Privacy Policy & Terms and Conditions

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Privacy Policy

Start-up Survival BVBA, registered with the Belgian Crossroads Bank of Enterprises under company number "BE0722.659.502" and having its registered office at Maaltebruggestraat 169, B-9000 Ghent and Vlerick Business School, public utility foundation, registered with the Belgian Crossroads Bank of Enterprises under company number 0424.2044.049 and having its registered office at Reep 1, 9000 Ghent (the “Organizers”, “we”, “us”) recognize and understand the importance of the privacy of its users (“you”). All your Personal Data (as defined below) collected by the Organizers will be processed in accordance with (A) the EU Regulation 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation) dated May 25, 2018, and (B) together with the codes of practice, codes of conduct, regulatory guidance and standard clauses and other related legislation resulting from such Directive or Regulation, as updated from time to time. The Organizers will solely use your Personal Data (as defined below) for purposes mentioned in this Privacy Policy and we will not disclose your Personal Data to any Third Parties (as defined below), unless stated otherwise in this Privacy Policy.

Please read our Privacy Policy, which you can also consult on our website www.scaleupmasterclass.com (“Website”), carefully. In this Privacy Policy you can find information on:

  • What Personal Data we collect from you and for which Purpose (as defined below);
  • The measures to safeguard the access to and the security of your Personal Data;
  • Which Third Parties may have access to your Personal Data; and
  • Your rights to access, rectify, and erase your Personal Data and object to the processing of your Personal Data.

This Privacy Policy applies to the relationship between the Organizers and you. The Organizers undertake to process, store and utilize your Personal Data in accordance with this Privacy Policy.

In order to use the Organizers’ Services (as defined below) and Website, you must first acknowledge and agree with this Privacy Policy.

1. General

All capitalized terms will have the meaning as set forth in section 2 of this Privacy Policy.

The Organizers offer you the opportunity to enter into the Masterclass during which you will receive preparatory entrepreneurial training in the form of (i) online mentoring, workshops video-classes and tutorials, and (ii) an offline kick-off event and graduation event.

2. Definitions

Masterclass” means the “Scale-up Masterclass” to be organized by the Organizers from April 4 2019 to July 4 2019;

Personal Data” means any information relating to an identified or identifiable natural person, and more specifically the information as mentioned under section 3;

Purpose” has the meaning as set out in section 4;

Services” means all kind of support measures or facilities related to your application or admission to the Masterclass provided by the Organizers; and

Third Parties” means any natural or legal person or entity other than the Organizers.

3. Personal Data we collect

We may collect several types of Personal Data from you and store it on our servers such as:

  • Contact information (e.g. your name, postal address, e-mail address, fax number telephone number, business locations);
  • Contact information of your business partner/co-founder, if any (e.g. name, e-mail address);
  • Information on whether or not your business generates revenue;
  • Billing information (e.g. bank account number, credit card number,..);
  • The profile data provided by you on our Website or by making use of the Services (e.g. professional skills, business experience, date of birth, gender, associations or organizations that you may be a member of, other contact details, main interests);
  • Other data relevant to providing you with appropriate services, programs or memberships you require;
  • Information in helpdesk support inquiries;
  • Web behaviour information such as information related to how you use the Website (e.g. browser type, domains, page views) collected through cookies and other automated technology (section 6 ‘Cookies’).

4. How your Personal Data is processed – Purpose of the processing

The Organizers (i) collect, (ii) use and (iii) maintain the Personal Data provided by you or collected by the Organizers for all purposes necessary to provide you with the Services and to ensure the proper functioning and operation of the Website. These purposes may include (collectively the “Purpose”):

  • To provide programs, memberships or benefits to you;
  • To process any application, registration, membership, or comment or request you make, including but not limited to the registration for the Masterclass, and/or the registration to receive a poster of the Masterclass;
  • To better service your relationship with us by responding to requests that make or aid us in serving you better;
  • For subscriptions, entry into competitions, participation in surveys or similar activities;
  • Diagnosing possible technical problems and managing technical support and processing inquiries concerning the Services;
  • To develop new and or improved services, or offerings;
  • Performing data analyses (including anonymization and aggregation of Personal Data) and using and sharing the resulting (statistical) data to you for internal purposes;
  • The operation, evaluation and improvement of the Website (including the development of additional services, enhancing and improving the current Website, analysis of our Website, quality control activities and performing internal business functions such as accounting and auditing);
  • Protecting against, identify and prevent fraud and other unlawful activity, claims and other liabilities; and
  • Complying with and enforcing any applicable legal obligations, Privacy Policy and to notify you when we make material changes to our Privacy Policy.


