Privacy statement Belgium
Privacy Statement of the Netherlands

Privacy Statement of the Netherlands

N-APK Holding B.V., R-Techniek B.V., Infra- en Wegenbouw Limburg B.V., Communicatie Infrastructuur Advies Groep B.V., Rasenberg Kabels en Leidingen B.V., APK Wegenbouw B.V., Combination APK Infra & Wegenbouw Limburg, D-APK Holding B.V., Installation company J. Daniels B.V., Contracting company De Voogd Grijpskerke B.V., Bos Grijpskerke B.V., De Voogd Kabels en Leidingen B.V., Bos Aannemingsbedrijven B.V., R-Invest NL B.V., Q Machinery B.V.

 

1. Introduction

The companies listed in the preamble and in Annex 1 (hereinafter referred to as: N-APK) attach great importance to the safe, transparent and confidential collection and processing of personal data.

In particular, N-APK aims to protect the personal data of its customers, subcontractors and suppliers, among others, from loss, data leakage, content errors, unauthorised access or unlawful processing.

By means of this Privacy Policy, N-APK wants to inform you in a comprehensible and transparent way about the collection and processing of personal data.

Since this Privacy Policy contains essential information about how your personal data is collected and processed by N-APK and for what purposes, this Privacy Policy should be read carefully.

In a world where digital technology is constantly evolving, N-APK will inevitably need to update this Data Protection Notice in the future.

This Privacy Policy is available on the N-APK website at all times and will be regularly updated. The most recent version of this Data Protection Notice can also be obtained on written request from the data officer by registered letter addressed to the registered office of the company concerned whose registered office is listed in Appendix 1 or by e-mail: data.officer@apkgroup.nl

 

2. Scope

The Privacy Policy is an annex to the agreement between N-APK and the customer, subcontractor or supplier and applies to all its professional activities and services.

By entering into an agreement with N-APK, the customer, subcontractor or supplier expressly states that they (i) have read this Privacy Policy, (ii) agree to the contents of the Privacy Policy and (iii) expressly and knowingly consent to the collection and processing of the personal data.

 

3. Controller and its commitments

Each of the companies listed in Appendix 1 of the Policy is to be considered the data controller of your personal data.

This Privacy Policy has been prepared in compliance with the Data Protection Act of 1 September 2001 and the European Data Protection Regulation. This Regulation is directly applicable on 25 May 2018.

 

4. Personal data

Depending on your activities and your relationship with N-APK, various personal data are communicated to N-APK (including name, address, VAT number, e-mail address, telephone number, etc.).

For certain specific legal obligations under N-APK, it is also possible that the customer, subcontractor or supplier will have to provide additional personal data. For certain specific legal obligations concerning the construction activity (e.g. "Implementation regulation for compulsory use of BSN"), you may have to provide us with additional data in order to register your attendance.

Ultimately, the person concerned is responsible, to the exclusion of all others, for the accuracy and completeness of the personal data communicated to N-APK.

N-APK is responsible for the collection and processing of these personal data, regardless of how they are communicated by the customer, subcontractor or supplier (e.g. by filling in an order form).

Each data subject is free to communicate his (or her) personal data to N-APK or not. However, cooperation with N-APK may be refused if the person concerned does not wish and/or is unable to provide his/her personal data. Indeed, the performance of the professional activities of N-APK is usually not possible in the absence of consent to the collection and processing of certain personal data.

 

5 Processing purposes and legal basis

5.1 Customer data

Within the framework and for the purpose of developing its professional activities, N-APK collects and processes the personal data of its customers, clients, staff, employees, appointees and all other useful contacts.

The purposes for the collection and processing of personal data are the execution of agreements with customers, customer management, accounting and direct marketing activities such as sending promotional or commercial information.

The collection and processing of personal data by N-APK is always based on specific legal grounds, being (i) the explicit consent of the data subject, (ii) the performance of the contract, (iii) the fulfilment of legal and regulatory obligations and (iv) the legitimate interest of N-APK (e.g. for direct marketing) and this as the case may be.

For direct marketing activities by e-mail (e.g. newsletter, etc.), explicit and free consent will always be requested and can also be withdrawn at any time.

 

5.2 Details of suppliers and subcontractors

N-APK collects and processes the personal data of its suppliers and subcontractors, as well as their (sub)contractors, staff, appointees and other useful contacts.

