1. Introduction
Welcome! Thank you for your interest in HCJ.
HCJ continuously strives to offer you a website at the highest
standards. This includes the protection of your personal data.
HCJ ensures that your personal data shall only be processed in
accordance with the existing and applicable legal provisions concerning the
protection of personal data, including the Regulation (EU) 2016/679 of 27 April
2016 on the protection of natural persons with regard to the processing of
personal data and on the free movement of such data, and repealing Directive
95/46/EC (hereinafter referred to as ‘GDPR’) and the national implementing
legislation.
The purpose of this privacy policy is to further explain how HCJ processes
personal data in connection with its website.
2. HCJ?
Hengelhoef Concrete Joints NV (HCJ) has its
registered office located at 3600 Genk, Hengelhoefstraat 158, and is registered
in the Crossroad Bank of Companies under number 0877.977.088.
3. Clarification of terms used
For the purposes of this privacy
statement, the concept of ‘personal data’ refers to: any information relating to an identified or identifiable natural
person (the ‘data subject’).
A natural person shall be deemed
‘identifiable’ if he or she can be identified on a direct or indirect basis, in
particular by reference to an identifier such as a name, an identification
number, location data, an online identifier or to one or more factors specific
to the physical, physiological, genetic, mental, economic, cultural or social
identity of that natural person. Hence, all information on the basis whereof a
natural person can be identified must be taken into account. I.e.: amongst
others the person’s name, date of birth, address, telephone number, e-mail
address, license plate number and IP-address are taken into account.
The term ‘processing’ has a
broad scope and inter alia refers to
the collection, recording, organisation, structuring, storage, adaptation or
alteration, retrieval, consultation, use, disclosure by transmission,
dissemination or otherwise making available, alignment or combination,
restriction, erasure or destruction of personal data.
4. Person
responsible for the processing of your personal data (“controller”):
HCJ is the legal person responsible for the
processing of your personal data. This means that HCJ determines the purposes and means of the processing
of your personal data.
5. When does HCJ collect your personal data?
HCJ collects your personal data, either directly from
you or indirectly through your use of the website, at the following instances:
- Cookies;
- “Get in touch” -form
- “Join the team” - email
- Registration form design tool;
- Subscription to mailing list;
As to the use of cookies, HCJ
can refer to its cookie policy, that can be accessed through the following
link: https://www.designer.hcjoints.eu/cookies.
In principle, HCJ does not
aim to collect personal data regarding persons younger than 13 years old.
Persons younger than 13 years old may not provide HCJ with their personal data or with a statement
of consent without providing the consent of the persons carrying the parental responsibility
of such persons.
6. What personal data does HCJ process, why and on which legal basis?
The schedule below provides which categories of personal data are
processed by HCJ (column 1), why such personal data is being processed (the
‘purposes’ – column 2) and on which legal basis such processing takes place
(column 3). The numbering used in the column ‘legal basis’ has the following
meaning:
a) Consent: you have given your consent for the processing of personal data for one or more
specific purposes;
b) Agreement: the processing of the personal data is
necessary for the performance of a
contract to which you are a contracting party;
c) Legitimate interests: the processing is
necessary for the purposes of the legitimate
interests pursued by the controller or by a third party, except where such
interests are overridden by the interests or fundamental rights and freedoms of
the data subject which require protection of personal data.
Furthermore, HCJ only processes your personal data as long as necessary
and will delete your personal data as soon as this data is no longer required
for the purposes indicated below, or, if applicable, for as long as the legal
retention period lasts. Please note that the retention period for the different
purposes can differ.
7. Your privacy-rights
In order to provide you with
more control regarding the processing of personal data, you have various rights
at your disposal. These rights are inter
alia discussed and provided in articles 15-22 GDPR.
In particular, you have the
following rights:
· Right of access to the
processed personal data (art. 15 GDPR):
You have the right to obtain
our confirmation as to whether or not your personal data is being processed,
and, where that is the case, to obtain access to the personal data and the
following information:
a) The purposes of the
processing;
b) The categories of personal
data concerned;
c) The recipients or categories
of recipient to whom the personal data have been or will be disclosed, in
particular recipients in third countries or international organisations;
d) Where possible, the
envisaged period for which the personal data will be stored, or, if not
possible, the criteria used to determine that period;
e) The existence of the right
to request from the controller rectification or erasure of personal data or
restriction of processing of personal data concerning the data subject or to
object to such processing;
f) the right to lodge a
complaint with a supervisory authority;
g) where the personal data are
not collected from the data subject, any available information as to their
source;
h) the existence of automated
decision-making.
