1. General
Transportbanden Bruynooghe NV, with registered offices at Hillemolenstraat 1, 8830 Hooglede (hereinafter “TB”) values the protection of privacy. TB wants to inform its customers and the users of its services as much as possible, and wants to respect them and give them control over what happens with their data. TB wants to keep its customer data in a safe and respectful manner, as a good caretaker, and use them to be of better service to its customers and offer them the best experience possible. TB works based on the principle that everyone must have the ability to control his or her personal data. You can find information about which data TB collects, the purpose of this collection, the period of collection, and how you can control this below.
2. Application
This Privacy Policy applies to all our customers (current, former, and future) and to all visitors to the TB website(s).
The European General Data Protection Regulation 2016/679 of 27 April 2016 (“General Data Protection Regulation”), the Act of 8 December 1992 (“Privacy Act”), the Act of 13 June 2005 (“Electronic Communication Act”) and the associated implementing decrees, as well as any future amendments thereto, govern the protection of your personal data.
TB strives to comply with its obligations and respect the rights of the client whenever TB processes your personal data. For more information about this, TB refers you to the website of the Belgian Data Protection Authority [https://www.privacycommission.be/nl].
3. Processing of personal data and responsibilities
Personal data is defined as any information related to an identified or identifiable natural person (“the data subject”); an identifiable person is a person who can be identified, directly or indirectly, in particular by reference to an identifying factor such as a name, an identification number, location details, an online identifier or one or more elements specific to the physical, physiological, mental, economic, cultural, or social identity of this natural person.
The personal data collected and processed by TB are primarily the data entered by the client on the various pages of our website(s) which TB obtains by your use of our website(s) and/or our products and/or services.
TB acts as the controller for the processing of personal data of its clients for the purposes set out in this Privacy Policy.
This does not alter the fact that the client has a number of obligations in relation to the processing of personal data which enables the client to use the products and services of TB. In this capacity, the client must always obtain the permission required by law from the end customers for the processing of their personal data by TB insofar as necessary in the context of the products and services of TB.
4. Purposes
TB processes personal data for various purposes, in which respect only those data needed to achieve the intended goal will be processed.
We use personal data in the following ways:
When we have obtained permission;
In the context of the preparation and implementation of our contract;
To comply with statutory or regulatory provisions to which we are subject; and
If TB has a legitimate interest to do so, such as, depending on the situation, carrying out direct marketing, preventing fraud, managing internal records, or safeguarding suitable network and information security, in which case we always strive for a balance between this interest and respect for the privacy of the data subject.
If permission has been granted for this, TB collects personal data for the following specific purposes:
To process the request for our products and services.
TB requires at least your address details if you visit our website to obtain and/or request information about our products and services, or if you sign up for TB's newsletter, for example. All information received by TB during this pre-contractual phase will only be used to provide you with the requested information in the manner determined by you. When you ultimately decide to become a client of TB, TB will ask you for a number of personal data, such as your name, address, telephone number, email address, and client number. TB will also assign certain data to you, such as login credentials.
This is necessary to offer you the best possible service and to inform you about usage options.
TB only uses personal data to set up, maintain, and support products and services, and for administrative purposes.
To inform you about (new) products and services of TB.
TB can use personal data to offer you new products, services, or special campaigns (in writing, by phone, or by electronic means) if TB believes that these may be interesting to you. You can unsubscribe from this type of messages, see below.
To monitor performances.
TB can use personal data and client profiles to assess its products and services. This includes: asking for feedback about services (e.g. through a market survey), data we obtain when answering questions of clients, identifying fraud, and safeguarding quality.
To meet statutory obligations.
There are many situations in which TB is required by law to keep personal data and/or share personal data with government bodies, for example in the context of general fiscal and administrative obligations. TB can be required to share certain data with governments in a confidential manner in the context of a criminal or judicial investigation.
To conduct studies and tests, and to keep statistics, including trend analyses.
TB can use anonymous, aggregated data for internal and external reports on the use of its services, for example. The data that are used in this context cannot be traced back to a specific individual. The information derived from these analyses by TB are used to assess the current product and service portfolio, and to adapt these to new developments.
5. Security
TB continuously strives to protect personal data and privacy, both at its physical offices and on the network of TB. TB ensures suitable organizational and technical measures to secure the personal data.
TB's employees are trained to handle confidential data correctly. In addition, an estimate in the field of safety and security of personal data is made for projects with privacy aspects. If a data breach occurs with adverse consequences for personal data, the client will be personally informed in the situations prescribed by law.
The number of employees of TB with access to personal data is limited and selected with care. These employees will be given access to personal data insofar as they need this information to properly perform their work.
The existence and content of personal communication using the network of TB (such as e-mail traffic, hosting, ...) is protected by the provisions on telecommunication confidentiality. This means that TB and its employees may not be informed of the existence of the content of such communication, unless the Act grants exceptions.
