DATA PROTECTION Notice Pattyn Albert & Cie NV

1. Introduction

Pattyn Albert & Cie NV, with corporate headquarters at Nijverheidslaan 34, at 8560 Gullegem and registered at the Companies Register with company number 0437.897.293, attaches a lot of value to safe, transparent and reliable gathering and processing of your personal details. We particularly wish to protect the details of, for instance, our customers, subcontractors and suppliers against loss, leaks, errors, unauthorised access or unlawful processing.

By means of this Data Protection Notice we wish to inform you about the gathering and processing of your personal details. We ask that you carefully read this Data Protection Notice, since it contains essential information about the ways in which your personal details are processed and for what reasons. By providing your personal details, you explicitly declare to have taken notice of this Data Protection Notice and also you explicitly agree to the processing itself.

2. Scope

This Data Protection Notice pertains to all services provided by us and all our activities in general.

3. The controller and his obligations

Pattyn Albert & Cie NV, with corporate headquarters at Nijverheidslaan 34, at 8560 Gullegem and with company number 0437.897.293 is the controller of your personal details. Concerning the gathering and processing of your personal details, we respect the Belgian regulations regarding protection of personal details, as well as the General Data Protection Regulation (“GDPR”) from the date that it took effect, on 25 May 2018.

4. Personal details

Depending on your activities and your relation with our company, you will share the following personal details with us: your identity and contact details (name, title, address, email address, telephone and mobile number). For certain specific legal requirements (electronic presence detection, 30bis-aangifte van werken), it may so happen that you provide us with additional details to register your presences (such as E-ID-details, Limosa number). We wish to point out that you are responsible for all details you provide us with and that we trust these details to be correct. Should your details no longer be up-to-date, we request you to inform us immediately. You are not obliged to communicate your personal details, but you should appreciate that providing certain services or collaboration will become impossible if you do not agree with the gathering and processing of your details.

5. Processing purposes and legal basis

5.1 Customer details

In the context of our service provision and our activities, we gather and process the identity and contact details of our customers and purchasers, their staff, employees, appointees and other relevant contacts. The purposes of the processing is the implementation of the agreements with our customers, the customer management, the accountancy and direct-marketing activities such as sending promotional or commercial information. The legal grounds are the implementation of the agreement, the fulfilling of legal and regulatory obligations (e.g. the 30bis-aangifte van werken) and/or our legitimate interest.

5.2 Details of suppliers and subcontractors

We gather and process the identity and contact details of our suppliers and subcontractors, as well as of their possible (sub)contractors(s), their staff, employees, appointees and other relevant contacts. The purposes of the processing is the implementation of this agreement, the management of the suppliers/subcontractors, the accountancy and direct-marketing activities, such as the sending of promotional or commercial information. The legal grounds are the implementation of the agreement, the fulfilling of legal and regulatory obligations (e.g. the obligatory electronic presence detection, the 30bis-aangifte van werken, the attendance list or other obligations for public contracts, etc.) and/or our legitimate interest (e.g. for direct marketing). When applicable, during the electronic presence detection also the E-ID-details or the Limosa number will be processed. Permission will always be asked, and can also be withdrawn at any time, for direct marketing activities by email (such as a newsletter or invitation to events).

5.3 Staff details

We process the personal details of our employees in the context of our staff management and the payroll administration. In view of its specific nature, this processing is more extensively regulated in a Policy Data Protection for employees.

 

 

5.4 Other details

In addition to the details of customers, suppliers/subcontractors and staff, we also process personal details of others, such as potential new customers/prospects, relevant contacts within our sector, network contacts, contacts of experts, etc. The purposes of this processing are in the interest of our activities, direct marketing and public relations. The legal basis is our legitimate interest or in some cases the implementation of an agreement.

6. Duration of the processing

The personal details are being kept and processed by us during the period necessary with regard to the purposes of the processing and depending on the (possibly contractual) relation we have with you. Customer details and details of suppliers or subcontractors will in any case be removed from the system, ten years after termination of the agreement or the project, except for the personal details that we are obliged to keep on the basis of specific legislation, or in case of an ongoing dispute for which the personal details are still required.

