PRIVACY POLICY

1 PRIVACY POLICY

Van Havermaet attaches great importance to your personal data and strives to process such personal data in accordance with applicable data protection legislation, specifically the General Data Protection Regulation 2016/679 (“GDPR”) and applicable national legislation supplementing or implementing the GDPR.

This Privacy Policy applies to all activities in which Van Havermaet acts as a data controller, in particular when Van Havermaet determines the purposes and means of processing personal data.

This Privacy Policy contains essential information regarding how we collect personal data, how and why we process this personal data, who has access to this personal data and what rights you have in relation to this personal data. We therefore recommend that you read this document thoroughly.

2. COMPANY AND CONTACT DATA

Any reference to “Van Havermaet”, “we” or “us” in this Privacy Policy refers to VAN HAVERMAET NV, with its registered office at Diepenbekerweg 65, 3500 Hasselt and with enterprise number 0428.179.774, RPR Antwerp, Hasselt Division.

In case of questions or comments regarding this Privacy Policy or our processing of your personal data, you can reach us at privacy@vanhavermaet.be or by phone at +32 11 30 13 50.

3. WHAT PERSONAL DATA DO WE COLLECT FROM YOU AND WHY?

Van Havermaet collects and processes different types of personal data according to the purposes of processing. Below we list for each purpose which personal data we collect, for what purposes we do so and on what legal basis this processing is based.

You are not obliged to communicate your personal data. However, please know that if you do, we may be unable to provide certain services.

3.1 If you are a client of Van Havermaet (or an employee, client or family member of a client)

As part of our services to our clients, we may process the following personal data:

  • Contact and identification information (name, company name, VAT number, address, email address, phone number, etc.)
  • Professional data (occupation, position, company, etc.)
  • Financial data (payment history, outstanding and paid invoices, identification and bank account numbers, etc.)

We may process this personal data for the following purposes:

  • For the fulfillment of our contractual obligations, based on the necessity to perform the agreement with our client.
  • For clients, employees or family members of a client, Van Havermaet invokes the legitimate interest to perform the contract for our client.

For administrative purposes, based on our legitimate interest to professionally manage our records, including billing and customer relationship maintenance.

For compliance with our legal obligations, including but not limited to anti-money laundering laws and the retention of tax, social and accounting data.

For defense in court, based on our legitimate interest to defend Van Havermaet in court, if appropriate.

3.2 When you apply for a job at Van Havermaet

In the context of application procedures, we may process the following personal data:

  • Contact and identification information (name, first name, address, phone number, email address,…);
  • Professional information (experience, current position, etc.);
  • LinkedIn profile;
  • Personal information added in your resume, motivation letter and application;
  • Information you have made public through social media.

We may process this personal data for the following purposes:

  • For the evaluation of your application, based on the necessity for the performance of the contract in the pre-contractual phase (in case of a successful application process), or based on our legitimate interest (if the application does not lead to an employment or service contract);
  • To replenish our database based on your consent to keep your application in our database for future recruitment purposes;
  • For our defense in court, based on our legitimate interest in defending Van Havermaet in court where appropriate.

3.3 When you are a visitor to our website

When you access and use our website, we may process the following personal data:

  • Information about your online behavior (e.g. which pages you visit on our website, the time and frequency with which you visit a page,…);
  • Technical information (IP address, cookies, browser, geographic location, operating system,…).

We may process this personal data for the following purposes:

  • To contact website visitors who have expressed interest through the available forms, based on our legitimate interest to contact prospects;
  • For website improvement and optimization, based on our legitimate interest in providing website visitors with the most user-friendly website experience possible;
  • For the security of our website, based on our legitimate interest in keeping our website free of illegal content, viruses, malware and other harmful online content.

For more information on the use of cookies on our website, please refer to our cookie policy, found at https://vanhavermaet.be/en/cookie-policy/.

3.4     When you receive our newsletter

Our personalized newsletter contains information, invitations to information sessions, event information, etc. targeted to your personalized preferences.

When delivering our newsletter, we may process the following personal data:

  • Contact and identification information (name, address and email address);
  • Personal preferences.

We may collect this personal data for the following purposes:

  • For personalizing our online newsletter. We rely on your prior consent, unless you are an existing client whom we want to keep informed about our (similar) services.