Furthermore, you agree that the Organizers are free to access, retain, and disclose Personal Data in the following events:

  • In order to be in compliance with any applicable legislation or regulations;
  • If a law enforcement authority or other government official requests so;
  • To enforce this Privacy Policy;
  • The investigation of any suspected or actual fraudulent or illegal activity; and
  • To protect you or the Organizers’ safety and/or rights.

5. Security

The Organizers will take appropriate administrative, technical and organizational measures against unauthorized or unlawful processing of any Personal Data or its accidental loss, destruction or damage, access, disclosure or use. Furthermore, we will make sure that access to your Personal Data is restricted to persons, employees, associates and Third Party providers who need to know that information in order to deliver our Services, programs, memberships and benefits.

In the event of and following discovery or notification of a breach of the security of the Personal Data, or access by an unauthorized person, the Organizers are required by law to notify you if the breach is likely to affect your privacy.

6. Cookies

When using the Website, the Organizers may collect certain information by automated means, such as cookies (small text files stored in your browser) and similar technologies, including mobile application identifiers, to improve your experience of the Website, increase security, measure use and effectiveness of the Website, identify and resolve issues and marketing purposes. We may also use cookies and other automated means for purposes such as management of the Website and other aspects of the commercialization of our business.

The information we collect in this manner includes IP address, browser characteristics, device characteristics, operating system version, information on actions taken on our Website (such as usage, activity logs and click-throughs), and dates and times of visits. You will always be free to decline our cookies if your browser permits, however please note, that without cookies the Website may not work properly or you may not be able to use all of its features.

Third Parties may also use cookies to collect information about your activities on our Website to understand and continue improving the performance of our Website. Please check the relevant Third Party’s website for more information about their use of cookies as they will use cookies in accordance with their own cookies policy, which may differ from our Policy.

7. Disclosure to Third Parties

The Organizes can instruct Third Parties to perform services for them, in which case the parties will draw up an agreement in which they lay down the duties of the service provider with regard to the processing of Personal Data. In this contract it is stipulated that the Third Party will handle any disclosed Personal Data confidentially, carefully, and in compliance with privacy legislation.

When we share your Personal Data with Third Parties that are controllers of that information, they may disclose or transfer it to other organizations in accordance with their data protection policies. This does not affect any of your data subject rights as detailed below. In particular, where you ask us to rectify, erase or restrict the processing of your information, we take reasonable steps to pass this request on to any such Third Parties with whom we have shared your Personal Data.

Other than as set out in this Privacy Policy, the Organizers will not sell or otherwise disclose your Personal Data to Third Parties without obtaining your prior explicit consent, unless this is necessary for the Purpose set out in this Privacy Policy or unless we are required to do so by law.

In the event of full or partial merger with, or acquisition of all or part of the Organizers, the Organizers may transfer your Personal Data to a Third Party. In such event, the Organizers will impose this Third Party to use any Personal Data strictly consistent with this Privacy Policy.

8. Your rights

If you are concerned or have any questions about your Personal Data and provided you are able to prove your identity, you have the right to request access and information with respect to your Personal Data, which the Organizers holds or processes about you. We will then provide you with information about the Personal Data that is being processed and on the source of such Personal Data.

Right of rectification and right of erasure

You have the right to request us, free of charge, to correct, erase or block any inaccuracies in your Personal Data if such Personal Data would be incomplete, inaccurate or processed unlawfully.

You have the right to request us, free of charge, to erase all your Personal Data collected, stored and processed by us, without unreasonable delay.

Right to object to data processing

You may withdraw your consent to the processing of your Personal Data by the Organizers at any time.

We may solely use your Personal Data to contact you through mail to suggest certain user opportunities that might be interesting to you and/or for direct marketing purposes in the event that you have explicitly consented hereto. If you have consented hereto in the past, and you no longer want to receive suggestions and/or direct marketing through mail, you may at any time unsubscribe.

Withdraw consent at any time

You have the right to withdraw your personal data where we are relying on consent to process it. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain services to you. We will advise you if this is the case at the time you withdraw your consent.