The purposes for the collection and processing of personal data are the performance of the contract, the management of suppliers and/or subcontractors, accounting and direct marketing activities such as sending promotional or commercial information.

The collection and processing of personal data by N-APK is always based on specific legal grounds, namely (i) the explicit consent of the data subject, (ii) the performance of the contract, (iii) the fulfilment of legal and regulatory obligations and (iv) the legitimate interest of N-APK (including for direct marketing).

For direct marketing activities by e-mail (e.g. newsletter, etc.), explicit and free consent will always be requested and can also be withdrawn at any time.

 

5.3 Staff data

For the purpose of personnel management and payroll administration, the personal data of employees of N-APK are also collected and processed. Given the specific nature of this processing of personal data, this processing is regulated in a separate policy.

 

5.4 Other data

In addition to data from customers, suppliers, subcontractors and staff, N-APK also collects and processes personal data from others, such as possible new customers and/or prospects, useful contacts within the sector, network contacts, etc.

The purposes of the collection and processing are in the interest of the professional activities of N- APK, direct marketing and public relations (PR). The legal basis is the legitimate interest of N-APK or in some cases the performance of a contract.

 

6. Duration of processing

The personal data provided by the data subjects will be kept and processed by N-APK for a period of time necessary in relation to the purposes of the processing and in relation to the contractual relationship, which N-APK has with the data subjects in question.

The personal data will be deleted after the termination of the agreement after the expiry of the legal retention period, except for those personal data that N-APK is obliged to retain for a longer period on the basis of specific regulations or in the event of a pending dispute.

 

7. Rights

In accordance with and under the terms of the Data Protection Act of 1 September 2001 and the General Data Protection Regulation, the data subject has the following rights:

  • Right of access and inspectionThe data subject has the right to acquaint himself, free of charge, with the personal data that N-APK has collected about him (or her) and to ascertain the use to which such personal data is put.
  • Right to rectificationThe data subject has the right to obtain the correction of any inaccurate personal data as well as the completion of incomplete personal data.
  • Right to erasure or restriction: The data subject shall have the right to request N-APK to erase the personal data which N-APK has collected and stored about him (or her) or to restrict the processing thereof in the circumstances and under the conditions stipulated in the General Data Protection Regulation. However, N-APK may refuse the erasure or restriction of the processing of personal data if such personal data is necessary for N-APK to (i) carry out a legal obligation, (ii) perform a contract or (iii) the legitimate interest of N-APK, and only to the extent that such personal data is necessary for the purposes for which it was collected.
  • Right to portability of personal dataThe data subject has the right to obtain the personal data communicated to N-APK in a structured, accessible and readable form. The data subject has the right to transfer these data to another controller.
  • Right to objectThe data subject has the right to object to the processing of his (or her) personal data on serious and legitimate grounds. However, the right to object does not apply to the processing of personal data which are necessary for N-APK to carry out a legal or regulatory obligation, the performance of the contract or the legitimate interests of N-APK, and this to the extent that these data are necessary for the purposes for which they were collected. The data subject must send their request for the termination of the processing in writing to N-APK (data.officer@apkgroup.nl). N-APK will then respond to the request within one month of receipt. Depending on the complexity of the request, this period may be extended by two months if necessary. N-APK will notify the person concerned of such an extension within one month.
  • Right of withdrawal of consent: If the processing of personal data is based on the prior consent of the person concerned, he or she has the right to withdraw his or her consent. The personal data will then only be processed if N-APK has another legal basis for this.
  • Automated decision-making and profiling: N-APK expressly acknowledges in this Privacy Policy that the processing of personal data does not include profiling and that the data subject is not subject to fully automated decision making.

You can exercise the aforementioned rights by contacting the data officer at the e-mail address data.officer@apkgroup.nl. Please attach a scan or copy of your identity card to your e-mail message so that N-APK is able to identify you.

N-APK makes every effort to handle the personal data, which it collects and processes, in a careful, transparent and legitimate manner in the course of its professional activities and in accordance with the applicable regulations.

If, nevertheless, you feel that your rights have been violated and your concerns have not been addressed by the N-APK, you are free to file a complaint. You should first make the complaint to the N-APK. If you and N-APK are unable to resolve the matter together, you may take the matter to court. In doing so, you invoke the legal protection offered by the Personal Data Protection Act.

If you want to go to court, you start petition proceedings. You do this by writing a letter to the cantonal judge. You do not need a lawyer for this.

