Privacy policy

FORMIND, having its registered office at 2550 Kontich, Witte Stedeweg 24, Belgium, and registered with the Crossroads Bank for Enterprises under company number 0631.922.336, hereinafter referred to as “FORMIND”, hereby declares as follows:

FORMIND processes personal data in the performance of assignments entrusted to it by its clients, as well as in the event of contact via the contact form and/or use of the website (www.formind.be).

Depending on the specific circumstances, FORMIND acts either as a controller or as a processor.

FORMIND acts as the controller insofar as the processing of personal data is carried out for its own purposes and FORMIND determines the means of such processing itself. Where personal data of data subjects are processed on behalf of a client, FORMIND acts as a processor.

FORMIND acknowledges the importance of secure processing of personal data. Accordingly, both FORMIND and its clients acknowledge that all processing activities shall be carried out in accordance with applicable national legislation, including the Belgian Act of 30 July 2018 on the protection of natural persons with regard to the processing of personal data, as well as Regulation (EU) 2016/679 (hereinafter the “GDPR”), which has been in force since 25 May 2018, and undertake to comply therewith.

In the event of substantive legislative amendments, FORMIND undertakes to adapt this Privacy Policy accordingly.

This Privacy Policy, as well as any amendments thereto, may be consulted at any time on FORMIND’s website, www.formind.be.

For the proper understanding of this Privacy Policy, the following terms shall have the following meanings:

• GDPR: 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, also known as the General Data Protection Regulation or GDPR;
• Personal Data: Any information relating to an identified or identifiable natural person, such as a name, email address, location data, an online identifier, or one or more elements specific to the physical, physiological, genetic, psychological, economic, cultural or social identity of that person;
• Data Subject: An identified or identifiable natural person;
• Consent of the Data Subject: Any freely given, specific, informed and unambiguous indication of the Data Subject’s wishes by which he or she, by means of a statement or by a clear affirmative action, signifies agreement to the processing of Personal Data;
• Processor: A natural or legal person, public authority, agency or other body which processes Personal Data on behalf of the Controller;
• Processing: Any operation or set of operations performed on Personal Data or on sets of Personal Data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction;
• Controller: A natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of Personal Data;
• Personal Data Breach: A breach of security leading, whether accidentally or unlawfully, to the destruction, loss, alteration, unauthorised disclosure of, or unauthorised access to, Personal Data transmitted, stored or otherwise processed.

Scope of the Privacy Policy

Contractual Relationships

This Privacy Policy applies to the contractual relationship between FORMIND and the client or Data Subject and shall remain applicable throughout the entire duration of the assignment.

Any deviation from this Privacy Policy in the context of a contractual relationship between the client or Data Subject and FORMIND shall only be permitted where required by law or following the explicit or implicit consent of both parties. Material amendments shall be expressly communicated via the website.

Website

By accessing FORMIND’s website (www.formind.com) and/or using the contact form, the Data Subject acknowledges having read this Privacy Policy and agrees that FORMIND may use the Personal Data collected, taking into account the scope and purpose of the request for which the data were provided (Articles 6(1)(a) and 6(1)(b) GDPR).

FORMIND does not guarantee the completeness, accuracy or up-to-date nature of the information contained on its website, nor of the content of third-party websites to which reference or links may be made.

Processing of Personal Data

FORMIND guarantees that Personal Data are collected and processed in a transparent manner and solely for specific, explicit and legitimate purposes. Each processing activity shall be limited to what is necessary for the purposes for which the processing takes place. FORMIND shall ensure that Personal Data are recorded accurately and updated where necessary.

In the context of the services provided by FORMIND, the Personal Data collected may include, among other things, first name, surname, email address, address (geolocation) and telephone number, as well as any other personal information that the client or Data Subject chooses to provide in connection with a request for information or services from FORMIND.

No data are processed that may be considered sensitive or that fall within a special category of Personal Data.

FORMIND shall not retain the Personal Data it processes for longer than necessary for the purposes of the processing, or longer than required by applicable legal obligations.

Legal Basis for Processing

By engaging the services of FORMIND or completing the contact form on the website and providing Personal Data in this context, the client acknowledges and accepts that such data may be processed (Article 6(1)(b) GDPR).

The client and/or Data Subject nevertheless remains the owner of the data provided.

With regard to Personal Data received by FORMIND as Controller from the client and used for marketing and customer management purposes, FORMIND relies on the legal basis of legitimate interest, where the Data Subject is a client of FORMIND as a result of placing an assignment (Articles 6(1)(b) and 6(1)(f) GDPR), or on explicitly obtained consent (Article 6(1)(a) GDPR).

The client, in their capacity as Data Subject, may at any time request the amendment of their Personal Data or withdraw any consent previously given, insofar as the processing is based solely on such consent.

Purposes of Processing

FORMIND processes the following types of Personal Data for the following purposes:

Types of Personal Data

Name, surname, address, email address, telephone number and VAT number (solely for accounting purposes).

Purposes

• provision of services;
• accounting purposes (invoicing);
• compliance with legal obligations (identification requirements);
• providing information about products and services;
• processing requests submitted to FORMIND by email or via the website;
• direct marketing;
• targeted promotions and offers.

When you visit FORMIND’s website and, where applicable, use the contact form, certain information may need to be provided to facilitate contact. This information shall be used exclusively internally.

FORMIND also uses cookies which may collect certain information relating to website visits, including Personal Data.

When engaging FORMIND’s services, FORMIND must also have access to certain Personal Data that are necessary for the performance of the agreement.

For each processing activity, FORMIND shall only use the minimum amount of Personal Data necessary in the context of the requested services.

