This statement aims to transparently and clearly inform you about how we process your personal data. With “personal data” we mean any information that enables your identification, directly or indirectly. The “processing” of your personal data covers each process or a combination of processes related to your personal data such as, among others, but not limited to, compiling, storing, using, updating or erasing.
Table of contents:
- Who are we?
- Why, and on which legal basis, do we process your personal data?
- Who do we share your personal data with?
- How long do we store your personal data?
- What are your rights and how can you exert them?
- Where can you go with your complaints?
- Remarks about children
- Applicable law
Who are we?
We are Alfacharcoal BVBA, with a head office in Kleistraat 8, 9790 WORTEGEM-PETEGEM, Central Enterprise Databank BE 0652.897.595, firstname.lastname@example.org, tel. 0477/84.06.52
Which data do we store and on which legal basis do we process your personal data?
The categories of personal data that can be processed include, among others, the surname, name (or, if applicable, first names), address information (such as street name, number, PO box number, postcode, town/village/city, country, etc.), contact details (e.g. e-mail address, telephone number, fax number, mobile number, fax number, etc.), gender, date of birth, National Register number, identity card number, place of birth, delivery address, account number, job category/position and Central Enterprise Databank and/or VAT number.
We only process -among others- the data, mainly your contact details, you impart to us via these forms in order to be able to meet your requests. In each of our forms we clarify the data you are obliged to fill in, in order to process your request. You are consequently free to decide whether or not you wish to impart your data with us if this is not indicated as obligatory.
If the personal data provided to us was not imparted with explicit consent then this is required for the realisation of the agreement we are involved in and/or for fulfilling legal duties we and/or our customer and/or our supplier and/or our member of staff must meet. All supplied personal data which we find out and process as part of our assignment, shall be used exclusively for professional purposes and is processed in a lawful, proper and transparent way.
Who do we share your personal data with?
In general, we try to avoid sending your personal data to third parties. We therefore only send your personal data to third parties if this is necessary to be able to meet your requests and to inform parties that have to be updated on this personal data in order to properly realise the agreement we are involved in and/or if the law obliges this. If we impart your personal data to a third processor, we limit the access of this third party to data they require in order to fulfil their task. Furthermore, we demand from each of our processors that they respect the Personal Data Protection Act at all times. In addition, we ensure that the necessary measures are taken (e.g. by imposing certain contractual obligations) to guarantee a suitable level of protection of your personal data, if our subcontractor processes your data in a country that does not offer the same level of protection as the European Union.
How long do we store your personal data?
We do not store your personal data for longer than is necessary for the purposes we compile your personal data for, provided that there is no statutory obligation that obliges us to store your data for longer. The personal data is stored for at least the statutory criteria for keeping accounts. The storing of personal data is done with protection that is appropriate and common for a company of our size in our sector.
What are your rights and how can you exert them?
In accordance with the Personal Data Protection Act, and provided that your request meets the legal requirements of proper identification, you can at all times ask us:
- To confirm that we process your personal data and to get a copy of all personal data of yours we process (“right of access”)
- To obtain access to your personal data and to correct it, if necessary, in case of incorrect or incomplete data (“right to rectification”)
- To remove your personal data (“right to be forgotten”)
- To limit the processing of your personal data (“right to restriction of processing”)
- To stop the processing of your personal data (“right to object”) if we process your personal data process for prospection purposes
- To obtain your personal data in a structured, commonly used machine readable file for your own use or to submit it to another controller (“right to data portability”)
Where can you go with your complaints?
You can submit any complaints about how we treat your personal data to our controller:
Kleistraat 8, 9790 Wortegem-Petegem (BELGIUM)
VAT BE 0652.897.595
In addition, you can always address your complaints to the Belgian Data Protection Authority.
Remarks about children
The website and the services that are offered are not subject to people under the age of 16.
