DATA PROTECTION NOTICE (‘PRIVACY NOTICE’) - HERBOSCH-KIERE NV - PROTECTION OF PERSONAL DATA

General
 
Herbosch-Kiere NV is a public limited company under Belgian law, with its registered office at Sint-Jansweg 7, 9130 Kallo registered under number 0404637280 (Register of Juristic Persons).

Herbosch-Kiere NV is a Belgian civil, environmental and maritime construction company and is part of the Eiffage Benelux group (www.eiffagebenelux.com).
 
Herbosch-Kiere NV attaches great importance to the secure, transparent and confidential collection and processing of your personal data. In particular, we want to protect the data of our customers, subcontractors and suppliers, renters etc. amongst others, from loss, leaks, errors, unauthorised access or unlawful processing, etc.
We would like to inform you about the collection and processing of your personal data by way of this Data Protection Notice.
 
We ask that you carefully read this Data Protection Notice, as it contains essential information on how we process personal data. This notice also describes the use of cookies.
By communicating personal data, including by filling in fields on the website or by requesting information, you explicitly declare that you have taken note of the Data Protection Notice and all the terms and conditions and restrictions contained therein, and you agree with this, as well as with the processing itself of your personal data.
 
This Privacy Notice can be changed at any time. Therefore, please consult it regularly.
 
1. Those responsible for processing your personal data
Herbosch-Kiere NV processes your personal data (responsible processor).
 
Contact details:
Address: Sint-Jansweg 7, 9130 Kallo
Email address: info@hk.eiffage.be

In collecting and processing your personal data, we respect the Belgian legislation on the protection of personal data as well as the General Data Protection Regulation (‘G.D.P.R.’) as of the date on which it enters into effect.

2. Scope
This Data Protection Notice applies to all services that we provide and, in general, to all our activities. This Notice applies to all our current and former customers, prospects or people who are interested in our works and services, our subcontractors and suppliers etc., as well as all those who are interested in working with or for us.

3. Which personal data do we process?
Depending on your activities and your relationship with our company, you provide us with the following personal data:

Data of natural persons:
Last name, first name, salutation, postal address, delivery address, land line and/or mobile phone number; email address, bank account number, etc.
For the processing of personal data relating to the recruitment and selection of personnel, the gender, language, date of birth, driving licence number, family composition and identity data of family members, education, and any professional experience and/or skills will also be recorded, as well as any additional information you provide to us, e.g. in your CV.
For certain specific legal obligations (electronic attendance registration, Dimona declaration, declaration of work under article 30bis), you might also provide us with additional data (such as ID data, Limosa number, Secondment number, photo etc.).
 
Business data:
In addition to the name of the company, address, VAT number, bank account number, certain data of the contact person or employees will also be processed: last name, first name, term of address or gender, language, date of birth, address, land line and/or mobile phone number and email address.
 
We remind you that you are of course responsible for the accuracy and completeness of your data. The communication of false identities, incomplete or incorrect data, or the communication of data belonging to third parties without the latter’s permission may result in you being denied access, temporarily or permanently, in whole or in part, to our website, etc. If your data are no longer up-to-date, please inform us of this as soon as possible.
 
Furthermore, we point out that as a user of our website, you are not required to disclose your personal data nor to consent to their processing, but you understand that this can make the provision of certain services or the cooperation impossible or more difficult.

4. Purposes for the collection and processing of personal data and legal grounds
 
Customer data
As part of our service and activities, we collect and process the business data of our customers, principals and contractors, as well as the identity and contact details of their staff, employees, appointees, service providers and other useful contacts.
 
The purposes of this processing are the possible conclusion and execution of contracts, customer management, accounting reasons, the compliance with tax, social, labour, health and safety and other legal obligations and marketing activities such as sending promotional or commercial information, answering your questions and exchanging information.
 
Depending on the case, these data are processed as appropriate based on your request, the possible conclusion or execution of a contract, the fulfilment of legal and regulatory obligations (such as a 30bis declaration of work) or on the grounds of our legitimate interest.

Data from suppliers, subcontractors, renters and service providers etc.
We collect and process the business data of our subcontractors, suppliers, renters and other service providers, and any contractor(s) and/or subcontractor(s) they may have, as well as the identity and contact details of their staff, employees, appointees and other useful contacts.
 
The purposes of this processing are the possible conclusion and execution of contracts, the management of (sub)suppliers/(sub)subcontractors/renters/buyers/service providers etc., accounting and to comply with tax, social, labour, health and safety and other legal obligations and for direct marketing activities such as sending promotional or commercial information, answering your questions and exchanging information.
 
