Updated on 14 March 2020

  1. Parties and purpose

Company Prochibat (hereinafter 'Prochibat' or the 'data controller')

Chaussée de Wavre 94, 1360 Perwez

ECB / VAT : BE 0423.138.942

Mail: info@prochibat.be

Telephone: +32 (0) 81 24 18 78

Prochibat has drawn up this privacy policy in order to provide transparent information to users of the website hosted at the following address: www.prochibat.be (hereinafter referred to as the 'Site') as to how personal data is collected and processed by Prochibat.

The term 'User' refers to any user, i.e. any natural or legal person, who visits or interacts in any way with the site.

As such, Prochibat determines all the technical, legal and organisational means and purposes of processing users' personal data. To this end, Prochibat undertakes to take all necessary measures to guarantee the processing of personal data in accordance with the Law of 30 July 2018 on the protection of individuals with regard to the processing of personal data ('the Law') and the European Regulation of 26 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data ('the Regulation').

Entreprise Prochibat is free to choose any natural or legal person who processes users' personal data at its request and on its behalf (hereinafter the 'Processor'). Where applicable, Prochibat undertakes to select a Processor offering sufficient guarantees as to the technical and organisational security measures for the processing of personal data, in accordance with the law and regulations.

  • Processing of personal data

The use of the site by users may result in the communication of personal data. The processing of such data by Prochibat, in its capacity as data controller, or by service providers acting in the name and on behalf of Prochibat, will comply with the Law and the Regulation.

Personal data will be processed by Prochibat for the purposes set out below via :

  • Automated procedure.
  • Use of cookies.
  • Purpose of processing personal data

In accordance with Article 13 of the Regulation, the purposes for which personal data is processed are communicated to the user and are as follows:

  • To provide the services offered and agreed on the site.
  • To monitor the performance of the services offered.
  • To carry out marketing and promotional information activities with the prior consent of the user and until such consent is revoked, for example the sending of promotions on the products and services of the data controller.
  • Personal data likely to be processed

By visiting and using the site, the user consents to Prochibat collecting and processing the following personal data in accordance with the terms and principles described in this privacy policy:

  • Information provided by users for contractual purposes and to enable the proper performance of reciprocal obligations, i.e. surname, first name, address, IBAN number and bank details, and more generally, any information voluntarily provided by the user.
  • Information provided by users by filling in forms or by contacting us by telephone, e-mail or other means, for example the name, e-mail address or telephone number of users.
  • With regard to users' visits to the Site, the following information is automatically collected: IP address, type of browser, operating system, pages consulted on the Site, URL, browsing time, etc.
  • Consent

By accessing and using the site, the user declares that he/she is aware of and gives his/her free, specific, informed and unequivocal consent to the processing of his/her personal data. This agreement relates to the content of this Privacy Policy.

Consent is given by the positive act by which the user has ticked the box proposing the privacy policy as a hyperlink. This consent is an indispensable condition to carry out certain operations on the Site or to allow the user to enter into a contractual relationship with Prochibat. Any contract between Prochibat and a user relating to the services and goods offered on the Site is subject to the user's acceptance of the Privacy Policy.

The user consents to the processing and collection by the data controller, in accordance with the terms and principles set out in this privacy policy, of the personal data that the user communicates on the Site or in connection with the services offered by Prochibat, for the purposes indicated above.

Users have the right to withdraw their consent at any time. Withdrawal of consent does not compromise the lawfulness of processing based on consent previously given.

  • Retention period for users' personal data

In accordance with Article 13(2) of the Regulation and the Law, the controller shall only keep personal data for as long as is reasonably necessary for the purposes for which they are processed.

In all cases, this period is less than : 2 years.

  • Recipients of data and disclosure to third parties

Personal data may be transmitted to employees, collaborators, subcontractors or suppliers of Prochibat who offer adequate security guarantees and who collaborate with Prochibat in the context of the marketing of products or the provision of services. They act under the direct authority of Prochibat, and are in particular responsible for collecting, processing or sub-contracting this data.

In all cases, the recipients of the data and those to whom the data has been disclosed shall comply with the content of this privacy policy. Prochibat assures that they will process such data only for the purposes intended, in a discreet and secure manner.

In the event that data is disclosed to third parties for direct marketing or canvassing purposes, users will be informed in advance so that they can express their consent to the use of their personal data.

  • User rights

Users may exercise their rights at any time by sending an e-mail to the following address info@prochibat.beor by post, enclosing a copy of your identity card, to the following address Chaussée de Wavre 94, 1360 Perwez

  1. Right of access

In accordance with Article 15 of the Regulation, Prochibat guarantees the User the right to his/her personal data. The user has the right to obtain access to said personal data as well as the following information:

  • The purposes of the processing.
  • The categories of personal data concerned.
  • The recipients/categories of recipients to whom the personal data has been or will be communicated, in particular recipients established in third countries or international organisations.
  • Where possible, the length of time for which the personal data will be kept or, where this is not possible, the criteria used to determine this length of time.
  • 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, useful information concerning the underlying logic, as well as the significance and expected consequences of such processing for the data subject.