Making a complaint

If you are not satisfied with how the Organizers manages your personal data, you have the right to make a complaint to the Data Protection Authority in Belgium. The contact details for the Data Protection Authority, the data protection regulator in Belgium, are available on the Data Protection Authority’s website. Where your Personal Data has or is being used in a way that you believe does not comply with data, however, we encourage you to contact us before making any complaint and we will seek to resolve any issues or concerns you may have.

To exercise your abovementioned rights or any other questions concerning this Privacy Policy, please contact us:

- Start-up Survival BVBA: by e-mail at robin@startupsurvival.com or by writing to Start-up Survival BVBA, Maaltebruggestraat 169, B-9000 Ghent, Belgium;

- Vlerick Business School: by e-mail at database@vlerick.com or by writing to Vlerick Business School, Attn. Data Knowledge Centre, B-9000 Ghent, Belgium.

9. Data retention and deletion

We will only retain your Personal Data for as long as necessary to fulfil the Purpose we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.[SV1]

The length of time we retain your Personal Data is determined by a number of factors including the purpose for which we use that information and our obligations under other laws. We determine the period of retention of your Personal Data based on the following criteria:

  • Retention in case of queries. We will retain your Personal Data in case of queries from you, including on behalf of an organization for whom you work.
  • Retention in case of claims. We will retain certain of your Personal Data for the period in which you or a Third Party might bring claims against us.
  • Retention in accordance with legal and regulatory requirements. We will carefully consider whether we need to retain your Personal Data after the period described above in case of a legal or regulatory requirement.

The exceptions to the above are where:

  • you exercise your right to require us to retain your Personal Data for a period longer than our stated retention period;
  • you exercise your right to have the information erased (where it applies) and we do not need to hold it in connection with any of the reasons permitted or required under the law;
  • we bring or defend a legal claim or other proceedings during the period we retain your Personal Data, in which case we will retain your Personal Data until those proceedings have concluded and no further appeals are possible; or
  • in limited cases, existing or future law or a court or regulator requires us to keep your Personal Data for a longer or shorter period.

When we no longer need your personal data, we securely delete or destroy it.

In any event the Organizers ensure that any and all of your Personal Data will be deleted within thirty (30) calendar days following such deletion request.

[SV1]Voor programma’s is dit niet toelaatbaar.

10. Third Party websites or applications

You acknowledge and agree that certain content or services provided by Third Parties may be made available to you through the Website. You agree that such linked content or services may have their own privacy policies for which the Organizers cannot be held responsible. The Organizers do not in any way review or endorse the privacy practices of such Third Parties.

11. Updates or changes to our Privacy Policy

Occasionally, we may change or update this Privacy Policy to allow us to use or share your previously collected Personal Data for other purposes. If the Organizers would use your Personal Data in a manner materially different from that stated at the time of the collection, we will provide you with a notice on our Website indicating that the Privacy Policy has been changed or updated and request you to agree with the updated or changed Privacy Policy.

Controllers:

Start-up survival BVBA
Maaltebruggestraat 169
B-9000 Ghent – robin@startupsurvival.com

Vlerick Business School
Public utility foundation
VAT BE 0424.244.049
Legal persons’ register Ghent
Reep 1, B-9000 Ghent
database@vlerick.com
www.vlerick.com

Terms and Conditions

Payment

All invoices billed by Start-up Survival are payable by the due date mentioned on the invoice, save if otherwise agreed upon, or upon subscription if they are to be paid immediately (e.g. online payment). In case the outstanding amount is not paid by the date due, interest will be charged, according to the law, automatically, without declaration of default. In addition, the contracting party shall also pay a fixed administrative fee covering the costs caused by the late payment.
The contracting party acknowledges and agrees that this fee to be set at 10% of the total outstanding amount (exclusive of the interest) with a minimum fee of € 65. Costs incurred by unpaid bills or bouncing cheques and any other collecting charges are not included in the fixed fee and will be charged separately. Any dispute over an invoice must be notified in writing (by registered mail, fax with acknowledgement or e-mail with acknowledgement) to the secretariat of the training in question or, if not applicable, to the accounting department of Start-up Survival within 15 working days after the receipt of the invoice. The procedures set out under this topic will apply to both professionals as consumers as contracting party.

