, as it still allows anonymized information to be sent to HubSpot.

(Expires: 13 months)

hs_ab_test

Essential/Strictly necessary cookie

This cookie is used to consistently serve visitors the same version of an A/B test page they’ve seen before.

(Expires: end of session)

<id>_key

Essential/Strictly necessary cookie

When visiting a password-protected page, this cookie is set so future visits to the page from the same browser do not require login again. The cookie name is unique for each password-protected page. 

(Expires: 13 months)

hs-messages-is-open

Essential/Strictly necessary cookie

This cookie is used to determine and save whether the chat widget is open for future visits. It resets to re-close the widget after 30 minutes of inactivity.

(Expires: 30 minutes)

hs-messages-hide-welcome-message

Essential/Strictly necessary cookie

This cookie is used to prevent the welcome message from appearing again for one day after it is dismissed.

(Expires: 1 day)

__hsmem

Essential/Strictly necessary cookie

This cookie is set when visitors log in to a HubSpot-hosted site.

(Expires: 1 year)

__hstc

Consent banner cookies

The main cookie for tracking visitors. It contains the domain, utk, initial timestamp (first visit), last timestamp (last visit), current timestamp (this visit), and session number (increments for each subsequent session).

(Expires: 13 months)

hubspotutk

Consent banner cookies

This cookie is used to keep track of a visitor's identity. This cookie is passed to HubSpot on form submission and used when deduplicating contacts.

(Expires: 13 months)

__hssc

Consent banner cookies

This cookie keeps track of sessions. This is used to determine if HubSpot should increment the session number and timestamps in the __hstc cookie. It contains the domain, viewCount (increments each pageView in a session), and session start timestamp.

(Expires: 30 min)

__hssrc

Consent banner cookies

Whenever HubSpot changes the session cookie, this cookie is also set to determine if the visitor has restarted their browser. If this cookie does not exist when HubSpot manages cookies, it is considered a new session.

(Expires: end of session)

 

7.4.      Your permission

On your first visit to our website you will be asked to accept or refuse cookies.  With this consent you agree to the different types of cookies we use.

 

7.5.      Managing your cookies

You can block cookies by altering your browser’s settings. The rejection of these cookies may inhibit some functionalities on the website.

Currently, some browsers offer a “do not track” or “DNT” option which sends a signal to websites visited indicating a visitor’s tracking preference. 5th Cookie does not currently respond to these signals, because no common industry standard for DNT has been adopted by industry groups, technology companies or regulators. The third-party providers 5th Cookie uses may or may not do anything in response to this signal.

More information on cookies can also be found via the following link: http://www.allaboutcookies.org/

More information on online behavioral advertising and online privacy can be found via the following link: http://www.youronlinechoices.eu/

Article 8 – APPLICABLE LAW AND JURISDICTION

This Privacy and Cookie Policy is managed, interpreted and executed in accordance with the laws of Belgium which exclusively applies to every potential dispute.

The competent courts of Belgium shall have exclusive jurisdiction in relation to any kind of disagreement that could arise from the interpretation or execution of the present Privacy Policy.

Article 9 – QUESTIONS

Questions, comments and requests regarding this Policy are welcomed and should be addressed to

5thCookie c/o Anonos

Rue Belliard 40/ Belliardstraat 40

B - 1040 Bruxelles/Brussel

+32 2 808 12 36

 

Or electronically to privacy@5thCookie.com