Appropriate Technical and Organisational Measures

FORMIND shall take appropriate technical and organisational measures to ensure the secure processing of Personal Data and to limit the risk of destruction, loss, unauthorised alteration or processing.

In doing so, FORMIND shall take into account industry practices, the state of the art, the nature, scope and context of the processing, the purposes of the processing and the potential risks to the rights and freedoms of the persons concerned.

Upon written request, FORMIND shall provide detailed information regarding the security policy it applies.

Subcontractors and Processors

FORMIND uses subcontractors who process Personal Data on behalf of and under the supervision of FORMIND. Such processing shall at all times be limited to what is strictly necessary for the performance of the respective assignment.

FORMIND shall ensure that the processors it appoints, including its employees and subcontractors, process Personal Data in accordance with applicable legislation and, whether contractually or otherwise, undertake to implement the necessary technical and organisational security measures in accordance with Article 28 GDPR.

FORMIND’s employees and subcontractors have contractually undertaken to maintain the confidentiality of Personal Data.

The subcontractor shall independently determine the manner in which Personal Data are processed, taking into account the risks associated with its expertise. In the absence of equivalent expertise, FORMIND, acting as Controller, shall not be liable for any unlawful processing resulting from an incorrect assessment by the subcontractor.

Accordingly, FORMIND shall bear no responsibility for the loss or corruption of data, theft of data, viruses or other attacks on the subcontractor’s IT systems and (cloud) servers.

Disclosure of Personal Data to Third Parties

Except in relation to employees and subcontractors involved in the provision of services, FORMIND shall not disclose Personal Data to third parties, unless this is done with the explicit consent of the Data Subject, at the request of the Data Subject, pursuant to a request from judicial authorities, or where disclosure is required by law.

In the latter case, FORMIND shall inform the Data Subject without undue delay of the request made by the relevant authorities and/or public bodies.

Processing of Personal Data within the European Union

FORMIND endeavours to limit the transfer and processing of Personal Data to countries within the European Economic Area (EEA) or to countries that ensure an adequate level of protection equivalent to the level of protection guaranteed under the GDPR and this Privacy Policy.

In doing so, FORMIND shall take into account the intended processing, the scope and categories of Personal Data to be processed, the country of destination and the legal rules applicable in that country.

In the event that processing takes place outside the European Economic Area, FORMIND shall, upon written request from the Data Subject, provide further information.

Rights of the Data Subject

Under the GDPR, the Data Subject has the following rights with regard to the Personal Data collected and processed (Articles 12 to 22 GDPR):

• the right of access;
• the right to rectification and/or completion of the data collected;
• the right to restriction of processing;
• the right to data portability;
• the right to erasure (“right to be forgotten”); and
• the right to object.

Questions concerning the collection and processing of Personal Data or requests to exercise your rights as a Data Subject may be submitted to FORMIND in writing, with reasons provided, by email to info@formind.be or by post to: FORMIND, Witte Stedeweg 24
2550 Kontich, Belgium.

FORMIND shall process each request without undue delay and shall provide a response within 30 days. In certain circumstances, FORMIND may extend this period by two months, in which case FORMIND shall inform the Data Subject of such extension within 30 days of receiving the request (Article 12(3) GDPR).

Retention Period of Personal Data

FORMIND guarantees that it shall not retain the Personal Data collected for longer than necessary to achieve the intended purpose, except for accounting records and documents and data relating to liability claims, for which a longer retention period may be justified under applicable legislation.

Other data that may be necessary for adequate after-sales service or future services shall, where possible, be retained in anonymised form so that they are no longer traceable to identifiable individuals for longer than necessary.

Once retention of the Personal Data is no longer required, such data shall be securely destroyed or deleted, or made available to the Data Subject.

Measures in the Event of a Personal Data Breach

FORMIND shall take the necessary measures to prevent data loss. If such a loss nevertheless occurs, FORMIND undertakes, where applicable, to notify the Belgian Data Protection Authority (DPA) within the statutory time limits.

This notification obligation shall apply only insofar as the Personal Data Breach is deemed to be substantial or has a significant impact on security.

If a Personal Data Breach is also likely to result in a high risk to the rights and freedoms of the persons concerned, FORMIND shall inform the Data Subject thereof without undue delay.

FORMIND shall cooperate fully with the competent authorities by providing the necessary information and taking measures to mitigate the consequences of the breach.

Miscellaneous Provisions

FORMIND shall provide the necessary assistance to Data Subjects in enabling them to comply with their obligations, except where the information concerned is confidential or may not be disclosed pursuant to applicable legislation.

The person responsible within FORMIND for the processing of Personal Data is: mr. Koen Faes
koen.faes@formind.be.

For further information regarding the processing of Personal Data, you may also contact the Belgian Data Protection Authority, located at Drukpersstraat 35, 1000 Brussels, Belgium, telephone +32 (0)2 274 48 00, or visit www.gegevensbeschermingsautoriteit.be.

If one or more provisions of this Privacy Policy are declared null and void, such provisions shall be interpreted in accordance with the GDPR. The invalidity of any provision shall not affect the validity of the remaining provisions of this Privacy Policy.

In the event of any discrepancy between this Privacy Policy and the agreement concluded between FORMIND and the client or Data Subject, the provisions of the latter shall prevail.

FORMIND reserves the right to amend this Privacy Policy where necessary in order to comply with its rights and/or obligations under the GDPR. Material amendments shall always be communicated via the website.

It is recommended that you visit the website regularly to remain informed of any recent changes.

This Privacy Policy shall be governed exclusively by Belgian law.

Only the courts having jurisdiction within the judicial district of the registered office of FORMIND shall have jurisdiction to hear disputes arising from or in connection with this Privacy Policy.