Privacy Policy

Updated on 12 July 2024

1. Parties and Purpose

The non-profit organization “Festival International du Film de Mons” (hereinafter “the Mons Festival” or the “Data Controller”)

Rue de Nimy 12. 7000 Mons – Belgium

Email: secretariat.festivaldemons@hotmail.com

The Mons Festival establishes this Privacy Policy, the purpose of which is to inform Users of the website hosted at the following address: www.liff-mons.be (hereinafter the “Site”), in a transparent manner about how personal data is collected and processed by the Mons Festival.

The term “User” refers to any user, whether a natural or legal person, who visits or interacts in any way with the Site.

As such, the Mons Festival determines all technical, legal, and organizational means and purposes of the processing of Users’ personal data.
The Mons Festival undertakes to take all necessary measures to ensure that personal data processing complies with the law of 8 December 1992 on the protection of privacy with regard to the processing of personal data (hereinafter the “Law”) and with the European Regulation of 26 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (hereinafter the “Regulation”).

The Mons Festival is free to choose any natural or legal person who processes Users’ personal data on its behalf (hereinafter the “Processor”). Where applicable, the Mons Festival undertakes to select a Processor offering sufficient guarantees regarding technical and organizational security measures for data processing, in accordance with the Law and the Regulation.

2. Processing of personal data

Use of the Site by Users may result in the communication of personal data. The processing of this data by the Mons Festival, as Data Controller, or by service providers acting on behalf of the Mons Festival, shall comply with the Law and the Regulation.

Personal data will be processed by the Mons Festival, in accordance with the purposes listed below, via:

– Newsletter subscription

– Accreditation requests

3. Purpose of personal data processing

In accordance with Article 13 of the Regulation, the purposes of personal data processing are communicated to the User as follows:

– Sending occasional newsletters via the MailChimp platform

– Sending acceptance or rejection of accreditation requests

4. Personal data that may be processed

The User agrees, when visiting and using the Site, that the Mons Festival may collect and process, in accordance with the terms and principles described in this Privacy Policy, the following personal data:

If subscribing to the newsletter: name and email address

If applying for accreditation: full contact details as well as a passport photo

5. Consent

By accessing and using the Site, the User declares that they have read and freely, specifically, knowingly, and unambiguously agreed to the processing of their personal data. This agreement relates to the content of this Privacy Policy.

Consent is given through a positive action by which the User has ticked the box linking to the Privacy Policy. This consent is an essential condition for performing certain operations on the Site or for allowing the User to enter into a contractual relationship with the Mons Festival. Any contract between the Mons Festival and a User relating to services and goods offered on the Site is subject to acceptance of the Privacy Policy.

The User consents to the Data Controller collecting and processing, in accordance with the terms and principles set out in this Privacy Policy, their personal data communicated on the Site or in the context of services offered by the Mons Festival, for the purposes stated above.

The User has the right to withdraw their consent at any time. Withdrawal of consent does not affect the lawfulness of processing based on consent given prior to withdrawal.

6. Retention period of Users’ personal data

In accordance with Article 13 §2 of the Regulation and the Law, the Data Controller retains personal data only for the time reasonably necessary to achieve the purposes for which it is processed.

This period is in all cases less than: 1 year

7. Recipients of data and disclosure to third parties

Personal data may be transmitted to employees, collaborators, processors, or suppliers of the Mons Festival who provide adequate data security guarantees and who work with the Mons Festival in the context of marketing products or providing services. They act under the direct authority of the Mons Festival and are responsible in particular for collecting, processing, or subcontracting this data.

In all cases, recipients of the data and those to whom it has been disclosed comply with this Privacy Policy. The Mons Festival ensures that they process the data solely for the intended purposes, in a discreet and secure manner.

If data is disclosed to third parties for direct marketing or prospecting purposes, the User will be informed in advance so that they may express their consent to such use of their personal data.

