1. Why this privacy statement?
Every person who visits the Website (hereinafter the “Visitor") as well as anyone who uses our services (hereinafter the "Customer"), almost inevitably releases certain personal data. This personal data constitutes information that allows us to identify you as a natural person, regardless of whether we actually do so. You are identifiable as soon as it is possible to create a direct or indirect link between one or more personal data and you as a natural person. The Visitor and the Customer are hereinafter also referred to jointly as the “Data subject”.
We use and process your personal data in accordance with the GDPR and other relevant legal provisions. Any reference in this Privacy Statement to the GDPR is a reference to the Regulation of April 27, 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation).
Through this Privacy Statement, every Data Subject is informed of the processing activities that FLEXFURN can carry out with his personal data. FLEXFURN reserves the right to change this Privacy Statement at any time. Any substantial change will be clearly reported to the Data Subject. We recommend that the Data Subject consult this document regularly.
2. Who processes your personal data?
2.1. Controller
FLEXFURN alone or in collaboration with others determines which personal data is collected, as well as the purpose and means of processing this personal data. Consequently, FLEXFURN is a “data controller” within the meaning of the GDPR.
FLEXFURN has taken appropriate technical and organizational measures to protect the personal data of its Visitors and Customers. FLEXFURN uses various adequate security technologies and procedures to protect your personal data against unauthorized access, use or disclosure. FLEXFURN ensures that the personal data provided is stored safely in a controlled environment.
2.2. Processor(s)
FLEXFURN uses carefully selected “data processors” to process the personal data of Visitors and Customers. A processor is a natural or legal person who processes personal data at the request of or on behalf of the controller. The processor is obliged to ensure the security and confidentiality of the personal data. The processor always acts in accordance with the instructions of the controller.
FLEXFURN uses the following categories of "processors":
- Companies we have engaged for marketing purposes;
- Companies that we have engaged for ICT technical support and hosting purposes;
- Companies we have engaged for administrative purposes (e.g. CRM system);
- Companies we have engaged for communication purposes (e.g. live chat on the website);
- Companies that we have engaged for logistics purposes (e.g. order picking, delivery, etc.);
- Companies we have engaged for analytical purposes;
- Companies we have engaged for payment purposes.
With a view to optimal protection of the personal data of Data Subjects, FLEXFURN has entered into the necessary contractual agreements with the above-mentioned data processors to ensure that they apply the same high standards as FLEXFURN.
A transfer of personal data to a processor outside the European Economic Area (EEA) can only take place to countries for which the Data Protection Authority in Belgium has determined that they offer the same adequate level of protection or, if this is not the case, to the extent that FLEXFURN has made the necessary contractual agreements. has made with this processor, taking into account the standard provisions imposed by the Data Protection Authority in Belgium.
3. On what legal basis are your personal data processed?
In accordance with the GDPR, we process personal data on the basis of the following legal grounds:
- Based on the execution of the agreement as agreed with the Customer, or the exercise of pre-contractual steps taken at the request of the Data Subject; or
- Based on compliance with legal or regulatory provisions, relating to the management of the contractual relationship with the Customer, in particular invoicing;
- Based on our legitimate interest to respond to information requests from Visitors and Customers;
- Based on our legitimate interest in sending promotional offers (direct marketing) to our Customers;
- Based on explicit permission to send promotional offers (direct marketing) to Visitors.
4. Which personal data are processed?
FLEXFURN undertakes to collect and process only those personal data that are relevant and necessary for the purposes for which they are processed.
How much and which personal data FLEXFURN collects about you depends on your use of the Website and/or our services. The collection of personal data will be further expanded as more intensive use is made of our Website and our online services. In general, Customers will disclose more personal information than Visitors. In concrete terms, we process the following categories of personal data:
Customers:
- Identification data (surname, first name, address, login details, VAT number);
- Contact details (telephone number and email address);
- Financial identification data (bank details);
This personal data is collected when the Customer places an order via our Website. Other personal data may be collected at a later time, for example in the context of our after-sales.
Visitors:
- Contact details (telephone number and email address);
- Electronic identification data (cookies, IP address);
This personal data is collected when you visit our Website and in particular when you complete and send our contact form.
5. For what purposes are your personal data used?
The processing of your personal data is essential for the proper functioning of the Website and for the related services. The collection of personal data is further expanded as the Data Subject makes more intensive use of our Website and our online services.
The processing is carried out exclusively for the following specific purposes:
Customers:
- Customer management: customer administration, order management, deliveries, invoicing, credit checking, support and complaint monitoring.
- Personalized marketing and advertising. In that case, the Customer always has the right to unsubscribe.
