Privacy Policy regarding the Processing of Customer and Website User Personal Data

Aluminium Duffel (hereinafter referred to as 'we' or 'us') is aware of the importance of privacy and protecting the personal data of our customers and visitors to our website. This policy outlines how we handle your personal data and process it.

For readability, the terms 'we,' 'us,' and 'you' are used in this policy. When referring to these terms, they encompass individuals regardless of gender or any other identifier.

1. Scope

Aluminium Duffel, headquartered at 2570 Duffel, A. Stocletlaan 87, and registered under company number 0403.045.292, manages this website. We act as the data controller when processing the personal data of our customers and website users.

We prioritize creating and maintaining an environment where our customers can be confident that their information is not being misused. We operate in accordance with applicable data protection regulations, such as the General Data Protection Regulation (GDPR) 2016/679 and national data protection laws. These regulations concern the protection of your personal data and grant you rights regarding said data.

The purpose of this policy is to specify the personal data we collect, how we use your data after visiting our website, and to ensure that we handle your data appropriately.

Upon visiting our website, this privacy policy and the terms of use apply. The application of terms other than those in this policy is expressly rejected unless agreed upon with us in advance and in writing. In the latter case, this policy remains supplementary to the specific agreements. The use of this website, its platform, and content is only permitted when complying with this policy. If you do not fully accept and comply with this policy, you must cease using the website, its platform, and content.

2. What Personal Data Do We Collect?

If you are an applicant, please refer to our recruitment and selection policy on our Jobs page for more information regarding the processing of your personal data and your rights within the scope of the application process.

You are not required to provide us with personal data to use the majority of our website. However, for the purposes outlined in section 3, we may collect and process the following categories of personal data:

  • First name, last name
  • First name, last name
  • Position
  • Contact details (email, telephone)
  • Company, business form
  • Reason for your inquiry

Additionally, you may provide additional/optional information when filling out forms on our website or when we have contact with you (by phone, email, at trade shows, or during events).

Furthermore, we may collect and process information obtained through our website or the devices you use. This may include:

  • Information from cookies, web beacons, or the internet. This information is automatically collected and may pertain to the website you visited before surfing our website or the website you visit after ours. We may also collect information about the pages of our website you visit, your IP addresses, browser type, access time, and operating system. You can find more about how we use cookies in our cookie policy.
  • We may also gather publicly available information to verify the data we previously collected and to manage and expand our activities.

3. Why Do We Collect This Information, and What Legal Basis Do We Use?

We collect the aforementioned information to understand your needs and offer you better service, specifically for the following purposes:

  • To respond to your (online) queries about our products or services, to provide you with information about our products.
  • To deliver the products and services you have ordered.
  • To enhance our products and services.
  • To investigate complaints about our products or services or regarding our website.
  • To comply with legal and regulatory obligations as well as compliance requirements.
  • To periodically send emails with offers of products and services, special offers, or other information we believe may be of interest to you.
  • To occasionally contact you for market research purposes. We may contact you via email or phone.
  • To process your personal data for specific purposes as mentioned in specific forms on our website, in written communications, or via email.

We process the above personal data based on various legal grounds as listed in Articles 6.1 (a), (b), (c), and (f) of the GDPR.

It is necessary to process your personal data to fulfill the agreements whereby we are bound to fulfill our contractual obligations concerning the delivery of our products or services. If personal data is processed during the execution of the agreement (e.g., invoices and communications), this data will be retained for up to 10 years after termination of the commercial relationship, following the applicable limitation period.

In some cases, there is a legal obligation to process and transfer personal data to third-party recipients such as government authorities, specifically concerning government contracts or anti-money laundering legislation.

Furthermore, we have a legitimate interest in processing your personal data to contact you for conducting our business activities and informing you about our products, services, promotions, and events. Your personal data will be kept for up to two years after the termination of the commercial relationship.

If you are not yet a customer, we will request your consent to inform you about our events, products, and services for promotional purposes. In this case, we will retain your personal data for one year.

4. How Do We Use and Share Your Data?

We may share your personal data with:

  • Affiliates or
  • Government authorities if requested.