Cancellations

In case the contracting party is compelled to cancel his registration, the following procedures must be adhered to:

1.If the contracting party is to be considered a professional

  • In case the programme, course, training or otherwise is set to start on a fixed date, the following procedure applies:
  • Participant may cancel his participation free of charge within a term of fourteen (14) calendar days after receipt of the written confirmation of the registration, unless the commencement date of the programme is within that term.
  • Cancellations must be notified to the secretariat of the training in question in writing (by letter, fax or e-mail).
  • For cancellations more than 90 days before the start of the training, no registration fee is due.
  • For cancellations between 90 and 30 days before the start of the training, an administrative fee amounting to 25% of the registration will be charged.
  • For cancellations between 29 and 14 days before the start of the training, an administrative fee amounting to 50% of the registration will be charged.
  • For cancellations on the thirteenth day or less than thirteen days before the start of the training, the full registration fee is due.
  • To eliminate any source of misunderstanding, the cancellation is only deemed valid after Start-up Survival has duly notified the contracting party and stated its acceptance of the cancellation.

Start-up Survival always offers the contracting party an opportunity to arrange for an acceptable replacement of person, insofar this person meets the criteria (if any) for participation in the activities of the School. No cancellation fee is then indebted. Non-attendance or early departure during the course of the training will not be compensated. Exceptionally, Start-up Survival may allow the contracting party, who cannot participate in the training for 1 or more days, to participate in the next edition of this training, i.e. provided an edition with the same content will be organised and subject to the payment of a fixed administrative fee of € 150 (excluding 21% VAT) per training day rescheduled at a later date.

Start-up Survival reserves the right to cancel the training up to 7 calendar days before the start of the training.
Registration fees already paid will then be refunded to the contracting party within 14 calendar days after notification of the cancellation.

These cancellation rules only apply to management programmes. For MBA & Masters programmes and customised programmes specific cancellation rules will be notified to the contracting party at registration or when signing the contract.

In case the programme, course, training or otherwise has no fixed starting date and can therefore be accessed on a rolling basis (e.g. online programmes, courses, training or otherwise), the following procedure applies:

  • Cancellations must be notified to the secretariat of the training in question in writing (by letter, fax or e-mail).
  • Once the contracting party has received access to the platform or the (first part of the) content bites, the full registration fee will be due.
  • For cancellations before such access has been granted or released by Start-up Survival, no cancellation fee will be due by the contracting party.
  • To eliminate any source of misunderstanding, the cancellation is only deemed valid after Start-up Survival has duly notified the contracting party and stated its acceptance of the cancellation.

Registration fees already paid will then be refunded to the contracting party within 14 calendar days after notification of the cancellation.

Start-up Survival can decide, at request, to offer the contracting party an opportunity to arrange for an acceptable replacement of the subscribed person, insofar this person meets the admission criteria (if any). This only under the condition that the programme has not yet started. No cancellation fee is then indebted.

These cancellation rules apply to all programmes, courses, trainings or otherwise that have no fixed starting date and are therefore accessible on a rolling basis.

2.If the contracting party is to be considered a consumer

All cancellations must be notified to the secretariat of the training in question in writing (by letter, fax or e-mail).

If the contract with regard to a specific programme, course, training or otherwise is to be regarded a distance contract (e.g. concluded online through the website), consumers have the right to withdraw from the contract within 14 days without giving any reason whatsoever. This applies to both programmes, courses, trainings or otherwise starting on a fixed date, as on a rolling basis.

This withdrawal period will expire after 14 days as of the day (i) on which the consumer acquires physical possession of (the last item of the series of) the goods, in case of a sales contract, or (ii) of conclusion of the contract, in case the contract entails the provision of services (including digital content not supplied on a tangible medium). To meet the withdrawal deadline, it is sufficient to send the communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.

To exercise the right of withdrawal, the consumer shall inform Start-up Survival (through the secretariat of the training in question) about the decision to withdraw from the contract by an unequivocal statement (by letter, fax or e-mail).

Upon legitimate use of the right of withdrawal, Start-up Survival shall reimburse all payments received, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days as from the day on which Start-up Survival is informed about the decision to withdraw from the contract. Start-up Survival will carry out such reimbursement using the same means of payment as the consumer used for the initial transaction, unless the consumer expressly agrees otherwise. In any event, no fee shall be incurred as a result of such reimbursement.

