DATA PROTECTION NOTICE

1. INTRODUCTION

 

Jacops NV, which has its registered office at Nijverheidslaan 31 in 8540 Deerlijk and has been entered in the Crossroads Bank for Enterprises under enterprise number BE0415.826.627, 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, for example, our customers, sub-contractors and suppliers against matter such as loss, leaks, errors, incorrect access or illegitimate processing.


We want to use this Data Protection Notice to inform you of the collection and processing of your personal data.

 

We request that you carefully read this Data Protection Notice, in view of the fact that it contains essential information about how your personal data are processed and why.


By communicating your personal data, you expressly declare that you have taken due note of this Data Protection Notice and that you expressly agree with it, as well as with the processing as such.


2. SCOPE

 

This Data Protection Notice applies to all services that we provide and, in general, to all the activities that we perform.


3. DATA CONTROLLER AND HIS, HER OR ITS OBLIGATIONS


Jacops NV, which has its registered office at Nijverheidslaan 31 in 8540 Deerlijk, and enterprise number BE0415.826.627, is the controller of your personal data.


In collecting and processing your personal data, we duly respect the Belgian regulations on personal data protection, as well as the General Data Protection Regulation (“GDPR”) from the moment it took effect on 25 May 2018.

 

4. PERSONAL DATA

 

Depending on your activities and your relationship with our company, you communicate the following personal data to us: your identity and contact data (name, form of address, address, email address, telephone and mobile phone number).
It may be that you provide us with additional data for certain specific statutory obligations (electronic attendance registration, 30bis-declaration of works), to register your attendance (such as e-ID data, Limosa number and Dimona list).
We will kindly point out to you that you bear the responsibility for all data with which you provide us and that we trust to be correct. We request you to notify us by return email if your data are no longer up to date.

 

You are not obliged to communicate your personal data, but you should understand that providing certain services or cooperating with you becomes impossible if you do not consent to data collection and processing.

 

5. PROCESSING PURPOSES AND LEGAL BASIS
 

Customer data

 

We collect and process the identity and contact data of our customers and principals, their personnel, workers, persons they engage and other useful contacts within the scope of our service provision and our activities. The purposes for such processing are the execution of agreements with our customers, customer management, accounting and direct marketing activities such as the dispatch of promotional or commercial information. The legal basis is the execution of the agreement, the fulfilment of statutory and regulatory obligations (such as the 30-bis report on works, for example) and/or our legitimate interest.


Data of suppliers and sub-contractors


We collect and process the identity and contact data of our suppliers and sub-contractors, as well as of any (sub-)contractor(s), their personnel, workers, persons they engage and other useful contacts. The purposes of such processing are the execution of this agreement, the management of the suppliers/sub-contractors, accounting and direct marketing activities such as the dispatch of promotional or commercial information. The legal basis is the execution of the agreement, the fulfilment of statutory and regulatory obligations (such as the mandatory electronic attendance registration, the 30-bis report on works, the attendance list or other obligations for public contracts, etc.) and/or our company’s legitimate interest (such as for direct marketing). The e-ID data or the Limosa number are also processed for the electronic attendance registration where appropriate. Consent, which can also be withdrawn at any point in time, will always be requested for direct marketing activities by email (such as a newsletter or invitation to events).

 

Staff data


We process our employees’ personal data within the scope of our staff management and payroll administrative services. Having due regard to its special nature, such processing is regulated in more detail in a Data Protection Policy for employees.


Other data

 

In addition to data of customers, suppliers/sub-contractors and staff, we also process personal data of other persons, such as possible new customers/ prospective customers, useful contacts in our sector, network contacts, contacts of experts, etc. The purposes of such processing are in the interests of our activities, direct marketing and public relations. The legal basis is our legitimate interest or, in some cases, the execution of an agreement.

 

6. PROCESSING DURATION


We store and process the personal data for a period that is essential within the scope of the purposes of the processing and within the scope of the relationship (which may or may not be contractual) that we have with you.


Customer data and data of suppliers or sub-contractors will in any event be removed from our systems after a period of ten years after the agreement or project has expired, except with regard to those personal data that we must store for longer, based on specific legislation or in the case of a pending dispute for which the personal data are still necessary.