In the event that HCJ cannot
provide you access to the personal data (for example in the event of a legal
obligation to restrict the data subject from access to such information), we
shall inform you of the reasons of such an inability.
Furthermore, you can also
request a copy of the personal data undergoing processing free of charge.
Please note however, that we are entitled to charge reasonable fee based on
administrative costs for each additional copy you request.
· The
right to be forgotten or to request erasure of personal data (art. 17 GDPR)
In certain instances, you
may request HCJ to erase your personal data. Furthermore, HCJ asks you to bear
in mind that the ‘right to be forgotten’ is not an absolute right.
HCJ shall have the right to
continue to store your personal data, inter alia, in the following cases: (i)
where such storage is necessary for the performance of a contract to which you
are a contracting party, (ii) where such storage is necessary for compliance
with a legal obligation, or (iii) where such storage is necessary for the
establishment, exercise or defence of legal claims. HCJ shall inform you of the
reasons for the storage of your personal data in its response to your request
of erasure.
· The right
to rectification
(art. 16 GDPR):
In the event that your
personal data are inaccurate, dated or incomplete, you can request HCJ to
rectify or complete your personal data.
· The
right to data portability (art. 20 GDPR):
Under certain conditions,
you shall also have the right to request HCJ to transmit the personal data you
provided with and for which you have given us your consent, to another
controller. HCJ shall transmit such personal data directly to the new
controller in so far as such transmission is technically feasible.
· Right
to restriction of processing (art. 18 GDPR):
You shall have the right to
obtain the restriction
of processing where one of the following applies:
a) You contest the accuracy of
the personal data (in such an event the use of the personal data shall be
limited for a period enabling us to verify the accuracy of the personal data);
b) The processing of the
personal data is unlawful;
c) HCJ no longer needs the
personal data for the purposes of the processing, but you require them for the
establishment, exercise or defence of legal claims;
d) Pending the verification
whether the legitimate grounds for the processing of the personal data override
those of the data subject, you may request HCJ to limit the usage of the personal
data.
· The
right to object (art.
21 GDPR):
You have the right to
object, on grounds relating to your particular situation, the processing of
your personal data in case that such processing is done for the performance of
a task carried out in the public interest or for the purposes of the legitimate
interests pursued by HCJ. In such an event, HCJ shall no longer process the
personal data unless (i) there are compelling legitimate grounds for the
processing which override your interests, rights and freedoms, or (ii) the
processing of the personal data is done for the
establishment, exercise or defence of legal claims.
· Automate
individual decision-making, including profiling (art. 22 GDPR):
You have the right not to be
subject to a decision based solely on automated processing, including
profiling, which produces legal effects or which may significantly affect you
in a similar manner.
Such right can however not
be invoked in the following circumstances:
a) If the decision is
authorised by law (for example: in order to prevent tax fraud);
b) If the decision is based on
the data subject’s explicit consent; or
c) If the decision is necessary
for entering into, or performance of, a contract between the data subject and
the data controller (note that in such instances, we shall always make a case
by case assessment of whether less privacy intrusive methods can be applied to
facilitate the entry into, or performance of the contract).
· The
right to withdraw your consent (art. 7 GDPR):
Where the processing of
personal data is based on consent, you shall have the right to withdraw such
consent at any time through a simple request.
8. The
exercise of your rights
To exercise the rights
listed above, you can contact HCJ via e-mail on the following e-mail address: info@hcjoints.be
In order to verify your identity, HCJ asks you attach
a copy of the front side of you ID-card to your e-mail.
All rights can be exercised
free of charge, unless your request is manifestly unfounded or disproportionate
(for example: due to the repetitive character of your request). In such cases, HCJ
has the right to charge you with a proportional fee or to refuse to adhere to
your request.
9. Transfer
of personal data to affiliated companies and third parties
In order to further develop
its business, HCJ may alter its corporate structure by changing its legal form.
HCJ may also form, sell or buy subsidiaries, divisions or parts of the company.
During such transactions, customer and visitor information can be passed on to
an affiliated company, subsidiary or branch within the HCJ Group to the
relevant departments as such, if this is necessary for the intended purpose why
such personal data is being processed. Every time such internal data transfer
occurs, HCJ will ensure that this is done in accordance with this Privacy
Policy and the (at any given time) current applicable laws.
