DATA PRIVACY STATEMENT – AIRCLIMA BV

1. INTRODUCTION

Airclima BV, with registered offices at Veldkant 8 – 2550 Kontich and registered with the Crossroads Bank for Enterprises under company number BE 0462 595 968, attaches great importance to the safe, transparent and confidential collection and processing of your personal data. In particular, we aim to protect the data of our clients, subcontractors and suppliers against loss, leaks, mistakes, unlawful access or unauthorised processing.

By means of this Data Protection Notice, we want to inform you about the collection and processing of your personal data. We ask you to read this Data Protection Notice carefully since it contains essential information about how and for what purpose your personal data is processed. By communicating your personal data, you explicitly declare that you have read and that you agree to this Data Protection Notice, as well as to the processing itself.

2. APPLICATION

This Data Protection Notice covers all services provided by us and generally all activities we carry out.

3. DATA PROCESSING RESPONSIBLE AND THEIR COMMITMENTS

Airclima BV, with registered offices in Kontich and with company number BE 0462 595 968 is in charge of processing your personal data.

During collection and processing of your personal data, we respect the Belgian regulations regarding personal data protection, as well as the General Data Protection Regulation (“GDPR”) since its ratification on 25 May 2018.

4. PERSONAL DATA

Depending on your activities and your relation to our company, you communicate the following personal data: your identity and contact data (name, title, address, e-mail address, phone and cell phone number). For certain legal obligations (electronic attendance recording, declaration of works 30bis), you can be invited to share complementary data with us to register your attendance (like E-ID data, Limosa number, etc.).

We kindly remind you that you are responsible for all data you provide us and that we rely on its accuracy. If your data is are longer up to date, please inform us immediately. You are under no obligation to disclose your personal data, but you understand that the provision of certain services or collaboration becomes impossible if you do not consent to their collection and processing.

5. PROCESSING PURPOSES AND LEGAL BASIS

5.1 Client data

In the framework of our services and activities, we collect and process the identity and contact data of our clients and ordering parties, their staff, employees, appointees and other useful contact persons. The purposes of this processing are the execution of the contracts with our clients, client management, accountancy and direct marketing activities like sending promotional or commercial information and publications of potential realizations on our website/social media. The legal basis is the execution of the contract, fulfillment of legal and regulatory obligations (like the declaration of works 30bis) and/or our legitimate interest.

5.2 Data of suppliers and subcontractors

We collect and process the identity and contact data of our suppliers and subcontractors, as well as their potential (sub)subcontractor(s), their staff, employees, appointees and other useful contact persons. The purposes of this processing are the execution of this contract, the management of suppliers/subcontractors, accountancy and direct marketing activities like sending promotional or commercial information. The legal basis is the execution of the contract, the fulfilment of legal and regulatory obligations like the mandatory electronic attendance recording, the declaration of works 30bis or other duties with public contracts, etc.) and/or our legitimate interest (like for direct marketing). For electronic attendance recording, the E-ID or Limosa numbers will also be processed. For direct marketing activities by e-mail (like a newsletter or invitations to events), permission will always be required, and this can be withdrawn at any time.

5.3 Data of staff

We process the personal data of our staff in the framework of our personnel management and payroll administration. Given the specific character, this processing is regulated more into detail in a Data Protection Policy for staff.

5.4 Other data

Next to the data of clients, suppliers/subcontractors and staff, we also process personal data of others, like potential new clients/prospects, useful contacts in our sector, networking contacts, experts’ contacts, etc. The purposes of this processing are for the benefits of our activities, direct marketing and public relations. The legal basis is our legitimate interest or in certain cases the execution of the contract.

6. PROCESSING DURATION

The personal data will be stored and processed by us for a period necessary in function of the purposes of the processing and in the function of the (contractual or not) relation we have with you.

Client data and data of suppliers or subcontractors will in every case be deleted from our systems after a period of ten years after ending the contract or project, except from this personal data we have to save longer, based on specific legislation or in case of an ongoing dispute for which the personal data is still needed.