8. Image rights

Participation in festival screenings and events implies implicit acceptance of possible image capture on media covering the event and for promotional purposes across the festival’s various channels.

The photos taken and published are used for communication and promotional purposes related to the Mons Festival. The photographs are not sold to any third parties.

The Mons Festival, as owner of these photos, guarantees their proper use.

Photographs may be transferred to:

• Google Photos (US). This product belongs to Google, which has its own privacy policy: https://policies.google.com/privacy. This tool is used by the Mons Festival to facilitate photo sharing. No personal information, direct or indirect, is collected by the Mons Festival through this service.
• The various social networks managed by the Mons Festival for promotional purposes.
• Third parties (e.g., journalists) for promotional purposes only.

Your rights

Case law and legal doctrine generally agree that when a person appears in public, for example in a public place, they give tacit consent. This consent is inferred from the circumstances. Likewise, no authorization is generally required to take and use images of crowds. However, if you are the main subject of a photo, even if the primary purpose is to “show” the festival’s activities and atmosphere, you have the right to object to the taking and/or dissemination of the image.

You may express your objection directly to the photographer on the day of the event or afterwards by sending an email to presse.festivaldemons@gmail.com.
More information: autoriteprotectiondonnees.be.

9. Users’ rights

At any time, the User may exercise their rights by sending an email to the following address: secretariat.festivaldemons@hotmail.com, or by postal mail including a copy of their identity card, addressed to the Festival at: Rue de Nimy 12, 7000 Mons – Belgium.

a. Right of access

In accordance with Article 15 of the Regulation, the Mons Festival guarantees the User the right of access to their personal data. The User has the right to obtain access to such data as well as the following information:

• the purposes of processing;
• the categories of personal data concerned;
• the recipients or categories of recipients to whom the personal data has been or will be disclosed, in particular recipients in third countries or international organizations;
• where possible, the envisaged retention period of the personal data or, if not possible, the criteria used to determine that period;
• the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) of the Regulation, and, at least in such cases, meaningful information about the logic involved as well as the significance and envisaged consequences of such processing for the data subject.

The Data Controller may require reasonable fees based on administrative costs for any additional copies requested by the User.

When the User submits the request electronically, the information shall be provided in a commonly used electronic format, unless otherwise requested.

The copy of their data will be provided to the User no later than one month after receipt of the request.

b. Right to rectification

The Mons Festival guarantees the right to rectification and deletion of personal data.

In accordance with Article 16 of the Regulation, incorrect, inaccurate, or irrelevant data may be corrected or deleted at any time. The User should first make changes themselves via their user account, unless this is not possible, in which case the request may be made to the Mons Festival.

In accordance with Article 19 of the Regulation, the Data Controller shall notify each recipient to whom personal data has been disclosed of any correction, unless this proves impossible or involves disproportionate effort. The Controller shall provide the data subject with information about these recipients upon request.

c. Right to erasure

The User has the right to obtain the deletion of their personal data without undue delay in the cases listed in Article 17 of the Regulation.

Where the Data Controller has made personal data public and is required to erase it, it shall take reasonable steps, including technical measures, to inform other controllers processing the data that the data subject has requested erasure of any links to, copies, or reproductions of that data.

The above paragraphs do not apply where processing is necessary:

• for exercising the right of freedom of expression and information;
• for compliance with a legal obligation or for the performance of a task carried out in the public interest;
• for the establishment, exercise, or defence of legal claims.

In accordance with Article 19 of the Regulation, the Controller shall notify each recipient of any erasure or restriction of processing, unless impossible or disproportionate. Information about recipients shall be provided upon request.

d. Right to restriction of processing

The User has the right to obtain restriction of processing of their personal data in the cases listed in Article 19 of the Regulation.

In accordance with Article 19 of the Regulation, the Controller shall notify recipients of such restriction unless impossible or disproportionate, and provide information upon request.

e. Right to data portability

In accordance with Article 20 of the Regulation, Users have the right to receive their personal data in a structured, commonly used, and machine-readable format. They also have the right to transmit those data to another controller without hindrance.

