BOUILLON HERKULES, with registered office at 9041 Oostakker, Goedlevenstraat 111, with company number BE 0891 862 738,
Declares the following:
BOUILLON HERKULES processes personal data in the execution of the assignment entrusted by the customer, as well as in the event of contact via the contact form and/or a visit to the website (www.bouillonherkules.be). This as controller or as processor depending on the specific circumstances.
BOUILLON HERKULES is the controller insofar as the processing of personal data takes place for its own purposes and BOUILLON HERKULES determines the means for this itself. Insofar as personal data of data subjects are processed on behalf of the customer, BOUILLON HERKULES acts as processor.
BOUILLON HERKULES recognizes the importance of the secure processing of personal data. In this sense, both BOUILLON HERKULES and the customer recognize that all processing will take place in accordance with the applicable national regulations, including the law of 30 July 2018 on the protection of natural persons with regard to the processing of personal data, as well as Regulation (EU) 2016/679 (hereinafter: GDPR) in force since 25 May 2018 and that they will comply with these. In the event of substantive changes to the law, BOUILLON HERKULES undertakes to adapt the privacy policy accordingly.
The privacy policy as well as any changes can be consulted at any time on the BOUILLON HERKULES website, www.bouillonherkules.be.
Definitions
For a proper understanding of this privacy policy, the following terms have the following meanings:
- GDPR: Regulation No. 2016/679 of the European Parliament and of the Council 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, also known as the General Data Protection Regulation or GDPR;
- Personal Data: Any information relating to an identified or identifiable natural person such as a name, email address, 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;
- Data subject: An identified or identifiable natural person; Consent of the data subject: Any freely given, specific, informed and unambiguous indication of the data subject's wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data;
- Processor: A natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller;
- Processing: Any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, transmission, dissemination or otherwise making available, alignment, combination, restriction, erasure or destruction;
- Controller: A natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data;
- Data Breach: Any breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data transmitted, stored or otherwise processed;
Scope of privacy policy
1. Contractual relationships
This privacy policy applies to the contractual relationship between BOUILLON HERKULES and the client or data subject and is valid for the entire duration of the assignment. Deviations from the privacy policy are only permitted in the event of a contractual relationship between the client or data subject and BOUILLON HERKULES if prompted by legal requirements, or after implicit or unimplied consent from both parties. Substantial changes will be explicitly communicated on the website.
2. Website
By consulting the BOUILLON HERKULES website (www.bouillonherkules.be) and/or by using the contact form, the data subject acknowledges having read the privacy policy and agrees to the fact that BOUILLON HERKULES can and may use the collected personal data, taking into account the scope of the request for which the data were provided (art. 6.1.a and 6.1.b GDPR).
BOUILLON HERKULES does not under any circumstances guarantee the completeness, correctness and up-to-dateness of the information contained on the website, nor of the content of third-party websites to which reference is made.
The processing of the Personal Data
BOUILLON HERKULES guarantees that personal data are collected and processed in a transparent manner and only for specific, explicitly described and legitimate purposes. Any processing is limited to what is necessary for the purposes for which the processing takes place. BOUILLON HERKULES ensures that the personal data are correctly registered and updated if necessary.
In the context of the services provided by BOUILLON HERKULES, the personal data collected include name, first name, email address, address (geolocation) and telephone number, as well as any other personal information that the customer or data subject chooses to share in his request for information or services by BOUILLON HERKULES. No data is processed that can be considered sensitive or falls under a special category of personal data.
BOUILLON HERKULES does not store the personal data it processes for longer than is necessary for the purpose of the processing or for longer than is required by law.
Processing grounds
By using the services of BOUILLON HERKULES or by filling in the contact form on the website and thereby providing personal data, the customer acknowledges and accepts that this data can be processed (art. 6.1.b) GDPR). However, the customer and/or the person concerned remains the owner of the data provided.
For the personal data that BOUILLON HERKULES receives as the controller from the customer and that are used for marketing purposes and customer management, BOUILLON HERKULES falls back on the legal basis of the legitimate interest consisting of the situation in which the data subject is a customer of BOUILLON HERKULES as a result of placing an order (art. 6.1.b) and f) GDPR), or explicitly obtained consent (art. 6.1.a) GDPR).
The customer, in his capacity as data subject, has the option at any time to change or withdraw the given consent, insofar as the processing thereof is based solely on his consent.
Processing purposes
BOUILLON HERKULES processes personal data for the following purposes:
Name, first name, address, email address, telephone number and VAT number:
Execution of the order (incl. delivery), accounting purposes (invoicing), legal obligations (identification obligation), Information about products and services, processing of requests addressed to BOUILLON HERKULES by e-mail or the website, Information about products and services, processing of requests addressed to BOUILLON HERKULES by e-mail or the website.
When you visit the BOUILLON HERKULES website and, if applicable, use the contact form, it is possible that certain data must be provided to facilitate contact. This information will be used exclusively internally.
BOUILLON HERKULES also uses cookies that can register certain information about the website visit, including personal data.
Even when BOUILLON HERKULES is called upon, it must have certain personal data that are necessary for the execution of the agreement.
BOUILLON HERKULES will only use the personal data that are minimally necessary for the requested service in each processing operation.
