Updated on 25 March 2022
1. Parties and subject
NV Etablissementen Van Moer (hereinafter ‘Van Moer or the ‘Controller’)
Vaartstraat 70
2235 Hulshout
Belgium
CBE/VAT: 0403.629.965
Email: info@vanmoer.be
Phone number: +32 (0)15 25 86 20
Van Moer has established this Privacy Policy with the purpose of informing Users in a transparent manner about the website hosted at the following address: www.vanmoer.be, (hereinafter the ‘Site’), and about the manner in which personal data are collected and processed by Van Moer.
The term ‘User’ refers to any user, whether a natural or legal person, who visits the Site or communicates with the Site in any way.
In its capacity as controller, Van Moer determines all technical, legal and organisational means and the purposes for which Users’ personal data are processed. Van Moer undertakes to take all necessary measures to ensure that the processing of personal data is carried out in accordance with the Act of 30 July 2018 on the protection of natural persons with regard to the processing of personal data (hereinafter the ‘Act’) and Regulation (EU) 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 (i.e. the General Data Protection Regulation or ‘GDPR’; hereinafter the ‘Regulation’).
Van Moer is free to choose a natural or legal person (hereinafter the ‘Processor’ or ‘Subcontractor’) to process Users’ personal data at its request and on its behalf. Where appropriate, Van Moer undertakes to select a Processor offering adequate guarantees with regard to the technical and organisational measures used for the processing of personal data, in accordance with the Act and the Regulation.
2. Processing of personal data
Use of the Site by Users may lead to the collection of personal data. The processing of these data by Van Moer in its capacity as Controller or by service-providers acting in the name and on behalf of Van Moer, will take place in accordance with the Act and the Regulation.
Personal data will be processed by Van Moer, in accordance with the purposes stated below, in the following situations:
- When sending out our newsletter and/or advertising leaflet
- In order to be able to call or email you if this is necessary for the provision of our services
- In order to inform you about changes to our services and products
- Van Moer analyses your behaviour on the website to improve the website and adapt the range of products and services to your preferences
- In connection with an application for a job at Van Moer, when we will collect the information you provide to us, such as identity details, CV and cover letter.
3. Purposes of processing of personal data
In accordance with Article 13 of the Regulation, the purposes for which processing of personal data occurs are communicated to Users. These purposes are as follows:
- To send out our newsletter and/or advertising leaflet, with ‘consent’ as the legal basis.
- To phone or email you if this is necessary in order to provide our services, with ‘consent’ as the legal basis.
- To offer you the opportunity to create an account, with ‘consent’ as the legal basis.
- To follow your surfing behaviour on various websites in order to adapt our products and services to your needs, with ‘consent’ as the legal basis.
4. Personal data that may be processed
The User agrees that, during his/her visits to and use of the Site, Van Moer may collect and process the following personal data:
- First name and surname
- Address
- Phone number
- Email address
- Other personal data that you actively provide, for example by creating a profile on this website, in correspondence or on the phone
- Data about surfing behaviour across different websites (for example because this company is part of an advertising network)
- Internet browser and device type
Van Moer collects and processes these personal data in accordance with the conditions and principles described in this Privacy Policy.
5. Consent
By accessing and using the Site, Users declare that they have given their free, specific, informed and unambiguous consent to the processing of their personal data. This agreement governs the contents of this Privacy Policy.
Consent is positively and actively given by the User by ticking the privacy policy box in the ‘hypertext link’. This consent is an essential condition for performing certain actions on the Site or for enabling the User to enter into a contractual relationship with Van Moer. Any agreement between Van Moer and a User in relation to the services and goods offered on the Site is subject to the User’s acceptance of the Privacy Policy.
The User agrees that the Controller, in accordance with the conditions and principles set out in this Privacy Policy, may collect and process his/her personal data provided on the Site or in connection with the services offered by Van Moer, for the purposes stated above.
The User has the right to withdraw this consent at any time. Withdrawal of consent does not affect the lawfulness of processing based on earlier consent.
6. Retention period for Users’ personal data
In accordance with Article 13, paragraph 2 of the Regulation, the Controller will only keep the personal data for as long as is reasonably necessary to achieve the purposes for which they are processed.
This period is in all cases no longer than two years.
7. Recipients of data and disclosure to third parties
Personal data may be passed on to Van Moers employees, collaborators, subcontractors, processors or suppliers on condition that appropriate guarantees are provided for the security of the data and insofar as they are working with Van Moer to market products or provide services. They act under the direct authority of Van Moer and are in particular responsible for the collection, processing and outsourcing of these data.
In all cases, the recipients of the data and those to whom the data are disclosed will comply with the contents of this Privacy Policy. Van Moer will ensure that they process these data exclusively for the intended purposes and in a discreet and secure manner.