 

7. RIGHTS


In accordance with and subject to the conditions of the Belgian privacy legislation and the provisions of the General Data Protection Regulation, we notify you that you have the following rights at your disposal:

 

  • Right to access and perusal: you have the right, free of charge, to take due note of the data that we have on you and to check what these are used for.
  • Right to rectification: you have the right to procure rectification (correction) of your incorrect personal data, as well as to complete incomplete personal data.
  • Right to data erasure or restriction: you have the right to request us to erase your personal data or to restrict the processing thereof in the circumstances and subject to the conditions provided by the General Data Protection Regulation. We can refuse the data erasure or restriction of any personal data that are necessary for us to execute a statutory obligation, for the execution of the agreement or for our legitimate interest, for as long as such data are necessary for the purposes for which they were collected.
  • Right to data portability: you have the right to obtain the personal data that you have provided to us in a structured, commonly used and machine-readable format. You have the right to transmit such data to another controller.
  • Right to object: you have the right to object to the processing of your personal data due to serious and legitimate reasons. However, please duly consider the fact that you cannot object to the processing of personal data that are necessary for us to execute a statutory obligation, for the execution of the agreement or for our legitimate interest, for as long as such data are necessary for the purposes for which they were collected.
  • Right of withdrawal of the consent: If the processing of the personal data is based on prior consent, you have the right to withdraw such consent. Such personal data will then only still be processed if we have another legal basis to do so.
  • Automatic decisions and profiling: we confirm that the processing of the personal data does not include any profiling and that you cannot be subjected to fully automated decisions.

You can exercise the above-mentioned rights by addressing Jacops NV. The contact person for this is: Mrs Thais Nuytkens, and her contact details are: thais.nuytkens@jacops.be and/or telephone number 056/77.84.51.


We make every effort to handle your personal data carefully and legitimately in accordance with the applicable regulations. If you are nonetheless of the opinion that your rights have been violated, and your concerns are not being taken seriously in our company, you are free to file a complaint with:


Data Protection Authority
Drukpersstraat 35, 1000 Brussels
Tel. 02 274 48 00
Fax. 02 274 48 35
Email: contact@apd-gba.be

 

In addition, you can file a case with a court if you are of the opinion that you have suffered damage pursuant to the processing of your personal data.

 

8. TRANSMISSION TO THIRD PARTIES


Certain personal data that we collect will be transmitted to and possibly processed by third-party service providers, such as our IT supplier, accountant, chartered accountant, customers (such as Proximus and Telenet), as well as by the government (for example, in the 30bis report on works, the electronic attendance registration or in tenders for public contracts).
It may be that one or more of the above-mentioned third parties is or are located outside the European Economic Area (“EEA”). However, personal data will only be sent to third countries having an appropriate protection level.


The employees, managers and/or representatives of the above-mentioned service providers or institutions and the specialised service providers whom they appoint must duly respect the confidential nature of your personal data and can only use such data for the purposes within the scope of which they were provided.


If necessary, your personal data can be transmitted to other third parties. This may be the case where we are fully or partially reorganised, our activities are transferred or if we are declared bankrupt, for example. It may also be that personal data must be transmitted pursuant to a judicial order or to comply with a certain statutory obligation. In that case, we will make reasonable efforts to notify you of such communication to other third parties in advance. However, you will admit and understand that there are certain circumstances where it is not always technically or commercially viable to do so or where statutory restrictions may apply.

 

Under no circumstances will we sell your personal data or make them commercially available to direct marketing agencies or similar service providers unless you have given your consent in advance.

 

9. TECHNICAL AND ORGANISATIONAL MEASURES


We take the necessary technical and organisational measures to process your personal data in accordance with an adequate security level and to protect them against destruction, loss, fraud, change, access by unauthorised persons or notification by mistake to third parties, as well as any other unauthorised processing of such data.

 

Under no circumstances can Jacops NV be regarded liable for any direct or indirect damage arising from a third party’s incorrect or unlawful use of the personal data.

 

10. ACCESS BY THIRD PARTIES


We grant our employees, workers and persons we engage access to your personal data with a view to processing such data. We guarantee a similar protection level by making contractual obligations similar to this Data Protection Notice enforceable against such employees, workers and persons we engage.


11. DO YOU HAVE ANY QUESTIONS?


If you still have any further questions or comments relating to the collection and processing of your personal data after you have read this Data Protection Notice, please contact Jacops NV by addressing Thais Nuytkens, either by post, at: Jacops NV, Attn Thais Nuytkens, Nijverheidslaan 31 - 8540 Deerlijk or by email at thais.nuytkens@jacops.be