In accordance with article 12 of Directive (EU) 2016/679 of the European Parliament and Counsel of 27 April 2016 on the protection of natural persons in relation to the processing of personal data and free movement of this data and on the withdrawal of Directive 95/46/EC, below is a text of articles 15 to 22 as well as Article 34 of the aforementioned directive:
Article 15 (Right of access by the data subject):
“1. The data subject shall have the right to obtain from the controller confirmation as to whether or not personal data concerning him or her are being processed, and, where that is the case, access to the personal data and the following information:
a) the purposes of the processing;
b) the categories of personal data concerned
c) the recipients or categories of recipient to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations
d) where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
e) the existence of the right to request from the controller rectification or erasure of personal data or restriction of processing of personal data concerning the data subject or to object to such processing;
f) the right to lodge a complaint with a supervisory authority;
g) where the personal data are not collected from the data subject, any available information as to their source;
h) the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.
2. Where personal data are transferred to a third country or to an international organisation, the data subject shall have the right to be informed of the appropriate safeguards pursuant to Article 46 relating to the transfer.
3. The controller shall provide a copy of the personal data undergoing processing. For any further copies requested by the data subject, the controller may charge a reasonable fee based on administrative costs. Where the data subject makes the request by electronic means, and unless otherwise requested by the data subject, the information shall be provided in a commonly used electronic form.
4. The right to obtain a copy referred to in paragraph 3 shall not adversely affect the rights and freedoms of others.”
Article 16 (Right to rectification):
“The data subject shall have the right to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement.”
Article 17 (Right to erasure) (“right to be forgotten”):
“1. The data subject shall have the right to obtain from the controller the erasure of personal data concerning him or her without undue delay and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies: a) the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed; 4.5.2016 NL Official Journal of the European Union L 119/43 b) the data subject withdraws consent on which the processing is based according to point (a) of Article 6(1), or point (a) of Article 9(2), and where there is no other legal ground for the processing; c) the data subject objects to the processing pursuant to Article 21(1) and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2); d) the personal data have been unlawfully processed; e) the personal data have to be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject; f) the personal data have been collected in relation to the offer of information society services referred to in Article 8(1).
2. Where the controller has made the personal data public and is obliged pursuant to paragraph 1 to erase the personal data, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform controllers which are processing the personal data that the data subject has requested the erasure by such controllers of any links to, or copy or replication of, those personal data.
3. Paragraphs 1 and 2 shall not apply to the extent that processing is necessary: a) for exercising the right of freedom of expression and information; b) for compliance with a legal obligation which requires processing by Union or Member State law to which the controller is subject or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller; c) for reasons of public interest in the area of public health in accordance with points (h) and (i) of Article 9(2) as well as Article 9(3); d) for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89(1) in so far as the right referred to in paragraph 1 is likely to render impossible or seriously impair the achievement of the objectives of that processing; or; e) for the establishment, exercise or defence of legal claims.
Article 18 (Right to restriction of processing):
“1. The data subject shall have the right to obtain from the controller restriction of processing where one of the following applies: a) the accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data; b) the processing is unlawful and the data subject opposes the erasure of the personal data and requests the restriction of their use instead; c) the controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims; d) the data subject has objected to processing pursuant to Article 21(1) pending the verification whether the legitimate grounds of the controller override those of the data subject.
2. Where processing has been restricted under paragraph 1, such personal data shall, with the exception of storage, only be processed with the data subject’s consent or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or of a Member State.” L 119/44 NL Official Journal of the European Union 4.5.2016
3. A data subject who has obtained restriction of processing pursuant to paragraph 1 shall be informed by the controller before the restriction of processing is lifted.
Article 19 (Notification obligation regarding rectification or erasure of personal data or restriction of processing):
“The controller shall communicate any rectification or erasure of personal data or restriction of processing carried out in accordance with Article 16, Article 17(1) and Article 18 to each recipient to whom the personal data have been disclosed, unless this proves impossible or involves disproportionate effort. The controller shall inform the data subject about those recipients if the data subject requests it.”