Appropriate technical and organizational measures
BOUILLON HERKULES will take appropriate technical and organizational measures for the secure processing of personal data, thus limiting the risk of destruction, loss, unauthorized modification or processing. This takes into account the practices within the sector, the state of the art, the nature, scope, context of the processing, processing purposes and the possible associated risks for the rights and freedoms of data subjects. Upon written request, BOUILLON HERKULES will provide detailed information about the security policy applied.
Subcontractors and processors
BOUILLON HERKULES uses sub-processors, including but not limited to external courier services, who process personal data on behalf of and under the supervision of BOUILLON HERKULES. These processing operations will at all times be limited to what is strictly necessary for the execution of the respective assignment.
BOUILLON HERKULES ensures that the processors it appoints, including its employees and subcontractors, process personal data in accordance with the applicable legislation and, in doing so, commit themselves, whether contractually or otherwise, to the necessary technical and organizational security measures on the basis of art. 28 GDPR.
The employees and sub-processors of BOUILLON HERKULES have contractually committed themselves to respecting the confidentiality of the personal data.
The sub-processor hereby decides autonomously on the manner in which the personal data are processed, taking into account the risks associated with his expertise. In the absence of the same expertise, BOUILLON HERKULES as controller is not liable for any unlawful processing that takes place as a result of an incorrect assessment by the sub-processor. BOUILLON HERKULES therefore bears no responsibility for loss or corruption of data, theft of data, viruses or other attacks on the computer systems and (cloud) servers of the sub-processor.
Transfer of personal data to third parties
Except in relation to employees and sub-processors involved in the provision of services, BOUILLON HERKULES will not exchange personal data with third parties, unless in the event of explicit consent, at the request of the data subject, judicial authorities or when this is required by law. In the latter case, BOUILLON HERKULES will inform the data subject without delay of the request from the relevant authorities and/or governments.
Data processing within the European Union
BOUILLON HERKULES endeavors to limit the transfer and processing of personal data to countries within the European Economic Area or to countries that guarantee an adequate level of protection, equivalent to the level guaranteed under the GDPR and this privacy policy, taking into account the intended processing, scope and category of the personal data to be processed, the country of destination and the legal rules applicable in the country in question. In the event of processing outside the borders of processing outside the European Economic Area, BOUILLON HERKULES will provide further explanation upon written request of the data subject.
The rights of the data subject
Under the GDPR, the data subject has the following rights with regard to the collected and processed personal data (Articles 12 to 22 GDPR): the right to access, the right to correct and/or supplement the collected data, the right to limit the purpose of the processing, the right to data portability, the right to be forgotten and the right to object.
Questions regarding the collection and processing of personal data or an appeal to your rights as a data subject can be addressed to BOUILLON HERKULES in writing, with reasons, to info@bouillonherkules.com or by post to Goedlevenstraat 111, 9041 Oostakker. BOUILLON HERKULES will process each request without delay and will respond within a period of 30 days. In certain cases, BOUILLON HERKULES has the right to extend this period by two months, in which case BOUILLON HERKULES will inform the data subject of this within 30 days of receipt of the request (art. 12.3 GDPR).
Retention period of personal data
BOUILLON HERKULES guarantees that it will not retain the collected personal data for longer than necessary to achieve the intended purpose, except for the accounting supporting documents and those relating to liability claims, which may justify a longer retention period according to the legal provisions in this regard. Other data that may be necessary for adequate after-service or future service provision will be stored anonymously to the extent possible so that they cannot be traced back to identifiable persons for longer than necessary.
When the retention of the personal data is no longer required, it will be destroyed or deleted in a secure manner or made available to the data subject.
Measures in the event of a data leak
BOUILLON HERKULES takes the necessary measures to prevent data loss. However, if such loss were to occur, BOUILLON HERKULES undertakes to report this to the Data Protection Authority (GBA) within the statutory time limits. This information obligation only applies if the data breach appears to be large-scale or has a far-reaching impact on security.
If a data breach also poses a high risk to the rights and freedoms of the persons concerned, BOUILLON HERKULES will inform the person concerned without undue delay.
BOUILLON HERKULES will fully cooperate with the competent authorities by providing the necessary information and limiting the consequences of the infringement.
Other provisions
BOUILLON HERKULES guarantees the necessary support to data subjects to meet their obligations, except in the case of information that is confidential or may not be communicated due to a legal regulation. The person responsible for the processing of personal data at BOUILLON HERKULES is Mrs. Hilde Hermans (info@bouillonherkules.com). For more information regarding the processing of personal data, you can always contact the Data Protection Authority at 1000 Brussels, Drukpersstraat 35 (02/274 48 00 or www.gegevensbeschermingsautoriteit.be).
In the event of nullity of one or more provisions of this privacy policy, these provisions will be interpreted in accordance with the GDPR. The nullity of one of the provisions does not affect the validity of the other provisions of this privacy policy. If there are discrepancies between the privacy policy and the agreement concluded between BOUILLON HERKULES and the customer or data subject, the provisions of the latter will prevail.
BOUILLON HERKULES reserves the right to adjust the privacy policy if this should prove necessary to comply with its rights and/or obligations under the GDPR. Substantial changes will always be made known on the website. It is advisable to visit the website regularly to stay informed of recent changes.
This privacy policy is governed exclusively by Belgian law. Only the courts belonging to the judicial district of the registered office of BOUILLON HERKULES are competent to hear disputes arising from this.
The privacy policy of BOUILLON HERKULES was last modified on 06/02/2020.