Depending on the case, these data are processed as appropriate based on your request, the possible conclusion and execution of a contract, the fulfilment of legal and regulatory obligations (such as a article 30bis declaration of work, electronic attendance registration ‘Check-in at work’, the attendance list or other obligations in public procurement, legal accounting and tax, social, labour, health and safety and other legal obligations) or on the grounds of our legitimate interest (such as for direct marketing or the exchange of information).
 
For electronic attendance registration, the E-ID data or the Limosa and/or secondment number, photos etc. are also processed as appropriate. For direct marketing activities by email (e.g. invitation to events or newsletters) or by registering on our website via the fields provided for this purpose, prior consent will be requested and may be withdrawn at any time.
 
Data of personnel and potential candidates
 
As part of our personnel management and payroll administration, we process the personal data of our employees, self-employed persons carrying out certain services for us, temporary employees, trainees or students, as well as the data of their family members if applicable.
Given its specific nature, this processing is more extensively regulated in the Employee Data Protection Policy (‘Privacy policy’).
 
Within the framework of our personnel management, we also process your data that you as a candidate (or applicant) or interested student (e.g. following a job fair) voluntarily communicated: identity and contact details, gender, language, date of birth, education and any professional experience and/or skills, the follow-up of the process followed during selection, as well as other information that you provide to us, e.g. in your CV.
 
These data are processed as appropriate based on prior consent, the execution of a contract or on the grounds of our legitimate interest.
 
Other data:
In addition to the data of customers, suppliers, subcontractors, renters, service providers, personnel and candidates, we also process the personal data of others, such as potential new customers/prospects, useful contacts as part of our activities, network contacts, contacts of experts, etc.
We can also store and process your answers or feedback that we receive from you through satisfaction surveys or market research, as well as any complaints that you have addressed to us regarding goods you have purchased or work we have completed.
These data are processed based on your consent, the execution of a contract or our legitimate interest.
 
We process personal data for the technical and functional management of our website, to personalise our website and to ensure that the website is easy to use.
To this end, we can process data such as your IP address, the pages you visit, the browser you use, the websites you have previously visited and data such as your preferred language and the time and duration of your visit. We do this, e.g. by using cookies (see also the section on “Cookies” below).
 
These data are processed on the grounds of legitimate interest to improve our website and protect against cyber attacks, etc.
Herbosch-Kiere NV is in no way liable for the use that third parties make of your personal data as a visitor to the website. For example, the website may contain links to third-party websites or advertising messages from third-party advertisers through which personal data are collected.
 
5. Cookies
A cookie is a small text file that is placed in the browser of your computer or mobile device by the server of a website when you visit that website and stored on your computer or mobile device in the folder of your browser. These files contain data such as the visitor’s language preference, so that he or she does not have to enter that information again during a subsequent visit to the same website. This identification can take place during a visit to the website because the cookie contains a unique code that allows this.
Cookies can be placed by the server of the website you visit, or by partners who work with this website. A website’s server can only read the cookies it has installed itself and has no access to any other data that is on your computer or mobile device. A cookie usually contains the name of the server that placed the cookie, an expiry date and a unique numerical code.
 
Which cookies are installed?
 
Functional cookies
 
These are cookies that are necessary for the functioning of our website. This is mainly for storing your login details and preferences. Functional cookies are first-party cookies.
 
Third-party cookies (analytical cookies)
We use Google Analytics to collect statistical data (collecting information to evaluate and improve the content of our website). Third-party cookies can be installed because third-party content is placed (videos, etc.).
 
Why do we use cookies?
Herbosch-Kiere NV uses the functional cookies needed to guarantee the proper functioning of the website and to enable it to identify users. Cookies must be accepted so that an application can be used (e.g. application for a vacancy, logging in). The third-party cookies installed by Google Analytics are used to record statistics. This information is aimed at improving services and online portals.
 
Cookies pose in principle no risk to your computer because they are text files and not executable programmes.
 
If you want to modify or block cookies, you can do so via your browser settings.
- Internet Explorer : http://windows.microsoft.com/nl-NL/windows7/Block-...
- Firefox: http://support.mozilla.org/nl/kb/cookies-in-en-uit...
- Chrome: http://support.google.com/chrome/bin/answer.py?hl=...
- Safari:http://support.apple.com/kb/PH5042
 
Please note, however, that certain graphic elements may not appear correctly, or that you will not be able to use certain applications if you disable cookies.