Visitors:
- Answering information requests via the contact form on the Website;
- Personalized marketing and advertising if the Visitor has expressly agreed to this. In that case, the Visitor is free to withdraw his consent at any time.
Furthermore, the personal data of the Data Subject may also be used for the following purposes:
- Dispute management.
- Protection against fraud and violations.
In addition, we use cookies to recognize (the IP address of) Visitors and to offer them a personal user experience, to remember their technical choices and to detect and correct any errors on the Website. Consult us Cookie Policy for more information about how we use cookies.
When you visit the Website, some data is collected for statistical purposes. Such data is necessary to optimize the use of our Website. These data are: likely place of consultation, time and day of consultation, which pages were visited, etc. In order to optimally protect your privacy, this data is always anonymized.
Under no circumstances do we collect sensitive personal data, such as data about your race, political opinions, health, religious and other beliefs, sexual orientation and the like.
The Data Subject always provides the personal data to FLEXFURN and can thus exercise a certain degree of control. FLEXFURN reserves the right to suspend or cancel certain operations if the required personal data is missing, incorrect or incomplete.
6. Who receives your personal data?
Your personal data will only be processed for internal use within FLEXFURN. Your personal data will not be sold, passed on or communicated to third parties, unless you have given us your explicit permission in advance or when the transfer is necessary for the execution of the agreement or is legally required.
7. How long do we keep your personal data?
Your personal data will be kept for as long as necessary to achieve the stated goals. They will be deleted from our database when they are no longer necessary to pursue these purposes or if the Data Subject validly exercises the right to deletion of the personal data.
8. What are your rights?
8.1 Guarantee of lawful and secure processing of personal data
Your personal data is always processed for legitimate purposes, as set out in Article 5.
They are collected and processed in an appropriate, relevant and proportionate manner, and are not kept longer than necessary to achieve the stated purposes.
8.2 Right of access
If you can prove your identity, you have the right to obtain information about the processing of your personal data. You thus have the right to inspect the purposes of the processing, the categories of personal data, the categories of recipients to whom the personal data is sent, the criteria that determine the period of data retention and the rights that you can exercise with regard to your personal data.
8.3 Right to rectification of personal data
Inaccurate or incomplete information can be corrected. It is first and foremost the responsibility of the User to make the necessary adjustments to his “User Profile”. You can also contact us with a request for changes.
8.4 Right to erasure of your personal data
You also have the right to obtain the deletion of your personal data in the following cases:
- Your personal data is no longer necessary for the intended purpose;
- You revoke your consent to the processing of your personal data and there is no other legal basis for processing your personal data;
- You have legally objected to the processing of your personal data;
- Your personal data is processed unlawfully;
- Your personal data must be deleted based on a legal obligation.
Deleting personal data is mainly related to visibility; it is possible that the deleted personal data will remain temporarily stored.
8.5 Right to restriction of processing
In some cases you have the right to request restrictions on the processing of your personal data. This certainly applies in the event of a dispute regarding the accuracy of personal data, if the personal data is necessary in the context of a legal procedure or during the time necessary for FLEXFURN to determine that you can validly exercise your right to deletion.
8.6 Right to object
You have the right to object at any time to the processing of your personal data for direct marketing purposes, profiling purposes or purposes arising from the legitimate interests of the controller. FLEXFURN will cease processing your personal data unless FLEXFURN can demonstrate that there are compelling legal reasons for processing your personal data that override your right to object.
8.7 Right to data portability
You have the right to receive the personal data provided to FLEXFURN in a structured, commonly used and machine-readable form. In addition, you have the right to transfer this personal data to another controller, unless this is technically impossible.
8.8 Right to withdraw your consent
You have the right to withdraw your consent at any time, for example when you have given it as a Visitor for direct marketing purposes.
9. How can you exercise your rights?
If you wish to exercise your rights, you must send a written request and proof of identity by registered letter to FLEXFURN, Essenschotsraat 6210, Industriezone Ravenshout, 3980 Tessenderlo or by email to info@flexfurn.com. We will respond as soon as possible, no later than one (1) month after receiving your request.
10. Possibility to file a complaint
If you have any comments or complaints about the way we handle your personal data, we request that you first report them to us. This way we can reach an amicable solution through mutual consultation.
If, after this notification, you are still not satisfied with the processing of your personal data by FLEXFURN, you have the right to file a complaint with the competent supervisory authority (for Belgium: https://www.gegevensbeschermingsautoriteit.be/).
© 2019 deJuristen ICT law & intellectual property (http://www.ictrecht.be). The information provided is legally copyrighted, so that the information may not be reproduced or communicated without the prior written permission of the Lawyers (contact@dejuristen.be). All applicable intellectual property rights are therefore retained.