7. RIGHTS

In accordance with and under the conditions of Belgian privacy law and the provisions of the General Data Protection Regulation, we inform you that you have the following rights:

– Right of access and inspection: You have the right to inspect, free of charge, the information we hold about you and to find out what it is used for.

– Right of rectification: You have the right to obtain rectification (correction) of your incorrect personal data, as well as to complete incomplete personal data.

– Right of deletion or restriction of data: You have the right to request us to delete your personal data or to limit the processing in the situation and under the conditions defined by the General Data Protection Regulation. We can refuse the deletion or restriction of data of any personal data required to us to execute a legal obligation, to execute the contract or legitimate interest, and this for the time this data is required for the purposes for which it was collected.

– Right to transfer data: You have the right to obtain the personal data you have provided us within a structured, common and readable form. You have the right to transfer this data to another data controller.

– Right of objection: you have the right to object to the processing of your personal data for serious and legitimate reasons. Please note, however, that you cannot object to the processing of personal data that is necessary for us to fulfill a legal obligation, the execution of the contract or our legitimate interest, for as long as this data is required for the purposes for which it was collected.

– Right of withdrawal of consent: If the processing of personal data is based on prior consent, you have the right to revoke this consent. This personal data will then only be processed if we have another legal basis for doing so.

– Automatic decisions and profiling: we confirm that the processing of personal data does not contain profiling and that you will not be subject to automated decisions.

You can exercise the abovementioned rights by addressing the Data Protection Officer. The contact person is Mrs. Lynn Van Uytsel with following contact details: lynn@airclima.be

We make every effort to handle your personal data carefully and legitimately in accordance with applicable regulations. However, if you believe that your rights have been infringed and your concerns have not been addressed within our company, you are free to lodge a complaint with:

Privacy Commission
Rue de la Presse 35
1000 Brussels

Tel. 02 274 48 00
Fax. 02 274 48 35

E-mail: commission@privacycommission.be

In addition, you may bring an action before a court if you believe that you would suffer damage as a result of the processing of your personal data.

8. TRANSFER TO THIRD PARTIES

Certain personal data collected by us will be transferred to and potentially processed by third service suppliers, like or IT supplier, accountant, auditor, as well as the government (for example, the declaration of works 30bis, electronic attendance recording or participation in public tenders).

It is possible that one or more of the abovementioned third parties are located outside the European Economic Area (EEA). However, personal data will only be sent to third counties with an appropriate protection level.

The employees, managers and/or representatives of the abovementioned suppliers or institutions and the specialised service suppliers appointed by them must respect the confidential character of your personal data and can only use this data for the purposes it was transferred for.

If necessary, your personal data can be transferred to other third parties. This can for example be the case if we would go through a partial or full reorganization, if our activities were to be transferred or if we were to be declared bankrupt. It is also possible that personal data may have to be transmitted pursuant to a court order or in order to comply with a particular legal obligation. In that case, we will make reasonable efforts to inform you in advance of this communication to other third parties. However, you will acknowledge and understand that in certain circumstances this may not always be technically or commercially feasible or that legal restrictions may apply.

Under no circumstances will we sell or make your personal data commercially available to direct marketing agencies or similar service providers, except with your prior consent.

9. TECHNICAL AND ORGANISATIONAL MEASURES

We take the necessary technical and organizational measures to process your personal data at a sufficient level of security and to protect them against destruction, loss, falsification, modification, unauthorized access or notification by mistake to third parties, as well as every other unauthorized processing of this data.

Under no circumstances can Airclima BV be held liable for any direct or indirect damage resulting from the incorrect or unlawful use of personal data by a third party.

10. ACCESS BY THIRD PARTIES

In order to process your personal data, we grant access to your personal data to our staff, employees and appointed workers. We guarantee a similar level of protection by making contractual obligations opposable to these employees, collaborators and appointees, which are similar to this Data Protection Notice.

11. MORE QUESTIONS?

If you have further questions or remarks regarding the collection and procession of your personal data after reading this Data Protection Notice, you can contact Lynn Van Uytsel, by mail at Airclima BV, Veldkant 8 – 2550 Kontich, Belgium or by e-mail to lynn@airclima.be