6. Duration of processing
Personal data are stored and processed for the period that is necessary depending on the purposes of this processing and on our mutual relationship, whether contractual or not.
Herbosch-Kiere NV will not store the above-mentioned data longer than is necessary for its own operation.

7. Access to and transfer of your personal data
With a view to the processing of your personal data, we give access to these data to our staff, employees and appointees. They are obliged to treat data confidentially and may only use them for the purposes for which the data were provided.
 
Herbosch-Kiere NV can share your data with other companies affiliated with Eiffage Benelux NV and/or its parent company, Eiffage SA. In addition, Herbosch-Kiere NV and Eiffage Benelux rely on third parties to carry out certain activities (including processing activities), such as IT suppliers, accountants, auditors, cloud providers, social secretariats, as well as the government (e.g. attendance registration, public procurement contracts, social inspection, etc.), to whom your data can or have to be submitted.
 
It is possible that one or more parties are situated outside European Union. Personal data will only possibly be sent to third countries with an adequate protection level.
 
The employees, managers and/or representatives of the companies mentioned above, service providers or institutions and the specialised service providers appointed by them, must respect the confidential nature of your personal data and may only use these data within the context of which they were provided.
 
If necessary, personal data may be transferred to other third parties. This can take place as part of a complete or partial reorganisation, the transfer of our activities or in the event of bankruptcy. It is also possible that the data are provided to other parties according to the law or to a court order.
In that case, we will attempt to do everything possible to inform you in advance. However, you will understand and you hereby acknowledge that this is not always technically or commercially viable or that legal restrictions may be applicable.
 
8. Security
Your personal data will be treated confidentially. Herbosch-Kiere NV makes every effort to take the necessary technical and organisational measures to protect your personal data against any destruction, loss, forgery, unauthorised access or notification to third parties by mistake, as well as any unauthorised processing; Herbosch-Kiere will do this is by for instance firewalls, secure servers, and making back-ups, as well as the use of a security policy for its employees (limiting access, procedures, etc.).
The personal data you provide via the Website will not be stored on the internet, but can be stored on the Herbosch-Kiere NV servers in Belgium and/or in France for certain data communicated to the parent company.
You acknowledge and accept that the transmission of personal data via the internet is never without risk and, consequently, the damage that you might suffer directly or indirectly due to the unlawful use of your personal data by third parties can never be recovered from Herbosch-Kiere or NV Eiffage Benelux NV or Eiffage SA in France.
 
9. Your rights: Rights of access, rectification and information, the right to be forgotten, the right of portability and the right to object
In accordance with the provisions of the privacy legislation and more specifically the General Data Protection Regulation, you have a legal right of access to request to inspect, rectify or complete your personal data that are processed by Herbosch-Kiere NV free of charge.
 
You also have the right to be forgotten in the cases referred to in the G.D.P.R. Regulation (data erasure or restriction). We may, if necessary, refuse this if these data are necessary for the performance of a legal obligation, the execution of a contract or our legitimate interest, for as long as these data are necessary for the purposes for which they were collected. In the event of any dispute relating to the processing of your personal data, you may request that the processing thereof be limited until the dispute is settled.
 
Finally, you have the right of portability of your personal data: you have the right to receive the personal data relating to you that you have provided to us in a structured, commonly used and machine-readable form. You have the right to transfer these data to another responsible processor.
 
You can always object, for legitimate and serious reasons, to the use of your personal data. However, you cannot object to the processing of your personal data that are necessary to carry out a statutory obligation or the execution of a contract. You have the right at all times to object to the processing of your personal data for direct marketing purposes and to the use of marketing profiles based on your personal data. You also have the right to object to the transmission of your data to third parties for those same marketing purposes.
 
If the processing of your data is based on consent, you are also entitled to withdraw it. These personal data will then only be processed if we have a different legal basis for this.
 
Your request for objection, correction or erasure regarding the processing of your personal data can be sent to the Legal Service of Herbosch-Kiere by post at the above address. Herbosch-Kiere NV cannot handle your request without proof of your identity.
 
We make every effort to handle your personal data prudently and legitimately in accordance with applicable regulations. If you are nevertheless of the opinion that your rights have been violated and that your concerns are not dealt with within our company, you are free to lodge a complaint with the competent Supervisory Authority: Commission for the Protection of Privacy: commission@privacycommission.be.
 
You may also appeal to a competent court if you believe that you would suffer damage as a result of the unauthorised processing of your personal data.
 
Herbosch-Kiere NV