 

8. Passing on to third parties

Certain personal data collected by N-APK will be passed on to, and possibly processed by, third party service providers, such as the Occupational Health and Safety Service, payroll administrator, tax authorities etc.

The employees, appointees and representatives of these service providers or institutions and the specialised service providers appointed by them shall always respect the confidential nature of the personal data and may only use these personal data for the purposes for which they were provided.

If necessary, your personal data may be transferred to other third parties. This may be the case, for example, if N-APK were to reorganise in whole or in part, or if its activities were to be transferred, or if N-APK were to be declared bankrupt.

It is also possible that personal data may be required to be passed on pursuant to a court order or to comply with a specific legal obligation. In such a case, N-APK will make reasonable efforts to inform the data subject(s) in advance of such communication to other third parties. The data subject acknowledges that in certain circumstances, this may not be technically or commercially feasible, or that legal restrictions may apply.

Under no circumstances will N-APK sell or make personal data commercially available to direct marketing agencies or similar service providers, except with prior consent.

 

9. Technical and organisational measures

N-APK takes the necessary technical and organisational measures to process the personal data collected and processed by it at an adequate level of security and to protect them from destruction, loss, falsification, alteration, unauthorised access or accidental disclosure to third parties, as well as any other unauthorised processing of such personal data.

In no event shall N-APK be held liable for any direct or indirect damage resulting from a wrongful or unlawful use of the personal data by a third party.

 

10. Third-party access

For the purpose of collecting and processing personal data, N-APK grants access to the personal data it collects to its employees, associates and appointees.

N-APK will in such case provide an equivalent level of protection by way of contractual obligations to such employees, workers and appointees, which are equivalent to those contained in this Privacy Policy.

 

11. Breaches of personal data security

N-APK has the legal obligation to report personal data security breaches to the competent supervisory authority within 72 hours, unless the personal data breach is unlikely to endanger the rights and freedoms of the data subject(s).

N-APK will, if the breach poses a risk to the rights and freedoms of the data subject(s), notify the data subject without unreasonable delay, as soon as it becomes aware of a personal data breach. N-APK and the data subject(s) will contact each other within 48 hours of N-APK becoming aware of the breach, in order to decide whether to forward the breach to the competent supervisory authority.

 

12. Any further questions?

If, after reading this Privacy Policy, you have further questions or comments regarding the collection and processing of your personal data, you may contact its data officer at either the registered office as indicated in Appendix 1 or by e-mail to data.officer@apkgroup.nl.

 

 

Annex 1: Companies to which current policy applies:

  1. N-APK Holding B.V., KvK 17272674, 4903 SE Oosterhout, Hoevestein 23.
  2. R-Techniek B.V., KvK 14096785, 5107 RD Dongen, De Schacht 11.
  3. Infra- en Wegenbouw Limburg B.V., KvK 17272694, 6114 BC Susteren, Rangeerweg 5.
  4. Communicatie Infrastructuur Advies Groep B.V., KvK 18079135, 4202 MS Gorinchem, Avelingen-West 3.
  5. Rasenberg Kabels en Leidingen B.V., KvK 20045187, 5107 RD Dongen, De Schacht 11.
  6. APK Wegenbouw B.V., KvK 20085900, 6114 BC Susteren, Rangeerweg 5.
  7. Combination APK Infra & Wegenbouw Limburg, KvK 59001046, 5107 RD Dongen, De Schacht 11.
  8. D-APK Holding B.V., KvK 76387631, 5107 RD Dongen, De Schacht 11.
  9. Installation company J. Daniels B.V., KvK 14035267, 6367 GT Voerendaal, Valkenburgerweg 45
  10. Aannemingsbedrijf De Voogd Grijpskerke B.V., KvK 22050680, 4364 RA Grijpskerke, Hondegemsweg 25            
  11. Bos Grijpskerke B.V., KvK 22041005, 4364 RA Grijpskerke, Hondegemsweg 25
  12. De Voogd Kabels en Leidingen B.V., KvK 64656845, 4364 RA Grijpskerke, Hondegemsweg 25
  13. Bos Aannemingsbedrijven B.V., KvK 22030980, 4364 RA Grijpskerke, Hondegemsweg 25
  14. R-Invest NL B.V., KvK 87172887, 4903 SE Oosterhout, Hoevestein 23
  15. Q Machinery B.V., KvK 58414258, 5107 RD Dongen, De Schacht 11.