SMANS NV with registered office at 2300 TURNHOUT, Bremheidelaan 8 and registered with the Crossroads Bank for Enterprises with company number 0462.377.719 attaches great importance to the safe, transparent and confidential collection and processing of your personal data. In particular, we want to protect the data of our customers, subcontractors and suppliers, among others, against loss, leaks, errors, unauthorised access or unlawful processing.
We want to inform you about the collection and processing of your personal data by means of this privacy statement. We ask you to read this privacy statement carefully, as it contains essential information about how your personal data are processed and for what purpose. By communicating your personal data, you expressly declare that you have read this privacy statement and also expressly agree to it, as well as to the processing itself.
FIELD OF APPLICATION
This Privacy Statement covers all services provided by us and, in general, all activities we carry out.
CONTROLLER AND ITS COMMITMENTS
SMANS NV with registered office at 2300 TURNHOUT, Bremheidelaan 8 and with company number 0462.377.719 is the controller of your personal data.
When collecting and processing your personal data, we comply with the Belgian data protection regulations, as well as the General Data Protection Regulation (“GDPR”) as of its entry into force on 25 May 2018.
Depending on your activities and your relationship with our company, you will provide us with the following personal information: your identity and contact details (name, title, address, e-mail address, telephone and mobile number, billing and payment details, identity card number and national registry number).
For certain specific legal obligations (electronic attendance registration, 30bis declaration of works), you may provide us with additional data to register your presences (such as E-ID data, Limosan number).
We kindly remind you that you are responsible for all the data you provide to us and that we rely on its accuracy. If your data is no longer up to date, please inform us immediately.
You are not obliged to disclose your personal data, but you understand that the provision of certain services or cooperation will become impossible if you do not consent to their collection and processing.
PROCESSING PURPOSES AND LEGAL BASIS
As part of our services and activities, we collect and process the identity and contact details of our clients and clients, their staff, employees, appointees and other useful contact persons. The purposes for these processing operations are the execution of agreements with our clients, customer management (contacting you by telephone or by post and/or e-mail), accounting, invoicing, collection of payments and direct marketing activities such as sending promotional or commercial information. The legal grounds are the execution of the agreement, the fulfilment of legal and regulatory obligations (such as, for example, the 30bis declaration of works) and/or our legitimate interest.
Details of suppliers and subcontractors
We collect and process the identity and contact details of our suppliers and subcontractors, as well as any (sub)subcontractor(s), their staff, employees, appointees and other useful contact persons. The purposes of these processing operations are the execution of this agreement, the management of the suppliers/subcontractors (contacting you by telephone or by post and/or email), accounting, invoicing, collection of payments and accounting and direct marketing activities such as sending promotional or commercial information. The legal grounds are the execution of the agreement, the fulfilment of legal and regulatory obligations (such as, for example, the obligatory electronic attendance registration, the 30bis declaration of works, the attendance list or other obligations in the case of public contracts, etc.) and/or our justified interest (such as for direct marketing).
For the electronic attendance registration, the E-ID data or the Limosan number are also processed where applicable. For direct marketing activities by e-mail (such as a newsletter or invitation to events) permission will always be requested and can also be withdrawn at any time.
We process the personal data of our employees as part of our personnel management and payroll administration. In view of its specific nature, this processing is more wide-ranging.
We only process personal data of minors (persons under 16 years of age) if written consent has been given by the parent or legal representative.
In addition to the data of clients, suppliers/subcontractors and personnel, we also process personal data of others, such as possible new clients/prospects, useful contacts within our sector, network contacts, expert contacts, 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 execution of an agreement.
These data are included in the databases of SMANS NV and are located at the registered office of SMANS NV or are in any case accessible via the registered office.
We only use the collected data for the purposes for which we have obtained the data.
DURATION OF PROCESSING
Personal data will be stored and processed by us for a period of time that is necessary in function of the purposes of the processing and in function of the (contractual or non-contractual) relationship we have with you.
Customer details and details of suppliers or subcontractors will in any case be deleted from our systems after a period of ten years following the termination of the contract or project, except in respect of such personal data which we are required to retain for a longer period in accordance with specific legislation or in the event of an ongoing dispute for which the personal data is still necessary.
In accordance with and subject to 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 of access and inspection: you have the right to inspect, free of charge, the data that we hold about you and to check what use is made of it.
– Right of rectification: you have the right to obtain the rectification (correction) of your incorrect personal data, as well as the completion of incomplete personal data.
– Right of deletion or limitation: You have the right to request us to delete or limit the processing of your personal data in the circumstances and under the conditions laid down in the General Data Protection Regulation. We may refuse the deletion or restriction of any personal data which is necessary for us to fulfil a legal obligation, the performance of the contract or our legitimate interest, and this for as long as these data are necessary for the purposes for which they were collected.