7. Rights

In accordance with and under the conditions of Belgian privacy law and the provisions of the General Data Protection Regulation, we inform you that you have the following rights:

– Right to access and inspection: you have the right to take note of the details that we have of you and to establish for which purpose they are being used, free of charge.

– Right to rectification: you have the right to rectification (improvement) of your incorrect personal details, as well as to complete any incomplete personal details.

– Right of removal or limitation: you have the right to ask us to remove your personal details or to limit the processing of them, in the circumstances and under the conditions determined by the General Data Protection Regulation. We can refuse to remove the details or refuse the limitation of any personal details that are necessary for us to be able to fulfil a legal obligation, the implementation of the agreement or our legitimate interest and as long as these details remain necessary for the objective they were gathered for.

– Right to transferability of details: you have the right to receive the personal details that you provided us with in a structured and machine-readable form. You have the right to transfer these details to another person or body responsible for the processing.

– Right of objection: you have the right to object to the processing of your personal details on account of serious and legitimate motives. Please take into account that you cannot oppose to the processing of personal details that are necessary for us to fulfil a legal obligation, the implementation of an agreement or our legitimate interest, and this applies as long as these details remain necessary for the objective they were gathered for.

– Right of withdrawal of your permission: if the processing of the personal details is based on the prior permission, you have the right to withdraw that permission. In that case these personal details will only be processed in the event that we have another legal basis.

– Automatic decision-making and profiling: we confirm that the processing of the personal details does not encompass profiling and that you will not be subject to automated decision-making. You can exercise abovementioned rights by contacting administratie@pattynnv.be. The relevant contact person is: Mr Frederik Petrens, with contact details: administratie@pattynnv.be / 056 43 99 60. We will do our utmost to handle your personal details in a careful and legitimate way, in accordance with the applicable regulations.

If nevertheless, you are of the opinion that your rights have been violated and your concerns find no response within our company, you are free to file a complaint with:

Commission for the Protection of Privacy, Drukpersstraat 35, 1000 Brussels

Tel. 02 274 48 00

Fax. 02 274 48 35

Email: commission@privacycommission.be

In addition, you can take the matter to Court, should you feel that you suffer damage as a consequence of the processing of your personal details.

8. Transfer to third parties

Certain personal details gathered by us will be transferred to, and possibly processed, by third party service providers, such as our IT-supplier, accountant, revisor, social accounting secretariat … as well as by the government (e.g. in case of the 30bis-aangifte van werken, the electronic presence detection or competing for public contracts). It is possible that one or more of the abovementioned third parties are situated outside the European Economic Space (“EES”). However, only personal details with an adequate level of protection will be sent to third countries. The employees, managers and/or representatives of the abovementioned service providers or bodies and the specialised service providers appointed by them, shall respect the confidential nature of your personal details and can only use these details for the purpose in the context of which they were provided. If necessary, your personal details could be passed on to third parties. This could take place if we, for instance, would go through a partial or entire reorganisation, our activities were to be transferred, or in case we would be declared bankrupt. It is also possible that personal details must be passed on as a result of a court order or in order to comply with a particular legal obligation. In that case, we will make a reasonable effort to inform you in advance about this notification to other third parties. However, you will acknowledge and understand that in certain circumstances this is not always technically or economically feasible or that possible legal constraints may apply. In any case, we will not sell your personal details or make them commercially available to direct marketing agencies or similar service providers without your prior consent.

9. Technical and organisational measures

We take the necessary technical and organisational measures to process your personal details in accordance with a sufficient level of safety and to protect them against destruction, loss, falsification, modification, unlawful access or accidental notification to third parties, as well as any other unauthorised processing of these details. In no case shall Pattyn Albert & Cie NV be held liable for any direct or indirect damage resulting from erroneous or unlawful use of the personal details by a third party.

10. Access by third parties

With a view to the processing of your personal details, we grant access to your personal details to our staff, employees and appointees. We guarantee a similar level of protection by making contractual obligations opposable to this staff, these employees, and appointees, similar to this Data Protection Notice.

11. Any more questions?

If, after reading this Data Protection Notice, you still have further questions or comments with respect to the gathering and processing of your personal details, you can contact Mr Frederik Petrens, either by mailing to, Nijverheidslaan 34, 8560 Gullegem or by email to administratie@pattynnv.be.