1. Introduction
MSB nv, with its registered office at Karnemelkstraat 2-4, 9060 Zelzate, and registered in the Cross-Reference Database of Enterprises under company number BE0418.773.843, attaches great importance to the secure, transparent, and confidential collection and processing of your personal data. In particular, we aim to protect the data of our customers, subcontractors, and suppliers, among others, against loss, leaks, errors, unauthorized access, or unlawful processing.
Through this Data Protection Notice, we wish to inform you about the collection and processing of your personal data.
We ask that you read this Data Protection Notice carefully, as it contains essential information about how your personal data is processed and for what purposes. By providing your personal data, you expressly acknowledge that you have read this Data Protection Notice and expressly agree to it, as well as to the processing itself.
2. Scope of Application
This Data Protection Notice applies to all services we provide and, in general, to all activities we carry out.
3. Data Controller and Its Obligations
MSB nv, with its registered office at Karnemelkstraat 2-4, 9060 Zelzate, and company number BE0418.773.843, is the data controller of your personal data.
When collecting and processing your personal data, we comply with Belgian regulations on the protection of personal data, as well as the General Data Protection Regulation (“GDPR”) as of its entry into force on May 25, 2018.
4. Personal Data
Depending on your activities and your relationship with our company, you provide us with the following personal data: your identification and contact information (name, title, address, email address, landline and cell phone numbers). For certain specific legal obligations (electronic attendance tracking, 30bis work reporting), you may be required to provide us with additional information to record your attendance (such as E-ID details, Limosan number).
We kindly remind you that you are responsible for all information you provide to us and that we rely on its accuracy. If your information is no longer up to date, please notify us immediately.
You are not required to provide your personal data, but you understand that providing certain services or collaborating with us will be impossible if you do not consent to the collection and processing of such data.
5. Purposes of Processing and Legal Basis
5.1 Customer Information
As part of our services and activities, we collect and process the identity and contact information of our customers and clients, their staff, employees, appointees, and other relevant contacts. The purposes of this processing include the performance of agreements with our customers, customer management, accounting, and direct marketing activities such as sending promotional or commercial information. The legal bases for this processing are the performance of the agreement, compliance with legal and regulatory obligations (such as the 30bis declaration of work), and/or our legitimate interest.
5.2 Supplier and Subcontractor Information
We collect and process the identity and contact information of our suppliers and subcontractors, as well as any of their (sub)subcontractors, their staff, employees, appointees, and other relevant contacts. The purposes of this processing are the performance of this agreement, the management of suppliers/subcontractors, accounting, and direct marketing activities such as sending promotional or commercial information. The legal bases are the performance of the agreement, compliance with legal and regulatory obligations (such as, for example, mandatory electronic attendance tracking, the 30bis work declaration, the attendance list, or other obligations related to public procurement, etc.), and/or our legitimate interest (such as for direct marketing). For electronic attendance registration, E-ID data or the Limosan number may also be processed where applicable. For direct marketing activities via email (such as a newsletter or invitations to events), consent will always be requested and may be withdrawn at any time.
5.3 Employee Information
We process our employees’ personal data for the purposes of human resources management and payroll administration. Given the specific nature of this processing, it is governed in greater detail by an Employee Data Protection Policy.
5.4 Other information
In addition to data from customers, suppliers/subcontractors, and employees, we also process personal data from others, such as potential new customers/prospects, useful contacts within our industry, networking contacts, expert contacts, etc. The purposes of this processing are in the interest of our business activities, direct marketing, and public relations. The legal basis is our legitimate interest or, in some cases, the performance of a contract.
6. Duration of processing
We retain and process personal data for a period necessary to fulfill the purposes of the processing and in accordance with the relationship (whether contractual or otherwise) we have with you.
Customer data and data from suppliers or subcontractors will, in any case, be deleted from our systems ten years after the termination of the agreement or project, except for personal data that we are required to retain for a longer period under specific legislation or in the event of an ongoing dispute for which the personal data is still necessary.
7. Rights
In accordance with and subject to the terms of Belgian privacy laws and the provisions of the General Data Protection Regulation, we hereby inform you that you have the following rights:
- Right of Access and Inspection: You have the right to review, free of charge, the data we hold about you and to verify how it is being used.
- Right to rectification: You have the right to have your inaccurate personal data corrected, as well as to have incomplete personal data completed.
- Right to erasure or restriction of processing: You have the right to request that we erase your personal data or restrict its processing under the circumstances and conditions set forth in the General Data Protection Regulation. We may refuse to erase or restrict any personal data that is necessary for us to comply with a legal obligation, to perform the contract, or to pursue our legitimate interests, as long as such data is necessary for the purposes for which it was collected.
- Right to data portability: You have the right to receive the personal data you have provided to us in a structured, commonly used, and machine-readable format. You have the right to transmit this data to another data controller.
- Right to object: You have the right to object to the processing of your personal data on serious and legitimate grounds. Please note, however, that you cannot object to the processing of personal data that is necessary for us to comply with a legal obligation, to perform a contract, or to pursue our legitimate interests, as long as such data is necessary for the purposes for which it was collected.
- Right to Withdraw Consent: If the processing of personal data is based on prior consent, you have the right to withdraw that consent. This personal data will then only be processed if we have another legal basis for doing so.
- Automated decisions and profiling: We confirm that the processing of personal data does not involve profiling and that you are not subject to fully automated decisions.
You may exercise the aforementioned rights by contacting MSB nv at 09 345 66 55.
