vel_you

This is a legal agreement between you and Veldeman Bedding nv (holder of the vel_you® brand) and it determines your use of the vel_you® app and related services. Subject to your acceptance of and compliance with these Terms of Use (the “Terms of Use”), vel_you® hereby grants you a limited, non-exclusive license to use the vel_you® services as set forth herein. The terms “you” and “user” refer to all persons and entities that access the vel_you® services.
By your affirmative actions of registering for and/or using the vel_you® services, you agree to these Terms of Use and our Privacy Policy and you agree that vel_you® may communicate with you electronically with regard to the vel_you® products and services.

Amendments to the Terms of Use

We may amend the Terms of Use. The most recent terms of use can be found on the vel_you® website. Your continued use of the vel_you® services after such modification indicates your acceptance of the amended Terms of Use.

Requirements for the use of the vel_you® services

The use of vel_you® services requires compatible hardware (smartphone), an internet connection and certain software, which may require periodic updates and may be affected by the implementation of these factors. The vel_you® services do not form a guaranteed part of any third-party products and no purchase or acquisition of products or services from third parties can be construed as a promise or guarantee to obtain access to the vel_you® services.

Precautions

The information in the vel_you® app and the accompanying services it provides is for informational purposes only and is not intended to replace the relationship between you and your physician or other healthcare providers. We are not licensed medical professionals and we have no expertise in diagnosing, examining or treating medical conditions of any kind. Never ignore or delay seeking medical advice because of something you have read on or through the vel_you® services.

Information about the Velyou® services : we do our utmost best to provide helpful and accurate information about the vel_you® services, but we give no guarantee, of any kind, with respect to any information, services, or recommendations made available through the vel_you® services.

Your privacy settings

Veldeman Bedding nv is responsible for the processing of your personal data. This means that Veldeman Bedding nv is the entity who decides why and how your personal data is collected and used. Veldeman Bedding nv processes this personal data in its capacity as a company with which you have a commercial/contractual relationship or in its capacity as operator of the vel_you® website and app that you visit or use.

The following personal data will be collected by agreement for the purpose of processing:

  • Identity data, IP address, the domain name of the internet provider, browser type, operating system.
  • Information regarding your sleep behaviour, sleep patterns, habits and preferences.

We collect these personal details in different ways:

  • when you interact with us, you voluntarily provide us with your data;
  • through your use of our app or website  and related technologies.

Whenever information is requested from you, we will indicate if this information is absolutely required and what the consequences would be if you did not provide it.

We always process your personal data for a specific purpose and only process the data necessary to achieve that objective. More specifically, we process personal data for the following purposes:

  1. Management of your account:
    When you open your account, we store, among other things, the following information: identification data and e-mail address. This way, you don’t have to re-enter this information each time.
  2. Provision of optimal consumer service:
    In order to help you quickly with questions, we use your data and make notes that we keep.
  3. Improvement of our products and services:
    We constantly endeavour to improve our services. To this end, we may use your personal data to ask you to participate in a no-obligation consumer or market survey. Sometimes third parties perform that research for us. We will provide your e-mail address to the other party for that purpose. Obviously, this other party must comply with our privacy rules and will, among other things, remove your email address from their database after completion of the survey.
  4. Fraud:
    We use consumer data to investigate, prevent and combat fraud. If required, we also communicate consumer data to the competent (administrative) authorities, judicial authorities or other public bodies.

We do not collect or use personal data and information relating to you without a legal basis, in particular only when:

  • we have received your voluntary, explicit and specific consent;
  • processing is necessary for the performance of a contract or for the fulfilment of an obligation to which we are subjected by virtue of a law, a decree, an ordinance; or
  • the processing of personal data is necessary for the protection of our legitimate interest. In that case, we will ensure that your interests or your fundamental rights and freedoms do not take precedence. Examples of such a legitimate interest are: providing a cost-efficient service, offering our products and services to our consumers, fraud prevention and the protection of our IT systems and networks, compliance with our corporate and social responsibilities.

In principle, your personal data is only accessible to the responsible employees within Veldeman Bedding nv, who must have access to these personal data in accordance with their duties. Veldeman Bedding nv will act either as responsible for the processing of personal data or as a processor on behalf of the responsible party. In any case, these personal data will only be processed for the purposes described above.