Based on our legitimate interest, we may also share your personal data with third parties, processors, who assist us with our products and services. Examples of third-party activities include web server hosting, data analysis, providers of marketing support, and customer service. These companies have access to your personal data but only when strictly necessary to perform their activities. They are not permitted to use your data for other purposes.

Your personal data will not be sold or rented to third parties.

We may disclose your personal data to enforce our policy, comply with our legal obligations, or in the interest of security, public interest, or law enforcement in any country where we have entities or branches. This allows us to comply with requests from law enforcement or regulatory/government authorities. We may also disclose data in the context of actual or proposed legal proceedings or to protect our property, safety, individuals, and other rights and interests.

In the event that the activities of Aluminium Duffel bv are sold or merged with another company, your data will be disclosed to the advisor of a potential buyer and will be transferred to the new owners of the company. In this case, we take appropriate measures to ensure the integrity and confidentiality of your personal data. However, the use of your personal data remains subject to this policy.

5. Transfer of Your Personal Data outside the European Economic Area

We may transfer your personal data to third parties located in third countries (outside the European Economic Area (EEA)), such as the USA. This transfer of data outside the EEA is lawful if the data recipient is located in a country that provides an adequate level of protection following an adequacy decision by the European Commission or if the receiving company adheres to the EU-US Data Privacy Framework. Some of these countries may not have equivalent data protection legislation to safeguard the use of your personal data. In such cases, we have investigated whether appropriate precautions, such as standard contract clauses within the EU, are possible. In specific cases, we request your prior consent to transfer your personal data outside the EEA. For more information on data transfer, please follow the procedure described in the "Rights of the Data Subject" article.

6. Rights of the Data Subjects

Data protection legislation provides various rights for the data subject regarding the processing of personal data to ensure sufficient control over the processing of their personal data.

You have the following rights:

a) Right of Access/Inspection

You have the right to obtain confirmation from us whether or not your personal data is being processed. In case of affirmative confirmation, you can request access to your personal data.

We will inform you of the following if these have not already been included in this policy:

  • The purposes of processing
  • The categories of personal data involved
  • The recipients or categories of recipients to whom the personal data has been or will be disclosed
  • Transfers to recipients in third countries or international organizations
  • If possible, the envisaged period for which the personal data will be stored or, if not possible, the criteria used to determine that period
  • Your rights regarding your personal data as listed in this chapter
  • When we did not obtain your personal data directly from you, all available information about the source of that data
  • The existence of automated decision-making, including profiling, and meaningful information about the underlying logic, as well as the significance and envisaged consequences of that processing for the data subject.

We will provide you with a copy of the personal data we hold if you request it. If you repeatedly and disproportionately request additional copies, we may charge a reasonable fee.

b) Right to Rectification

If you find that we hold incorrect or incomplete personal data about you, you have the right to notify us so that we can rectify or supplement this data.

c) Right to Erasure

You may also request the erasure of your personal data if the processing is not in line with data protection laws and within legal limits.

d) Right to Restriction of Processing

You may request restriction of processing if:

  • The accuracy of the personal data has been contested, for a period enabling us to verify the accuracy
  • The processing is unlawful, and you oppose erasure and request restriction instead
  • We no longer need the data, but you require it for the establishment, exercise, or defense of legal claims
  • You have objected to processing pending verification of whether our legitimate grounds override yours

e) Right to Data Portability

You also have the right to obtain your personal data that you provided to us in a structured, commonly used, and machine-readable format. You have the right to transmit this personal data (directly to us) to another controller where the processing is based on your consent and is carried out by automated means.

f) ) Right to Object

When your personal data is processed for direct marketing purposes (including profiling), you may object to this processing at any time.

You may also object to processing due to a specific situation related to the data subject. The organization will cease processing unless the organization provides compelling legitimate grounds for the processing that override the interests, rights, and freedoms of the data subject, or the processing is necessary for the establishment, exercise, or defense of legal claims.

g) Automated Individual Decision-Making

The data subject has the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning them or significantly affects them, such as evaluating personal aspects related to job performance, reliability, creditworthiness, etc.