If the consumer has received any goods in connection with the concluded contract with Start-up Survival, the consumer shall send back the goods or hand them over to Start-up Survival without undue delay and in any event not later than 14 days as from the day on which the withdrawal is communicated to Start-up Survival. The consumer will have to bear the direct costs of returning the goods.
The consumer shall only be liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

In case of a contract for the provision of services (including digital content supplied on a non-tangible medium), the consumer shall pay Start-up Survival an amount which is in proportion to what already has been provided until withdrawal is communicated to Vlerick Business School, in comparison with the full coverage of the contract, if the consumer has requested to begin the performance of the services or the supply of the digital content during the withdrawal period.

The consumer will no longer be entitled to withdraw from a contract to provide services (or to supply digital content), after the services have been fully performed or the consumer has been granted access to the digital content (or the digital content has been released), if the consumer has given his/her express consent to begin the performance, supply or release during the withdrawal period and he/she has acknowledged that he/she will lose the right of withdrawal once the services have been fully performed or the consumer has been granted access digital content (or the digital content has been released).

Once the withdrawal period has expired, the standard general terms and conditions on cancellations (i.e. those applicable on professionals) apply.

Participant list

By registering for the programme, the contracting party allows Start-up Survival to share the following personal data with (1) guest speakers (2) jury members, experts and/or coaches and (3) fellow participants via e-mail, a participant list and/or an online programme app:

(1) Guest speakers will receive the contracting party’s name, function and employer for the purpose of facilitating and preparing the guest speaker’s teaching sessions only;
(2) Jury members, experts and/or coaches will receive the contracting party’s name, company and e-mail for evaluating and coaching purposes;
(3) Fellow participants will receive the contracting party’s name, function, employer and e-mail (and in case of a long-term programme also the contracting party’s phone number) for the purpose of networking and group work.

Guest speakers, jury members, experts and/or coaches are only provided with a participant list if they agree to protect the personal data of participants received from Start-up Survival in accordance with all laws, regulations and rules by any government, agency or authority, that are applicable with respect to the processing of personal data. More information on the processing of personal data is available in our privacy policy.

Images and recordings

By attending the programme, the contracting party grants Start-up Survival full rights (1) to take/make images and recordings (such as camera, photographic and video recordings and digital photos) and (2) to use these images and recordings and any reproductions or adaptations for marketing and publicity related purposes to help achieve Start-up Survival's objective of providing education, research and services in the field of management sciences. This might include (but is not limited to) the right to use these images and/or recordings in their printed (brochures, posters, etc.) and online (website, online banners, etc.) publicity, social media, image and video hosting websites and press releases. Images and recordings will be held and used in publicity for up to 5 years.

The contracting party can - at any time - withdraw its consent of its images and recordings being used for the above-mentioned purpose(s) by sending an e-mail to robin@scaleupmasterclass.com. More information on the processing of personal data is available in our privacy policy.

Force Majeure

Force majeure is understood to be any failure in carrying out the agreement which cannot be imputed either to Vlerick Business School or the contracting party, and which causes the affected party’s fulfilment of this agreement to be either impossible, or an unreasonable requirement. In case of force majeure neither party to the agreement will be held liable to fulfil the terms of the agreement or to pay compensation. Force majeure includes (but is not limited to): strikes, lockouts, industrial disputes, serious transport disruptions including breakdowns and fuel shortages, lack of telecommunication facilities, actions or inactions of public authorities, acts of violence or war, acts of terrorism, natural disasters, health epidemics and quarantines, etc. However, illness of the contracting party is expressly ruled out as a reason for claiming force majeure.

Complaints & Governing Law & Competent Courts

Any complaints about a management programme are treated confidentially and need to be notified in writing to Start-up Survival at the latest within 40 calendar days after the end of the training. The School sends the contracting party within 14 calendar days after receipt of the complaint a written confirmation of receipt and ensures that the complaint is dealt with within 4 weeks after the date of the confirmation of receipt. A one-time extension of this period with maximum 4 weeks is possible. In the latter case, the contracting party shall be informed hereof in writing.

The aim is to settle complaints amicably. This also includes the possibility to bring the complaint to an independent expert for advice or mediation. If a complaint cannot be settled amicably, there is a dispute that will be submitted to the competent court.

Belgian law is exclusively applicable to these general terms and conditions and to the agreement. The parties expressly acknowledge and agree that the competent courts of Ghent have sole jurisdiction over any disputes arising from either this agreement or these terms and conditions.