Privacy policy

Version 02: 07/06/2019

1. PARTY RESPONSIBLE FOR DATA PROCESSING

BCCA npo (Rue d’Arlon 53, B-1040 Brussels, Belgium, CBE N° 0449.439.701) (hereinafter referred to as “BCCA”) defines the means and ends (purpose) of the processing of (personal) data which are registered and used by the BCCA applications or websites, and is thus responsible for the data processing such as defined by the Regulation (EU) 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 (hereinafter referred to as “General Data Protection Regulation”).

2. COLLECTED (PERSONAL) DATA

BCCA stores the data disclosed by users. The (personal) data collected are: first and last name, date of birth, place of birth, position/profession, telephone number, address and e-mail address. Furthermore, BCCA also stores data concerning its users’ clients and those disclosed by its users for the purpose of the provision of services by BCCA. Such data may be personal (name, address, telephone number, etc) or not (for instance hours during which the client is available).

3. DATA INCLUDED IN REPORTS OR OTHER DOCUMENTS

BCCA reserves the right to process the data and results of a report, certificate or any other analysis carried out for or at the request of a client of BCCA as a part of a general database or of another data system.

4. LEGAL BASIS

To the extend that the user has entered into an agreement with BCCA or intends to enter into an agreement with BCCA (e.g, because the user needs to be a qualified airtightness tester or ventilation reporter), the user acknowledges and accepts that the processing of his (personal) data is necessary for entering into and/or performing such an agreement. To the extend that the user is not someone who entered into or intends to enter into an agreement on his own with BCCA (e.g. because the user is a co-worker of a client of BCCA), the user will be asked for his express consent for the processing of his personal data by BCCA in accordance with this privacy policy. In this case, the user has the right to withdraw consent at any time. The user is also aware that he must provide his personal data to BCCA in order to use BCCA’s applications and websites, and that he will gain no access to such applications and websites if such data are not provided.

5. NEWSLETTER

BCCA stores the e-mail addresses disclosed by the user. Upon prior permission from the user, BCCA may send newsletters to the user. However, the user may always indicate that he no longer wishes to receive such messages. The authorisation to send such messages is explicitly requested when the user enters his e-mail address for the first time. Moreover, each e-mail contains the possibility for the user to exercise his right to object. If a user has registered several e-mail addresses, he may exercise his right to object for each of these addresses.

6. PURPOSE OF DATA PROCESSING

6.1 BCCA shall process the (personal) disclosed data for the following purposes:
- To provide access to the applications and websites of BCCA, and to identify people to ensure the correct use of the applications, in accordance with the qualification of the concerned person;
- to execute and complete the agreements, including the delivery and invoicing of products and services and the provision of the necessary information;
- to publish certain data, including approvals, certificates and attestations issued by BCCA;
- to take measures to verify the (personal) data when logging on a BCCA website or web application, and to make the arrangements to secure these data;
- to draw up and provide (inspection) reports;
- to manage electronic payments and to fight fraud; and
- to inform users of recent changes and new features implemented by BCCA or a company associated with BCCA, and for the provision of information that is relevant in the construction sector (for example through newsletters).

6.2 The disclosed (personal) data can be transferred to a company associated with BCCA or to a third party for the execution and completion of any agreement or to comply with a legal obligation or in the case of a legitimate interest.

7. SHARING OF PERSONAL DATA

7.1 BCCA’s affiliated and/or associated companies
The (personal) data shared may be passed on to a company affiliated to BCCA or to third parties for the performance and implementation of any contract or to comply with a legal obligation or in the case of a legitimate interest. In that case, we require said companies to comply with this policy.

7.2 Suppliers
In order to provide its services as efficiently as possible, BCCA may call on service providers who process personal data. The necessary precautions will be taken to ensure that your personal data are processed in accordance with this privacy policy.

7.3 Transfer of the business
BCCA reserves the right to transfer personal data in the context of a reorganisation, restructuring, merger, sale or other transfer of business assets, on condition that the party receiving the data agrees to process them in compliance with this privacy policy.

7.4 International transfer
The shared (personal) data will not be processed outside the European Economic Area.

8. RETENTION PERIOD

BCCA stores the (personal) data of the users for a 10-year period after commissioning of the dossier. Such (personal) data may be stored longer by BCCA if those (personal) data are necessary in another context. In such a situation, the user is informed about the context.

9. RIGHTS OF THE USER

9.1 The user has a right of perusal and correction with regard to his (personal) data that are being processed in the BCCA files and applications. When the user exercises his right of correction, he may ask BCCA to no longer process his personal data for the period he needs to check the accuracy of such data. Upon explicit request from the user, BCCA shall delete all the user's personal data, except when such data are necessary for the performance of the agreement mentioned above, or for the establishment, exercise or defence of legal claims. If BCCA intends to erase the user's personal data and the user does not want all his personal data to be erased, he may request that BCCA keep, but no longer process, his personal data.

9.2 The user may exercise the rights mentioned above free of charge by contacting BCCA. He can send a dated and signed letter to BCCA, Rue d’Arlon 53, 1040 Brussels, Belgium, for the attention of the management, or send an e-mail to mail@bcca.be, each time with a copy of his identity card (for identification purposes).

9.3 Should the user have complaints about BCCA's privacy policy, he has the right to lodge a complaint with the competent authorities.

9.4 BCCA has taken all necessary legal and technical precautions to avoid unauthorised access to and improper use of (personal) data. Under no circumstances can BCCA be held accountable for identity theft, data theft or computer crime. In case of an intrusion in the computer systems, BCCA will immediately take all necessary measures to minimise damage and/or theft.

10. ALTERATIONS

From time to time, BCCA may alter the provisions of this privacy policy by publishing a revised version on its websites and applications. BCCA will inform the user about any alterations within a reasonable period of time. BCCA advises the user to regularly check the provisions of this privacy policy in order to remain informed about the manner in which BCCA uses his personal data.

11. APPLICABLE LAW AND COMPETENT COURT

This privacy policy is governed solely by Belgian law. The parties shall endeavour to resolve any dispute in an amicable manner. If a party is of the opinion that a dispute cannot be settled amicably, the parties agree that all disputes with respect to the privacy policy shall be submitted to the exclusive jurisdiction of the courts of Brussels.

12. CONTACT

For any questions, complaints or remarks, the user may contact us through the following channels:
- by letter:
Rue d'Arlon 53, 1040 Brussels, Belgium,
for the attention of the management;
- by e-mail:
mail@bcca.be

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