In addition, data relating to your sleep pattern is only used anonymously, for example for research into improvements to the vel_you® app or the vel_you® products.

All members of the Veldeman Bedding nv staff are bound by strict internal rules and procedures with regard to the processing of personal data. They are also obliged to comply with the technical and organisational measures we have taken to protect your personal data.

As a rule, we do not share your personal data with anyone outside of the Veldeman Bedding group. However, sometimes it is necessary for operational reasons that we call on carefully selected third parties within the framework of the purposes described above. These recipients may only use the personal data provided for the execution of their specific assignment on the basis of our instructions and may not use it for other purposes.

In the context of the performance of their assignment, these recipients are also obliged to comply with the provisions of the General Data Protection Regulation, as well as their contractual obligations to us.

You may, at any time, object to the use of your personal data for direct consumer purposes. For this purpose, you can send a request by email to our Consumer Service Department (consumer@vel-you.com) or send a letter to Veldeman Bedding nv – Consumer Service – Industrieweg-Noord 1155, B-3660 Oudsbergen.

You can always view your personal data and have them corrected. In some cases, you also have the right to object to its processing and/or to have it deleted. Under certain circumstances, you also have the right to data transferability.

To this end, you can send a request by email to our Consumer Service Department (consumer@vel-you.com) or send a letter to Veldeman Bedding nv – Consumer Service – Industrieweg-Noord 1155, B-3660 Oudsbergen. In both cases (email and post), please include a copy of your identity card or passport so that we can verify your identity.

If you have given your consent for the processing of your personal data, you can revoke it at any time, but you should be aware that in such a case you will not be able to benefit fully from all our services. Such withdrawal will also not affect the lawfulness of the processing based on the consent prior to its withdrawal.

If you are not satisfied with the way in which we process your personal data, you can inform us by sending an e-mail to our Consumer Service Department (consumer@vel-you.com) or send a letter to Veldeman Bedding nv – Consumer Service – Industrieweg-Noord 1155, B-3660 Oudsbergen, and you have the right to submit a complaint to the supervisory authority competent for the protection of personal data.

We take the necessary administrative, technical and organisational measures to guarantee the security and confidentiality of your personal data and protect your personal data against the destruction, loss, misuse, unauthorised provision of unauthorised access with regard to the transmitted, stored or otherwise processed data, whether accidental or unlawful.

These measures shall take account of the state of the art, the cost of implementation, and the nature, extent, context and purpose of the processing, as well as the risks to the rights and freedoms of individuals with regard to processing, which vary in terms of probability and seriousness.

Your personal data will be kept for as long as necessary and for up to 15 years after the submission of the data in order to achieve the purpose for which they were collected and in accordance with the legal, regulatory and internal requirements in this respect. However, if you wish your personal data to be removed from our systems, you can request this as described above.

For questions or submitting requests, you can always contact us by sending an e-mail to our Consumer Service Department (consumer@vel-you.com) or by sending a letter to Veldeman Bedding nv – Consumer Service – Industrieweg-Noord 1155, B-3660 Oudsbergen. We will be happy to help you.

Registration and password: Privacy Policy

You are responsible for keeping your login details and password confidential. You will be responsible for all use of your login details, with or without your permission. You agree to notify us immediately of any unauthorised use of your login details or password. vel_you® cannot and will not accept any responsibility or liability for information submitted by anyone who has fraudulently accessed your vel_you® account, or for any fraudulent use or misuse of the information submitted by you.

Ownership of the vel_you® services

The vel_you® services and all aspects thereof, including all copyrights, trademarks and other intellectual property therein, are the property of Veldeman Bedding nv or its licensors. You acknowledge that the vel_you®services and all underlying technology used in connection with the vel_you® services contain intellectual property rights and proprietary information. You may not reproduce, distribute, modify or create derivative works from, publicly display (including framing), or commercially exploit any of the content of the vel_you® Services except as necessary to access their content or share such content (without modification) for your personal, non-commercial use. All rights in vel_you® services that are not explicitly granted to you by vel_you® are retained by vel_you® and its licensors.
If you breach any of these Terms of Use, your permission to use the vel_you® services will automatically be terminated and you must destroy all copies you have made of any part of the vel_you® services.