You may opt out of this newsletter at any time by contacting us at privacy@vanhavermaet.be or through the opt-out option in our marketing emails. This withdrawal does not affect prior processing of personal data, or processing based on other legal grounds.

3.5 When you contact us

You may contact us through a variety of channels, including but not limited to email, telephone, through our website, social media or any other means.

In doing so, we may process the following personal data:

  • Contact -and identification information (name, address, email address, phone number);
  • Professional information (occupation, position, company, experience);
  • Personal data you communicate during your contact record, the content of the contact record and certain technical data related to the communication (date, time, length).

We collect and process this personal data to enable communication between the two parties, based on our legitimate interest in speaking to you as a customer.

4. HOW LONG DO WE KEEP YOUR PERSONAL DATA?

We retain your personal data for as long as it is necessary to fulfill the purposes of our processing as described above, unless a longer retention period is required or permitted by law.

Specifically, the following retention periods apply within Van Havermaet:

Category of personal data Retention period
Personal data of which processing is necessary in the context of a contractual relationship During the contractual relationship and for a period of 10 years after its termination.
Personal data included in accounting, financial or other official documents As long as its data storage is required by law.
Personal data processed in the context of a complaint or dispute As long as its data storage is in our legitimate interest and at least until 10 years after the dispute has ended.
Personal data processed as part of a job application process During the application process and with the individuals consent, we will keep this data in our database for a period of 10 years from receipt.
Personal data processed in connection with our newsletter As long as your consent is not withdrawn or as long as you remain a client.
Personal data we process through our communications with you As long as the retention of this personal data is necessary to answer your communication, and for a period of 10 years after our last communication in order to have a historical archive if you contact us again.
Personal data collected through cookies We refer you to our cookie policy, found at https://vanhavermaet.be/en/cookie-policy/.

5. WHAT ARE THE RIGHTS YOU CAN INVOKE?

According to the terms of Belgian privacy legislation and the provisions of the GDPR, you have the following rights:

  • Right of access and inspection: you have the right to acquaint yourself, free of charge, with the data we hold about you and to find out whether, for what purpose and how we process it. You also have the right to receive a copy of this data.
  • Right to rectification: you have the right to obtain rectification (correction) of your incorrect personal data, as well as to complete incomplete personal data. We ask that you keep your personal data accurate and up-to-date and notify us of any changes.
  • Right to data erasure or restriction: subject to legal obligations, such as but not limited to anti-money laundering laws and our legal retention periods, you have the right to have your personal data erased or processing restricted in certain specific cases.
  • Right to data portability: 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 have this data transferred to another controller.
  • Right to object: you have the right to object to the processing of your personal data based on our legitimate interest because of reasons related to your specific situation.
  • Right to withdraw consent: If the processing of personal data is based on prior consent, you have the right to withdraw this consent at any time. These personal data can still be processed if we have another legal basis for doing so. This right also includes your absolute right to object to the processing of personal data for direct marketing purposes.
  • Automated decision-making and profiling rights: we confirm that the processing of personal data does not involve profiling and that you will not be subject to fully automated decision-making.

You may exercise the aforementioned rights by contacting privacy@vanhavermaet.be.

In the event that you wish to withdraw your consent to direct marketing, this can also be done via the opt-out option in these emails. The exercise of these rights is in principle free of charge. However, Van Havermaet is entitled to a reasonable administrative fee in case of unreasonable or repeated requests.

We are committed to responding to your inquiry or request within a reasonable time. We may first ask you for proof of identity to verify your request.

6. TRANSFER TO THIRD PARTIES

In accordance with the purposes described in Title 3 and when necessary, we may communicate certain personal data to third parties. This communication will always be done on a need-to-know basis and with due consideration of the necessary safeguards to ensure the security of the personal data.

  • To other entities within the Van Havermaet Group;
  • To service providers who act as our “processors” or “sub-processors,” including but not limited to software vendors or IT service providers who provide security, analytics, hosting and software infrastructure to Van Havermaet;
  • To other service providers we hire for specific assignments, such as lawyers, auditors, notaries, accountants;
  • To third parties in the context of a partial or total reorganization or a transfer of a company’s business and the associated confidential discussions that precede it;
  • To third parties as part of a legal obligation, or in the context of cooperating in good faith with an ongoing legal investigation, court order or lawsuit or to protect Van Havermaet’s interests in court.