This right not to be subject to such automated decision-making does not apply if the decision is authorized by a compelling legal provision. The data subject cannot invoke this right if the decision is necessary for the conclusion or performance of a contract between the data subject and the organization or is based on the explicit consent of the data subject. In these latter two cases, the data subject has the right to obtain human intervention from someone within the organization and the right to express their point of view and challenge the automated decision.

h) Right to Withdraw Consent

If you have granted us your consent for a specific processing purpose, you can withdraw this consent at any time by sending an email or via your account.

i) Procedure for Exercising Rights and Other Provisions

We may request verification of your identity to ensure that your request is lawful and that we provide the response to the person entitled to send one of the aforementioned requests and obtain the information.

Please note that in certain circumstances provided by law, we may refuse access to your information or may not fulfill your request when we have the right to do so under the applicable data protection legislation.

If you require further information about the processing of your personal data or if you wish to exercise your rights, you can contact us at the Privacy Officer privacy@aluminiumduffel.com.

You have the right to lodge a complaint with the competent supervisory authority (regarding data protection). In Belgium, this is the Data Protection Authority, located at Drukpersstraat 35, 1000 Brussels (contact@apd-gba.be).

Security

We strive to ensure the security of your data. We have implemented reasonable technical and organizational measures to secure your personal data against accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to data transmitted, stored, or otherwise processed. However, please note that the internet is an open system, and we cannot guarantee that unauthorized third parties cannot bypass these measures or use your personal data for inappropriate purposes.

This website may contain links to third-party websites. We are not responsible for the content of those websites or for the privacy standards and practices of those third parties. Make sure to read and understand the relevant privacy policy of those third parties and their websites before accepting their cookies and visiting their website to ensure that your personal data is adequately protected.

7. Terms of Use and Liability

A. Rights on Website and Material - Permitted Use

Our website and the material made available on it (e.g., texts, images, films, data, software, trademarks, trade names, and other information) are protected by intellectual property rights and other rights belonging to our company.

Visitors to the website acquire a right to use the website and the material for their personal use. This right of use is personal, non-exclusive, and non-transferable, and we reserve the right to revoke it at any time and without justification. Any further use of the content and any other element of the website (e.g., reproduction, modification, publication, or other distribution) is prohibited unless with our and/or our licensors' explicit, prior, and written consent.

B. Prohibited Use of the Website and Material

You undertake not to use the website and the material (1) in an illegal manner and/or for illegal purposes, (2) in ways that damage, modify, interrupt, stop, or make them less efficient, (3) for sending or placing computer viruses or material that is offensive, obscene, threatening, or otherwise not in line with the purpose of the website, (4) in ways that violate the rights of a third party or ours, such as privacy rights, data protection, and intellectual property rights, (5) for posting and sending promotional or advertising messages without our prior consent and unless the recipient has agreed to this.

C. Liability

We take reasonable measures to keep the information we add to our website as complete, accurate, and up-to-date as possible, without guaranteeing that the information provided is without any deficiencies. The information is not aimed at specific individuals or organizations and may therefore not be necessarily complete, relevant, or accurate.

The information should not be considered as professional or legal advice (for this, you should always consult an expert). The user is responsible for using the website and the information found on it. We disclaim all liability for any damage resulting from any incorrect information on our website.

We make reasonable efforts to limit technical failures as much as possible. However, errors may occur in using the website that could disrupt its availability and operation. The website and its content are provided "as is," and we do not accept any liability for any problems arising from the use of our website or its content.

The web pages may contain links to external websites over which we have no control and for which we do not assume responsibility. We are also not responsible for the material and information that users may add to the website. The user will fully indemnify and hold us harmless for any damage arising from this material and information.

8. Applicable Law and Competent Courts

Belgian law applies to our website, this policy, and all disputes related to it. In case of disputes, only the courts of Antwerp have jurisdiction.

9. Changes to this Policy

Aluminium Duffel BV may adjust and update this policy from time to time to ensure it reflects how we process your personal data at a given time. The updated version of this policy will be posted on the same webpage and will become effective immediately upon publication. Please regularly revisit this webpage to ensure that you are always aware of the information we collect and process, how and in what circumstances your data is used, and in which cases we share your data with third parties.

Version October 2023