In the event that the data are provided to third parties for direct marketing or prospecting purposes, the User will be informed in advance so that he/she can give prior and explicit consent to this use of personal data.
8. Users’ rights
Users may exercise their rights at any time by sending a message by email to the following address: info@vanmoer.be, or a letter by post, accompanied by a copy of their identity card, to the following address: Vaartstraat 70, 2235 Hulshout.
a. The right to access
In accordance with Article 15 of the Regulation, Van Moer guarantees Users’ right to access their personal data. Users have the right to access these personal data and the following information:
- the categories of personal data involved;
- the recipients or categories of recipients to whom the personal data have been or will be disclosed;
- if the recipients are established in third countries or are international organisations, the appropriate or relevant safeguards;
- if possible, the proposed storage period for personal data or, if this is not possible, the criteria used to determine this period;
- the existence of automated decision-making, including profiling, as referred to in Article 22 (1) and (4) of the Regulation and, at least in such cases, relevant information about the underlying logic, as well as the importance and expected impact of such processing for the data subject.
The Controller may demand a reasonable fee based on administrative costs for additional copies requested by the User.
If the User submits this request electronically (e.g. via the email address), the data will be provided in electronic form and for general use, unless the User requests otherwise.
The copy of the data will be sent to the User no later than one month after receipt of the request.
b. The right to correction
Van Moer guarantees Users’ right to the correction and deletion of their personal data.
In accordance with Article 16 of the Regulation, incorrect, inaccurate or irrelevant data may be corrected or deleted at any time. The User will first make any necessary changes him-/herself from his/her user account, unless these cannot be made independently, in which case a request may be made to Van Moer.
In accordance with Article 19 of the Regulation, the Controller will notify any recipient to whom the personal data have been disclosed of any correction to the personal data, unless such correction proves impossible or involves a disproportionate effort. The Controller will provide the data subject with information about these recipients if the data subject so requests.
c. The right to erasure
Users have the right to have their personal data deleted as soon as possible in the cases referred to in Article 17 of the Regulation.
If the Controller has made the personal data public and is required to erase it pursuant to the previous paragraph, the Controller will take measures, including technical measures, which are reasonable given the available technologies and the costs of implementation, to inform other data controllers who have processed such personal data that the data subject has requested that the link with their personal data and any copy or reproduction thereof be deleted.
The two preceding paragraphs do not apply if the processing is necessary:
- for the exercise of the right to freedom of expression and information;
- to comply with a legal obligation to process data under European Union law or the law of the member state by which the controller is governed, or in the context of a task carried out in the general interest or in the exercise of public authority vested in the Controller;
- to establish, exercise or defend legal claims.
In accordance with Article 19 of the Regulation, the Controller will notify any recipient to whom the personal data have been disclosed of any deletion of personal data or any restriction of their processing, unless such disclosure proves impossible or involves a disproportionate effort. The Controller will provide the data subject with information about these recipients if the data subject so requests.
d. The right to restrict processing
Users have the right to restrict the processing of their personal data in the cases referred to in Article 18 of the Regulation.
In accordance with Article 19 of the Regulation, the Controller will notify any recipient to whom the personal data have been disclosed of any restriction of their processing, unless such disclosure proves impossible or involves a disproportionate effort. The Controller will provide the data subject with information about these recipients if the data subject so requests.
e. The right to data portability
In accordance with Article 20 of the Regulation, Users have the right to receive their personal data from Van Moer in a structured, commonly used and machine-readable format. Users have the right to transmit these data to another controller without Van Moer preventing this, in the cases provided for in the Regulation.
If the User exercises the right to data portability under the previous paragraph, he/she has the right to have personal data transferred directly from one controller to another, insofar as this is technically possible.
The exercise of the right to data portability is without prejudice to the right to the erasure of data. This right does not apply to processing necessary for the performance of a task carried out in the general interest or in the exercise of public authority vested in the Controller.
The right to data portability does not affect the rights and freedoms of third parties.
f. The right to object and automated individual decision-making
Users have the right at any time to object to the processing of their personal data due to their particular situation, including to the automation of data by Van Moer. In accordance with Article 21 of the Regulation, Van Moer will no longer process personal data unless there are legitimate and compelling reasons for the processing which override the interests, rights and freedoms of the User, or for the establishment, exercise or defence of legal rights.
With regard to the processing of personal data for prospecting purposes, Users have the right at any time to object to the processing of personal data concerning them for such purposes, including profiling insofar as it relates to such prospecting.
If the data subject objects to processing with a view to prospecting, the personal data will no longer be processed for that purpose.
g. The right to complain
Users have the right to submit a complaint regarding the processing of their personal data by Van Moer to the Data Protection Authority competent for Belgian territory. More information can be found on the website: https://www.gegevensbeschermingsautoriteit.be/.