We make every effort to handle your personal data with care and in a lawful manner, in accordance with applicable regulations. If, nevertheless, you believe that your rights have been violated and your concerns have not been addressed within our company, you are free to file a complaint with:
Commission for the Protection of Privacy
Drukpersstraat 35, 1000 Brussels
Tel. 02 274 48 00
Fax. 02 274 48 35
Email: commission@privacycommission.be
You may also file a lawsuit if you believe you have suffered harm as a result of the processing of your personal data.
8. Disclosure to Third Parties
Certain personal data collected by us will be disclosed to and may be processed by third-party service providers, such as our IT provider, accountant, and auditor, as well as by government authorities (for example, in connection with the 30bis declaration of work, electronic attendance tracking, or bidding on government contracts).
It is possible that one or more of the aforementioned third parties are located outside the European Economic Area (“EEA”). However, personal data will only be transferred to third countries that provide an adequate level of protection.
The employees, managers, and/or representatives of the service providers or institutions listed above, as well as the specialized service providers appointed by them, are required to respect the confidential nature of your personal data and may use this data only for the purposes for which it was provided.
If necessary, your personal data may be disclosed to other third parties. This may be the case, for example, if we were to undergo a full or partial reorganization, if our business were to be transferred, or if we were to be declared bankrupt. It is also possible that personal data may need to be disclosed pursuant to a court order or to comply with a specific legal obligation. In such cases, we will make reasonable efforts to inform you in advance of this disclosure to other third parties. However, you acknowledge and understand that, under certain circumstances, this may not always be technically or commercially feasible, or that legal restrictions may apply.
Under no circumstances will we sell your personal data or make it commercially available to direct marketing agencies or similar service providers, unless we have your prior consent.
9. Technical and Organizational Measures
We take the necessary technical and organizational measures to process your personal data in accordance with an adequate level of security and to protect it against destruction, loss, falsification, alteration, unauthorized access, or accidental disclosure to third parties, as well as any other unauthorized processing of this data.
Under no circumstances may MSB nv be held liable for any direct or indirect damage resulting from the incorrect or unlawful use of personal data by a third party.
10. Third-party access
With a view to the processing of your personal data, we grant access to your personal data to our employees, associates and appointees. We guarantee a similar level of protection by making contractual obligations enforceable on these employees, associates and appointees, which are similar to this Data Protection Notice.
11. Cookie policy
General
This website uses cookies. A cookie is a simple small file that is sent with pages from this website and stored by your browser on the hard drive of your computer. The information stored therein can be sent back to our servers the next time you visit our website, so that not only optimal functioning of the website can be guaranteed, but you can also be offered better service.
After all, cookies remember certain choices and settings you have made so that a subsequent visit can be faster, more efficient, and easier.
Information by type of cookie
Permanent cookies: With the help of permanent cookies, the visitor can be recognized when he or she visits the website again. The website can therefore be specifically set to the visitor’s preferences. Even if the visitor has given permission to place cookies, this can be remembered by means of a cookie. This means that the visitor does not have to keep repeating his preferences, which saves time. Permanent cookies can be deleted via the setting of the visitor’s web browser.
Session cookies: Session cookies are used to track which parts of the website the visitor has viewed. This allows services to be tailored as much as possible to visitors’ browsing behavior, ensuring an optimal and pleasant user experience. Session cookies are automatically deleted as soon as the web browser is closed.
Functional cookies: These cookies are necessary for the functioning of the website or webshop. For example, cookies that remember login details, language preferences, etc.
Analytical cookies: A cookie from Google is placed via the website as part of the “Analytics” service. This service is used to track and obtain reports on how visitors use the website. Google may provide this information to third parties if Google is legally obliged to do so, or insofar as third parties process the information on behalf of Google. For further information, please refer to Google’s Privacy Policy (https://www.google.com/intl/nl/policies/privacy/).
Cookies used on this site
Google Analytics, to track and obtain reports on how website visitors use the website, with a view to improving the services. For more information and lifespan, see: https://www.google.com/policies/technologies/cookies/.
Google AdWords, to track how many visitors visited the website via a Google advertisement. For more information and lifespan, see: https://www.google.com/policies/technologies/cookies/.
Pop-up cookie, allows the visitor to receive a pop-up every time he visits the website within an hour interval in order to gain quicker access to promotions, products, etc.
Social Sharing via Facebook allows the visitor to share certain promotions, products, etc. via Facebook. The lifespan is one browser session.
Youtube, ter bevordering van de dienstverlening worden er instructiefilmpjes, via Youtube, geplaatst op de website. Voor meer informatie en levensduur zie: https://www.youtube.com/static?template=privacy_guidelines/.
Managing and deleting cookies
You can decide for yourself whether to accept or refuse cookies. When you visit our website for the first time, you will be asked for your consent to place these cookies. Most web browsers automatically accept cookies, but you can usually adjust your browser settings to refuse cookies. You will need to do this for each browser and each computer individually. Click on the Help function of the browser you are using to read how to adjust your settings.
Please note that not accepting, disabling, or deleting cookies may result in certain functionalities of the website being less accessible or functioning poorly.
12. Any questions?
If, after reading this Data Protection Notice, you have further questions or comments regarding the collection and processing of your personal data, you can contact MSB nv either by post to Karnemelkstraat 2-4, 9060 Zelzate or by email to info@msb.be.
This Data Protection Notice was prepared in collaboration with the law firm Schoups, www.schoups.be