Disclaimer by vel_you® users

Upon our request, you agree to defend, indemnify and hold Veldeman Bedding NV and its partners, service providers, licensors, employees and agents harmless against any and all losses, liabilities, damages and costs, including but not limited to reasonable legal and accounting costs arising from any claims, actions or demands with respect to, or purportedly related to: (a) your breach of the Terms of Use; or (b) your breach of any other proprietary rights or third parties rights or any applicable legislation related to your use of the vel_you® services. We reserve the right to assume control of the defence of any third-party claim that is subject to indemnification by you, in which case you will cooperate with us to assert any available defence.

User behaviour

If we determine that a user is using the vel_you® services in an irresponsible manner, we have the right (but not the obligation) to remove, modify or block such use of the vel_you® services.

Changes to vel_you® services

At any time and without prior notice, whether temporarily or permanently, vel_you® may change or remove any function or part of the vel_you® services. You agree that vel_you® shall not be liable to you or any third party for any modification, suspension or termination of any function or any part of vel_you®services.

Services by third parties

vel_you® services may contain links or references to third-party websites. We do not monitor or investigate such websites and we are not responsible for the content, functionality or practices of such websites. The inclusion of links to third-party websites in our vel_you® services does not imply that we approve or endorse the websites linked by us. If you decide to leave our vel_you® services and visit these third-party websites, you do so entirely at your own risk. vel_you® recommends that you read the Terms of Use and the Privacy Policy (if any) of these third-party websites. You agree that vel_you® is not liable for any damage or loss of any kind that may result from your use of a third-party website.

Content and warranty disclaimer

The vel_you® app and products are supplied by vel_you® in their present state. Neither Veldeman Bedding nv nor its partners, suppliers or affiliated companies make any representations or warranties of any kind, express or implied, regarding the use of the vel_you® app, its contents, or any other information made available by or via the vel_you® app. Furthermore, vel_you® does not guarantee that the use of the vel_you® app will be uninterrupted, available at any time or from any location, safe and error-free, that all defects will be corrected, or that the vel_you® app is free of viruses or other potentially harmful components.

Limitation of liability

In no event shall Veldeman Bedding nv be liable for any direct, indirect, incidental, punitive or consequential damages (including without limitation those resulting from loss of profit, lost data or business interruption) arising out of the use, inability to use or consequences of the use of the vel_you® app, regardless of whether such damages are based on the warranty, contract, tort or any other legal fact and regardless of whether or not vel_you® has been advised of the possibility of such damages. vel_you®’s total liability arising from or related to the vel_you® app (regardless of the form of action or claim, for example, a contract, warranty, tort, strict liability, negligence, or any other legal act) is limited to EUR 100. The affiliated companies, suppliers and partners of Veldeman Bedding nv have no liability whatsoever arising from the vel_you® website and app.

The laws applicable in some places may not allow certain restrictions described above, in which case these restrictions will not apply to you.

Dispute resolution

You agree that any disputes between you and vel_you® arising out of or related to these Terms of Use or the use of the vel_you® app (collectively, “Disputes”) will be resolved in the first instance through an arbitration process in order to avoid legal proceedings. Before bringing an action against vel_you®, you agree to resolve the Dispute informally by contacting consumer@vel-you.com. We will then try to resolve the Dispute via email communication. If a Dispute is not resolved within 3 months after it has been submitted, you or vel_you® may proceed with legal proceedings.

The Terms of Use and the resolution of any Disputes shall be governed and construed in accordance with Belgian Law.

Regardless of whether any law or statute states otherwise, any claim or cause of action arising out of or related to your use of the vel_you® app must be filed within one (1) year after such claim or cause of action arose, otherwise the claim or cause of action will be excluded forever.

General

Should any of the provision(s) of the Terms of Use appear(s) to be in breach of the law, then such provision(s) shall be interpreted in such a way as to come as close as possible to the intentions of the parties, while the remaining provisions shall remain in full force and effect. vel_you®’s failure to enforce any of the rights or provisions of the Terms of Use shall not constitute a waiver of that right or provision unless vel_you® has acknowledged and confirmed this in writing. These terms and conditions constitute the entire agreement between you and vel_you® with regard to the subject matter hereof and supersede all prior or simultaneous oral or written agreements. You may not assign this agreement to any other party, and any attempt to do so will be null and void.

Veldeman Bedding nv
Industrieweg-Noord 1155
B-3660 Oudsbergen

vel_you® is a registered trademark of Veldeman Bedding nv
Date of the last update: March, 5th 2020