Complaints can be submitted to the following addresses:
Data Protection Authority
Drukpersstraat 35, 1000 Brussels
Tel. + 32 2 274 48 00
Fax. + 32 2 274 48 35
Email: contact@apd-gba.be
Users may also file a cessation order with the president of the court of first instance in the area where they are domiciled.
9. Cookies
The Site uses cookies to identify Users of the Site. This makes it possible to provide Users with a better browsing experience and make improvements to the Site and its contents. The purposes of and methods used for cookies are listed in this article.
a. General principles
A ‘cookie’ is a file temporarily or permanently placed on the User’s device during a visit to the Site with a view to the next time the User connects to the site. Cookies enable the server to recognise the User’s device.
Cookies may also be installed by third parties with which Van Moer collaborates.
Some of the cookies used by Van Moer are necessary for the proper functioning of the Site, while others are necessary to improve the User’s experience.
Users may adjust or disable cookies.
In using the Website, Users expressly agree to the management of cookies as described in this article.
b. Types of cookies and intended purposes
Van Moer uses different types of cookies on the Site:
- Technical cookies: these are necessary for the operation of the Site, make possible the communication of the entered data and are intended to facilitate the User’s navigation;
- Analytical and audience cookies: these cookies allow the User to be recognised and are used to count the number of Users of the Website over a certain period of time. As they also indicate browsing behaviour, they are an effective way to improve the User’s browsing experience by displaying proposals and offers that may be of interest to the User. They also allow Van Moer to identify and correct any bugs on the Site;
- Functional cookies: these cookies facilitate the use of the Site by remembering certain choices entered (for example, the user name or language);
- Tracking cookies: Van Moer uses tracking cookies via Google Analytics to measure user interaction with the content of the Site and to produce anonymous statistics. These statistics allow Van Moer to improve the Site. Google explains the use of these cookies at the following address: http://www.google.nl/intl/en_uk/policies/privacy/.
c. Retention period for cookies
Cookies are stored for the time necessary to achieve the intended purpose. The cookies that may be stored on the User’s hard drive and the storage period are as follows:
See cookie policy.
d. Cookie management
If the User does not want the Website to install cookies on his/her hard drive, he/she can easily manage or delete them by adjusting the browser settings. The User can also program the browser in order to receive a notification whenever a website uses cookies and be able to decide whether to accept or reject them.
If the User disables certain cookies, he/she accepts that the Site may not function optimally. Some parts of the Site may not be usable or may only be partially usable.
If the User wishes to manage and/or delete certain cookies in this way, he/she can do so via the following links:
Browser:
- Internet Explorer: http://windows.microsoft.com/en-us/windows-vista/block-or-allow-cookies
- Microsoft Edge: http://windows.microsoft.com/en-gb/windows-10/edge-privacy-faq
- Chrome: https://support.google.com/accounts/answer/61416?hl=fr
- Firefox: https://support.mozilla.org/fr/kb/activer-desactiver-cookies-preferences
- Safari: https://support.apple.com/kb/ph21411?locale=fr_CA
If the User refuses to allow the use of Google Analytics cookies, he/she is invited to configure his/her browser accordingly on the following website: http://tools.google.com/dlpage/gaoptout.
10. Limitation of the Controller’s liability
The website may contain links to third-party websites that are not connected with Van Moer. Van Moer is not responsible for the content of these sites or for their compliance with the Regulation and the Act.
The person with parental authority must give his/her express consent for minors under the age of 16 to disclose personal information or data through the Site. Van Moer strongly recommends that persons with parental authority over minors promote responsible and safe use of the Internet. The Controller accepts no liability for the collection and processing of personal information and data from minors under the age of 16 whose consent is not effectively covered by that of their parents or legal guardians, or for inaccurate data – in particular as regards age – provided by minors. Under no circumstances will personal data be processed by the Controller if the User indicates that he/she is under 16 years of age.
Van Moer is not responsible for any loss, damage or theft of personal data, in particular resulting from the presence of viruses or following hacking.
11. Safety and security
The Controller will use technical and organisational measures to ensure an appropriate level of security for the processing and collection of data. These security measures depend on the implementation costs relating to the nature, context and purposes of the processing of personal data.
The Controller uses encryption technologies which are standard within the IT sector when transferring or collecting data on the Site.
12. Changes to the Privacy Policy
Van Moer reserves the right to change this Privacy Policy to comply with relevant legal obligations. Users are therefore requested to consult the Privacy Policy regularly in order to stay informed of any changes and adjustments. Notice of such changes will be posted on the Site or sent by email to ensure enforceability.
13. Applicable law and competent court
This Privacy Policy is governed exclusively by Belgian law. Any dispute will be submitted to the courts of the judicial district where Van Moers registered office is located.
14. Contact
For any questions or complaints regarding this Privacy Policy, Users can contact the Controller at the following address: info@vanmoer.be.
***