Where technically feasible, the User may request direct transfer of personal data from one controller to another.

This right does not affect the right to erasure and does not apply where processing is necessary for a task carried out in the public interest.

It does not prejudice the rights and freedoms of others.

f. Right to object and automated decision-making

The User has the right to object at any time to the processing of their personal data based on their particular situation, including profiling. In accordance with Article 21 of the Regulation, the Mons Festival will no longer process the data unless it demonstrates compelling legitimate grounds.

Where data is processed for direct marketing purposes, the User has the right to object at any time, including profiling related to such marketing.

Where the User objects to processing for marketing purposes, the data will no longer be used for such purposes.

g. Right to lodge a complaint

The User has the right to lodge a complaint regarding the processing of their personal data with the Belgian Data Protection Authority. More information is available at: https://www.autoriteprotectiondonnees.be.

Complaints may be submitted to:

Data Protection Authority

Rue de la Presse 35, 1000 Brussels

Tel. +32 2 274 48 00

Fax +32 2 274 48 35

Email: contact@apd-gba.be

The User may also lodge a complaint with the court of first instance of their place of residence.

10. Cookies

The Site uses cookies to distinguish Users. This improves browsing experience and the Site’s functionality. The purposes and modalities of cookies are described below.

a. General principles

A “Cookie” is a file stored temporarily or permanently on the User’s device during browsing, allowing recognition on later visits.

Cookies may also be installed by third parties working with the Mons Festival.

Some cookies are necessary for proper Site functioning, others improve user experience.

Users may configure or disable cookies via their browser settings.

By using the Site, the User expressly agrees to cookie usage as described.

b. Types of cookies and purposes

The Site uses:

• Technical cookies: necessary for Site operation and navigation;
• Statistical and audience cookies: used to measure usage and improve the Site based on browsing behavior;
• Functional cookies: store user preferences such as language or username;

c. Retention period

Cookies are stored for as long as necessary for their purpose. Maximum retention period: 1 year.

d. Cookie management

Users can manage or delete cookies via browser settings. Browsers may also notify users when cookies are used.

If cookies are disabled, some Site features may not function properly.

Users may manage cookies via:

• Internet Explorer: http://windows.microsoft.com/en-us/windows-vista/block-or-allow-cookies
• Microsoft Edge: http://windows.microsoft.com/en-gb/windows-10/edge-privacy-faq
• Chrome: https://support.google.com/accounts/answer/61416?hl=fr
• Firefox: https://support.mozilla.org/fr/kb/effacer-cookies-donnees-site-firefox
• Safari: https://support.apple.com/fr-be/HT201265

To refuse Google Analytics cookies, users may visit: http://tools.google.com/dlpage/gaoptout

11. Limitation of liability of the Data Controller

The Site may contain links to third-party websites. The Mons Festival is not responsible for their content or compliance with applicable laws.

Parental consent is required for users under 16. The Mons Festival cannot be held responsible for incorrect age declarations or unauthorized use by minors.

The Mons Festival is not responsible for loss, corruption, or theft of personal data due to viruses or cyberattacks.

12. Security

The Data Controller implements appropriate technical and organizational security measures depending on cost, context, and purpose.

Standard encryption technologies are used when transferring or collecting data.

13. Changes to the Privacy Policy

The Mons Festival reserves the right to modify this Privacy Policy to comply with legal obligations. Users are encouraged to consult it regularly. Changes may be published on the Site or sent by email.

14. Applicable law and jurisdiction

This Privacy Policy is governed exclusively by Belgian law. Any dispute shall be brought before the courts of the judicial district of the Mons Festival’s registered office.

15. Contact

For any questions or complaints regarding this Privacy Policy, Users may contact the Data Controller at: presse.festivaldemons@gmail.com