The data controller may charge a reasonable fee based on administrative costs for any additional copies requested by the user.

Where the user submits this request electronically, the information shall be provided in a commonly used electronic form, unless the user requests otherwise.

The user will be sent a copy of his or her data no later than one month after receipt of the request.

  • Right of rectification

Prochibat guarantees the user the right to rectify and delete 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 shall first make the necessary changes himself/herself from his/her user/other account, unless they cannot be made autonomously, in which case the request may be made to Prochibat.

In accordance with Article 19 of the Regulation, the controller shall notify each recipient to whom personal data are disclosed, unless such disclosure proves impossible or would involve a disproportionate effort. The controller shall provide the data subject with information on these recipients if he or she so requests.

  • Right to erasure

Users have the right to obtain the deletion of their personal data as soon as possible in the cases listed in Article 17 of the Regulation.

Where the controller has made the personal data public and is required to erase them pursuant to the previous paragraph, the controller shall, taking into account available technology and the costs of implementation, take reasonable steps, including technical steps, to inform other controllers processing such personal data that the data subject has requested the erasure by such controllers of any link to, or any copy or reproduction of, such personal data.

The two preceding paragraphs shall not apply insofar as such processing is necessary: 

  • The exercise of the right to freedom of expression and information.
  • in order to comply with a legal obligation which requires the processing provided for by Union law or by the law of the Member State to which the controller is subject, or in order to perform a task carried out in the public interest or in the exercise of official authority vested in the controller
  • Establishing, exercising or defending legal claims

In accordance with Article 19 of the Regulation, the controller shall notify each recipient to whom personal data have been disclosed of any erasure of personal data or any erasure requiring a disproportionate effort. The controller shall provide the data subject with information on these recipients if he or she so requests.

  • Right to restrict processing

The user has the right to obtain a restriction on the processing of his/her personal data in the circumstances set out in Article 19 of the Regulation.

In accordance with Article 19 of the Regulation, the controller shall notify each recipient to whom personal data have been disclosed of any restriction on the processing carried out, unless such disclosure proves impossible or would involve a disproportionate effort. The controller shall provide the data subject with information on these recipients if he or she so requests.

  • Right to data portability

In accordance with Article 20 of the Regulation, Users have the right to receive from Prochibat personal data concerning them in a structured, commonly used and machine-readable format. Users have the right to transmit this data to another data controller without Prochibat hindering this in the case provided for by the Regulation.

When users exercise their right to data portability in accordance with the previous paragraph, they have the right to have their personal data transmitted directly from one controller to another, where this is technically possible.

The right to data portability does not affect the rights and freedoms of third parties.

  • Right of opposition and automated individual decision-making

The user has the right at any time to object to the processing of his/her personal data due to his/her particular situation, including the automation of data by Prochibat.

In accordance with Article 21 of the Regulation, Prochibat will no longer process personal data unless there are compelling legitimate grounds for the processing which override the interests and rights and freedoms of the user, or for the establishment, exercise or defence of legal claims.

If the data subject objects to the processing for canvassing purposes, the personal data will no longer be processed for these purposes.

  • Right to complain

The user has the right to lodge a complaint concerning the processing of his/her personal data by Prochibat with the Data Protection Authority competent for the Belgian territory.

Further information can be found on the website :

https://www.autoriteprotectiondonnees.be

Complaints can be made to the following addresses:

Data Protection Authority

Rue de la Presse 35, 1000 Brussels

Tel: +32 2 274 48 00

Fax: +32 2 274 48 35

Mail : contact@apd.gba.be

Users may also lodge a complaint with their local court of first instance.

  • Limitation of the data controller's liability

The website may contain links to other websites owned by third parties unrelated to Prochibat.

Prochibat is not responsible for the content of these sites or their compliance with laws and regulations.

The holder of parental authority must give their express consent for a minor under the age of 16 to disclose personal information or data on the website. Prochibat strongly advises persons exercising parental authority over minors to promote responsible and secure use of the Internet. The data controller cannot be held responsible for having collected and processed information and personal data from minors under the age of 16 whose consent is not effectively covered by that of their legal parents or for incorrect data, in particular concerning age, entered by minors. Under no circumstances will personal data be processed by the data controller if the user specifies that he/she is under 16 years of age.

Prochibat is not responsible for the loss, corruption or theft of personal data caused in particular by the presence of viruses or as a result of computer attacks.

  1. Applicable law and jurisdiction

This Privacy Policy is governed exclusively by Belgian law. Any dispute shall be brought before the courts of the judicial district of Prochibat's registered office.

  1. Contact

For any questions or complaints relating to this Privacy Policy, users may contact the data controller at the following address: info@prochibat.be