Article 20 (Right to data portability):
“1. The data subject shall have the right to receive the personal data concerning him or her, which he or she has provided to a controller, in a structured, commonly used and machine-readable format and have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, where: a) the processing is based on consent pursuant to point (a) of Article 6(1) or point (a) of Article 9(2) or on a contract pursuant to point (b) of Article 6(1); the processing is carried out by automated means.
2. In exercising his or her right to data portability pursuant to paragraph 1, the data subject shall have the right to have the personal data transmitted directly from one controller to another, where technically feasible.
3. The exercise of the right referred to in paragraph 1 of this Article shall be without prejudice to Article 17. That right shall not apply to processing necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller. 4. The right referred to in paragraph 1 shall not adversely affect the rights and freedoms of others.”
Article 21 (Right to object):
“1 The data subject shall have the right to object, on grounds relating to his or her particular situation, at any time to processing of personal data concerning him or her which is based on point (e) or (f) of Article 6(1), including profiling based on those provisions. 2The controller shall no longer process the personal data unless the controller demonstrates compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject or for the establishment, exercise or defence of legal claims.
2. Where personal data are processed for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning him or her for such marketing, which includes profiling to the extent that it is related to such direct marketing.
3. Where the data subject objects to processing for direct marketing purposes, the personal data shall no longer be processed for such purposes. 4.5.2016 NL Official Journal of the European Union L 119/45
4. At the latest at the time of the first communication with the data subject, the right referred to in paragraphs 1 and 2 shall be explicitly brought to the attention of the data subject and shall be presented clearly and separately from any other information.
5. In the context of the use of information society services, and notwithstanding Directive 2002/58/EC, the data subject may exercise his or her right to object by automated means using technical specifications.
6. Where personal data are processed for scientific or historical research purposes or statistical purposes pursuant to Article 89(1), the data subject, on grounds relating to his or her particular situation, shall have the right to object to processing of personal data concerning him or her, unless the processing is necessary for the performance of a task carried out for reasons of public interest. “
Article 22 (Automated individual decision-making, including profiling):
“1. The data subject shall have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her.
2. Paragraph 1 shall not apply if the decision: a) is necessary for entering into, or performance of, a contract between the data subject and a data controller; b) is authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests; or c) is based on the data subject’s explicit consent.
3. In the cases referred to in points (a) and (c) of paragraph 2, the data controller shall implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and to contest the decision.
4. Decisions referred to in paragraph 2 shall not be based on special categories of personal data referred to in Article 9(2)1), unless point (a) or (g) of Article 9(2) applies and suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests are in place.”
Article 34 (Communication of a personal data breach to the data subject):
“1. When the personal data breach is likely to result in a high risk to the rights and freedoms of natural persons, the controller shall communicate the personal data breach to the data subject without undue delay. L 119/52 NL Official Journal of the European Union 4.5.2016.
2. The communication to the data subject referred to in paragraph 1 of this Article shall describe in clear and plain language the nature of the personal data breach and contain at least the information and measures referred to in points (b), (c) and (d) of Article 33(3).
3. The communication to the data subject referred to in paragraph 1 shall not be required if any of the following conditions are met: a) the controller has implemented appropriate technical and organisational protection measures, and those measures were applied to the personal data affected by the personal data breach, in particular those that render the personal data unintelligible to any person who is not authorised to access it, such as encryption; b) the controller has taken subsequent measures which ensure that the high risk to the rights and freedoms of data subjects referred to in paragraph 1 is no longer likely to materialise; c) it would involve disproportionate effort. In such a case, there shall instead be a public communication or similar measure whereby the data subjects are informed in an equally effective manner.
4. If the controller has not already communicated the personal data breach to the data subject, the supervisory authority, having considered the likelihood of the personal data breach resulting in a high risk, may require it to do so or may decide that any of the conditions referred to in paragraph 3 are met.”