HCJ may also send your
personal data to third parties whose intervention as data processor, on behalf
and under control of HCJ, is required for the purposes indicated above. These data
processors are natural persons or legal entities that process the personal data
on behalf of HCJ. These processors were carefully selected by HCJ and offer all
the adequate guarantees with regard to technical and organizational security measures
regarding the processing of your personal data.
Your personal data shall
only be transferred to third parties in conformity with the legal provisions in
that regard, when you have provided HCJ with your prior consent to do so, or
when such transfer is necessary to ensure access to our website and services (on
the basis of our legitimate interests). No personal data shall be transferred
to third parties under any other circumstances, unless HCJ is obligated to do
so on the basis of compulsory legal or regulatory provisions (e.g.: the
transfer of personal data to external bodies or authorities, such as law
enforcement authorities).
HCJ ensures that
your personal data will not be rented nor sold in personally identifiable form
to anyone but companies within the Continental Group, or the trusted and
reputable third party processors described under this title. All third party
processors are bound to keep your information confidential. All information
provided to third party processors is used by them only to carry out the
service they are providing for HCJ.
10. Categories of recipients
Your personal data shall
only be accessible within our company to those persons who require access to
the personal data in order to comply with the contractual and legal
obligations.
In some circumstances, HCJ
‘s employees and staff are assisted by external service providers in the
execution of their tasks. In order to protect your personal data, HCJ has concluded
an agreement with all such external service providers in order to guarantee the
safe, respectful and cautious management and administration of your personal
data.
11. Transfer
of personal data to third countries
Your personal data shall
only be transferred or disclosed to processors or controllers in third
countries in so far as HCJ is legally authorised to do so.
In so far as such disclosure
or transfer is necessary, HCJ shall take appropriate measures to ensure that
your personal data shall be significantly protected and that all disclosures or
transfers of personal data outside of the EEA take place in a lawful and
legitimate manner. In the event that a disclosure or transfer takes place to a
country outside of the EEA, for which the European Commission has not
determined that this country does not maintain an equivalent level of
protection of the personal data, such disclosure or transfer shall always be
subject to contractual or other legally binding instruments which under the
terms and conditions for the transfer of personal data to third countries, such
as the approved standard terms and provisions for the transfer of personal data
to third countries as established by the European Commission.
12. Protection
of your personal data
HCJ has taken all reasonable
and suitable technical and organizational measures in order to protect your
personal data as well as possible against accidental or unlawful destruction,
loss, alteration, unauthorised disclosure of, or access to, personal data. As
such, HCJ stores your personal data on one central and secured place on our
server in order to ensure that third parties shall not have access to your
personal data.
13. Storage of
personal data
HCJ stores your personal
data for the period of time necessary for achieving the purpose for which such
personal data is processed. Please note that HCJ must take into account a
number of (legal) storage periods (time limits) which obliges HCJ to continue
to store your personal data. In the event that no obligation or duty to store
the personal data exists, the personal data shall be erased and destroyed on a
routine basis once the purpose for which the personal data is collected has
been achieved.
Furthermore, HCJ may store
your personal data if you have given us your consent to do so or where such
storage is necessary for the establishment, exercise or defence of legal
claims. In this last instance, certain personal data shall be used for evidence
purposes. Such personal data shall therefore be stored in line with the legal
prescription period, which can amount up to a period of thirty years; the usual
limitation period in relation to actions in personam amounts up to ten years.
14. Complaints?
The protection of your
personal data is HCJ ‘s primary concern. As such, HCJ aims to take all
necessary measures in order to guarantee the protection of your personal data.
Should you have a complaint regarding the manner in which your personal data is
processed, please feel free to contact HCJ. HCJ shall try to live up to your
expectations and meet your concerns as soon as practically possible.
You may also file your
complaint to the supervisory authority for personal data protection. The
authority assigned to supervise our organization is the Belgian Data Protection
Authority:
Website:
https://www.dataprotectionauthority.be/
Contact details:
Data Protection Authority
Rue de la Presse 35, 1000 Brussels
+32 (0)2 274 48 00
+32 (0)2 274 48 35
contact@apd-gba.be
15. Do you
have any further questions?
Please feel free to contact HCJ.
We are happy to be of any further assistance.
16. Amendments
In order to take action on the basis of your feedback or to
clarify changes made in our processing activities, this Privacy Policy may be
amended from time to time. Therefore, HCJ
invites you to consult the latest version of this Policy on our website.