TB's websites sometimes refer to links to websites of third parties (such as social media) which terms of use are not covered by the scope of this Privacy Policy. Study their policy on the protection of personal data with care.
6. Disclosing personal data to third parties
TB does not sell personal data to third parties, nor are personal data shared with third parties, except:
To our legal successors and other companies with the TB group.
TB shares personal data with any legal successors and affiliated companies (such as sister companies and subsidiaries) for the same purposes as those set out in this Privacy Policy.
This is required for our services.
There is a statutory obligation.
TB refers to section 4 of this Privacy Policy in this respect.
TB or the involved third party has a legitimate interest.
This will only take place if the interests or the fundamental rights and freedoms of the data subject do not outweigh this legitimate interest.
TB has received permission from the data subject.
7. Rights of the subject
You can exercise a number of rights concerning the processing of your personal data vis-à-vis TB insofar as you have these rights based on applicable legislation.
You can exercise these rights by using the contact details set out in section 10 of this Privacy Policy. TB will respond to such requests and potentially follow up on them in accordance with applicable legislation, generally within a period of one (1) month, as well as in accordance with applicable legislation.
You must provide us with proof of your identity to exercise your rights and to prevent any unauthorized disclosure of your personal data. We kindly request you to preferably enclose a copy of the front of your identity card with your request. The request can be sent to the details set out in section 10 of this Privacy Policy.
If you consider this necessary, you can also contact or file a complaint with the Belgian Data Protection Authority (commission@privacycommission.be).
Right to object
You always have the right to object against the processing of your personal data based on the legitimate interests of TB pursuant to reasons related to your specific situation. If you file an objection, TB will cease the processing of these personal data, unless TB has compelling legitimate grounds for the processing that outweigh your interests, rights, and freedoms, or if these relate to the filing, exercise, or substantiation of a legal claim.
Right to access and transparency
You have the right to (free) access to data about yourself and to obtain a copy of these personal data. You can also ask us:
• Whether we process personal data about you;
• For which purposes we process these personal data;
• Which categories of personal data we process;
• With which categories of third parties we share your personal data;
• What the origin of the processed data is;
• What rights you have.
Right to rectification of data removal
You, as a data subject, have the right to have incomplete, incorrect, unsuitable, or outdated personal data removed or supplemented. You can contact us at 051 70 35 35 or info@bruynooghe-nv.be for this. In order to keep your data up to date, please inform us of any changes, for example, if your home address changes.
You also have the right to, without unreasonable delays, have your personal removed if and insofar as:
the personal data are no longer needed for the purposes;
there no longer is a legal ground;
you object against the processing, and there are no prevailing, compelling legitimate grounds for the processing by TB;
the personal data have been processed illegitimately; or
the personal data must be removed to comply a statutory obligation of TB.
TB will provide you with a removal confirmation after a request for removal has been completed. In case of partial removal, TB will also explain why the request could not be met completely.
Depending on the nature of the request, some services may possibly no longer be offered by TB. TB cannot always remove all requested data, for example in order to comply with legal obligations.
Right to limitation of the processing
You, as a data subject, also have the right to have TB limit the processing of your personal data, if and insofar as one of the following elements applies:
you dispute the accuracy of the personal data, in which case the processing will be limited during a period to enable TB to verify their accuracy;
the processing is illegitimate and you object to the removal of the personal data, and instead request limitation of their use;
TB no longer needs the personal data for the processing purposes, but you need them to file, exercise, or substantiate a legal claim;
you objected to the processing pending the answer to the question whether the legitimate grounds of TB outweigh those of the data subject.
In case of limitation of the processing, the data may still be kept by TB.
Right to data portability
With respect to personal data that are (i) processed in the context of the implementation of the agreement (ii) provided by yourself, and (iii) processing using automated procedures, you, as a data subject, have the right to obtain these data from TB in a structured, common, and readable form, and to request TB to transfer these data directly to another party if this is technically possible.
8. Retention periods
TB keeps and processes your personal data as long as this is necessary to achieve the purposes set out in section 4.
The retention period can differ per purpose, for example to comply with statutory obligations, or based on a legal need to keep certain data as evidence in disputes, up to no more than 10 years after the termination of your contract. Naturally, access to these archived data will be restricted.
9. Cookies & the website
Apart from the data you share voluntarily with TB when using our websites, TB also uses cookies and other technological resources to collect data.
Websites
All information provided as text, files, and images in whatever form will only be provided by TB for information purposes.
Any interested person can study this information, but TB reserves the right to change the rules and conditions governing access to the website at any time of its choice and without prior notice being required, or to make the entire website or parts thereof subject to restrictions.
The access to such private sections of the website may be made dependent on the provision of information by the visitor/user of the website. The visitor/user who provides this information expressly accepts that this information becomes the property of TB, and that by merely sharing information with TB the latter is given permission to use the information in accordance with the Privacy Policy.
The provision of access to the private section of the website of TB based on user names and passwords may be amended or refused by TB at any time without this leading to any form of compensation
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