If these third parties qualify as (sub-)processors under the GDPR, we are responsible for such processing of personal data and will always enter into a data processing agreement with them in accordance with the provisions required by the GDPR. We attach great importance to our (sub-)processors’ compliance with appropriate technical and organizational measures to protect and secure your personal data.

Upon your request, we will provide you with a list of third parties to whom we have disclosed your data within a reasonable period of time. Under no circumstances will we sell or make your personal data commercially available to direct marketing agencies or similar service providers.

We do not transfer personal data to third countries located outside the European Economic Area (“EEA”). However, we may, through our processors or sub-processors, transfer your personal data to countries outside the EEA. In that case, we will take sufficient safeguards to protect your personal data during the transfer (for example, by entering into an agreement based on model contractual clauses as drafted by the European Commission).

More information on the specific mechanisms used by us when transferring personal data to countries outside the EEA is available upon simple request.

7. HOW DO WE ENSURE THE CONFIDENTIALITY AND SECURITY OF YOUR INFORMATION?

We take the security of your personal data very seriously. Therefore, we take appropriate technical, legal and organizational measures, to appropriately protect your data from unauthorized access, use, destruction, loss, alteration or disclosure of personal data transmitted, stored or otherwise processed.

Below is an overview of the security measures taken by Van Havermaet:

Technical measures
  • Technical security of infrastructure, e.g. alarm systems, …
  • Access control with badge
  • Encrypted backups;
  • Firewall;
  • Password protection;
  • Testing;
  • VPN infrastructure;
  • Clean desk policy;
  • Segregated WiFi networks between employees and customers.
Organizational measures
  • Drafting appropriate (privacy) policies, both internal and external;
  • Training and sensitization of workers;
  • Conducting data protection impact assessments (DPIA);
Legal measures
  • Drafting processor agreements to ensure the proper transfer of personal data to our processors within the meaning of the GDPR;
  • Compliance with and review of contractual privacy and data protection obligations;
  • Encourage and urge co-contractors who are data controllers to comply with GDPR obligations and ensure the protection of personal data;
  • Including provisions on confidentiality and protection of your personal data in employment contracts, the employment regulations and our internal policies concluded with our internal employees. We always strive to make these documents as compliant as possible with the GDPR.

8. LIABILITY

Van Havermaet is not liable for any unlawful processing or use by a third party (other than a processor or sub-processor), if we have lawfully disclosed your personal data to a third party.

In no event shall Van Havermaet be responsible or liable for any direct or indirect damage resulting from wrong or unlawful use of personal data by a third party (who is not a processor or sub-processor). Nor shall Van Havermaet be liable if third parties unlawfully process or use your personal data and Van Havermaet has implemented appropriate technical and organizational measures to prevent such unlawful processing or use.

Van Havermaet can only be held liable for damages caused by the processing of personal data if it did not comply with the specific obligations of the GDPR, and in no case for any special, incidental, indirect or consequential damages or losses.

9. DO YOU HAVE ANY COMPLAINTS?

We make every effort to handle your personal data in a careful and legitimate manner in accordance with applicable regulations. For that reason, we would welcome the opportunity to initially address your concerns yourself before turning to the Data Protection Authority.

Should you nevertheless have complaints or believe that your rights have been violated and your concerns have not been addressed within our company, you are free to file a complaint with:

Data Protection Authority
Rue de la Presse 35, 1000 Brussels
Tel. 02 274 48 00
Fax. 02 274 48 35
E-mail:
contact@apd-gba.be

https://www.gegevensbeschermingsautoriteit.be/burger/acties/klacht-indienen.

You can additionally address a court if you believe that you would suffer damages as a result of the processing of your personal data.

10. CHANGES

Van Havermaet has the right to modify this Privacy Policy at any time. The date of the most recent version is shown in the upper right-hand corner of this Privacy Policy. Please review this Privacy Policy periodically to be aware of any changes that apply to it. If changes are made, we will take all reasonable measures (website, email,…) to notify you before the changes take effect.

Amended versions of this Privacy Policy will take effect seven (7) days after its publication on our website and/or any other form of notice and will always be submitted for approval, if necessary, unless such changes are necessary to comply with a legal requirement. In the latter case, such amendments will take effect immediately.

© Van Havermaet 2024

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