– Right to transfer data: You have the right to obtain the personal data you have provided to us in a structured, common and machine-readable form. You have the right to transfer these data to another data controller.
– Right of objection: you have the right to object to the processing of your personal data for serious and legitimate reasons. Please note, however, that you cannot object to the processing of personal data which is necessary for us to fulfil a legal obligation, the performance of the contract or our legitimate interest, for as long as these data are necessary for the purposes for which they were collected.
– Right of withdrawal of consent: If the processing of personal data is based on prior consent, you have the right to revoke this consent. These personal data will then only be processed if we have another legal basis for doing so.
– Automatic decisions and profiling: We confirm that the processing of personal data does not include profiling and that you will not be subject to fully automated decisions.
You can exercise the aforementioned rights by contacting SMANS NV. The contact person for this is: Mrs. Hanna SCHOEPEN with contact details: firstname.lastname@example.org.
SMANS NV will respond to your request within the four works and we may ask you to identify yourself before we can respond to the aforementioned requests.
We make every effort to handle your personal data carefully and legitimately in accordance with applicable regulations. If you nevertheless believe that your rights have been infringed and your concerns have not been addressed within our company, you are free to lodge a complaint with us:
Commission for the Protection of Privacy
Rue des Printers 35, 1000 Brussels
Tel. 02 274 48 00
Fax: 02 274 48 35
You may additionally address a court if you believe that you would suffer damage as a result of the processing of your personal data.
On the SMANS NV website, general visiting data are recorded, including the IP address of your computer and the time of retrieval and data sent by your browser.
This data is used to improve the functioning of the website and is anonymised as much as possible and is not passed on to third parties.
TRANSMISSION TO THIRD PARTIES
Certain personal data collected by us will be transferred to and possibly processed by third party service providers, such as our IT supplier, accountant, auditor, legal department, subcontractors, suppliers, lawyer as well as by public authorities (e.g. in the 30bis declaration of works, electronic attendance registration or competition for public contracts).
It is possible that one or more of the above-mentioned third parties may be located outside the European Economic Area (“EEA”). However, only personal data will be transferred to third countries with an adequate level of protection.
The employees, managers and/or representatives of the above-mentioned service providers or institutions and the specialist service providers appointed by them must respect the confidential nature of your personal data and may only use these data for the purposes for which they were provided.
If necessary, your personal data may be passed on to other third parties. This may be the case, for example, if we were to be reorganised in whole or in part, if our activities were to be transferred or if we were to be declared bankrupt. It is also possible that personal data may have to be transferred pursuant to a court order or in order to comply with a certain legal obligation. In that case, we will use reasonable efforts to inform you in advance of this communication to other third parties. However, you will acknowledge and understand that in certain circumstances this may not always be technically or commercially feasible or that legal restrictions may apply.
Under no circumstances will we sell or make your personal data commercially available to direct marketing agencies or similar service providers except with your prior consent.
TECHNICAL AND ORGANISATIONAL MEASURES
We take the necessary technical and organisational measures to process your personal data to an adequate level of security and to protect them against destruction, loss, falsification, alteration, unauthorised access or accidental notification to third parties, as well as any other unauthorised processing of this data:
– All persons who may have access to your data on behalf of SMANS NV are bound to secrecy.
– We maintain a user name and password policy on all our systems;
– We pseudonymise and ensure the encryption of personal data if there is reason to do so;
– We make backups of the personal data in order to be able to recover them in the event of physical or technical incidents;
– We regularly test and evaluate our measures;
– Our employees are informed about the importance of protecting personal data.
If you have the impression that your data is not properly secured or there are indications of misuse, or if you would like more information about the security of the personal data collected by SMANS NV, please contact us via the telephone number or via e-mail: email@example.com.
Under no circumstances can SMANS NV be held liable for any direct or indirect damage resulting from incorrect or unlawful use of the personal data by a third party.
ACCESS BY THIRD PARTIES
For the purpose of processing your personal data, we grant access to your personal data to our employees, staff and appointees. We guarantee a similar level of protection by making contractual obligations opposable to these employees, collaborators and appointees, which are similar to this Privacy Statement.
MODIFICATION OF PRIVACY STATEMENT
SMANS NV may amend its privacy statement.
If, after reading this Privacy Statement, you have further questions or comments with regard to the collection and processing of your personal data, you can contact Hanna SCHOEPEN, either by post to SMANS NV, Bremheidelaan 8, 2300 TURNHOUT or by e-mail to firstname.lastname@example.org.