DATA PROTECTION Notice
APK HOLDING nv, APK INFRA nv, APK WEGENBOUW nv, APK DRILLING bv, APK RECYCLING & TRANSPORT bv, APK TELECOM NETWORKSOLUTIONS nv, APK CONSTRUCT nv, APK INFRA WEST nv, APK GREEN LANE nv DRION GLIJBOUW nv, TECHLOG GENK nv, APK SMART SOLUTIONS bv, WEGENBOUW MARTIN nv, WILLY REYNDERS TUINARCHITECTUUR nv, Q MACHINERY nv, VERFAILLIE-LEROY & C° nv, VERGEBA bv, K-BORINGEN nv, LEVAN bv, R.V.D.S. bv, VERSTRAETE-VERHULST bv, DIERCKX nv, STRATICA nv, PELT RECYCLING bv, TECHLOG ZEDELGEM bv, APK LOGISTIEK BREE bv, APK SUD nv
The companies, in the opening words and in Annex 1 stated ("APK"), attach great importance to the secure, transparent and confidential collection and processing of personal data. In particular, APK seeks to protect the various personal data of its customers, subcontractors and suppliers against, inter alia, loss, data breaches, errors, unauthorised accesses or unlawful processing.
By means of this Privacy Policy, APK wants to inform you in a comprehensible and transparent way about the collection and processing of personal data.
APK reserves the right to change this Privacy Statement at any time.
This Privacy Statement can be viewed on the APK website at all times and can be obtained from the Data Protection Officer upon written request.
The Privacy Statement is always part of the agreement between APK and the client, subcontractor or supplier and applies to all its professional activities and services.
By entering into an agreement with APK, the client, subcontractor or supplier declare that they have read this Privacy Statement and agree to its content.
Each of the companies listed in Annex 1 is to be regarded separately as the controller of Your personal data.
This Privacy Statement has been prepared in compliance with the General Data Protection Regulation, the Act of 30 July 2018 on the Protection of Natural Persons with regard to the Processing of Personal Data and Book XII of the Economic Code (as applicable).
Depending on your professional activities, various personal data are communicated (e.g. name, address, company number, e-mail address, telephone number, etc.).
For certain specific legal obligations on the part of APK ((electronic attendance recording, 30bis declaration of works), it may be that the client, subcontractor or supplier will have to submit additional data to APK, for example in order to record attendance.
The person concerned is solely responsible for the accuracy and completeness of the personal data communicated to APK. Each person concerned shall however be free to communicate their (or her) personal data to APK or not. The engagement of cooperation with APK may however be refused if the person concerned does not wish and/or is unable to communicate his/her personal data.
4. Processing purposes and legal grounds
4.1 Customer data
Within the framework of its professional activities, APK will collect and process the personal data of its clients, as well as their employees, appointees and all other useful contacts.
The processing purposes are the performance of agreements with clients, customer management, accounting and (depending on the case) direct marketing activities.
Depending on the context, APK processes personal data on the following legal grounds: (i) the explicit consent of the data subject, (ii) the performance of the contract, (iii) the fulfilment of legal and regulatory obligations or (iv) the legitimate interest.
4.2 Details of suppliers and subcontractors
Personal data of suppliers and subcontractors, as well as their possible (sub)contractors, their employees, appointees and other useful contacts will also be processed.
The processing purposes are the management of suppliers and subcontractors, accounting and (depending on the case) direct marketing activities.
Depending on the context, APK processes personal data on the following legal grounds: (i) the explicit consent of the data subject, (ii) the performance of the contract, (iii) the fulfilment of legal and regulatory obligations or (iv) the legitimate interest.
4.3 Personnel data
For the purpose of personnel management and payroll administration, APK will also collect and process personal data of employees.
Due to the specific nature of this processing, it is regulated in a separate policy.
4.4 Other data
In addition to the personal data of clients, suppliers, subcontractors and employees, APK may also collect and process personal data from third parties.
The processing purposes are the interest of APK's professional activities, direct marketing and public relations (PR). Depending on the context, the processing of personal data by APK takes place on the basis of APK's legitimate interest or the performance of a contract.
5. Duration of processing
APK will retain the personal data of the persons concerned for as long as this is necessary for the purposes of processing.
Customer data and data from suppliers or subcontractors will in any case be deleted after a period of ten years after the termination of the agreement, unless APK is required to retain it for a longer period under specific legislation or in the event of ongoing litigation.
According to tax legislation, APK must keep accounting data for a period of at least ten years after the last invoice.
6. RIGHTS
In accordance with and subject to the terms and conditions of the applicable laws and regulations, you are entitled to the following rights:
6.1. Right of access and inspection
You have the right to know, free of charge, the personal data that APK has collected about you and to verify the purposes for which it processes such personal data, in accordance with the provisions applicable in the sector.
APK will provide you with a full overview of the personal data held about you. You may also obtain a copy of the personal data collected free of charge.
6.2. Right of improvement
You have the right to correct any inaccurate personal data (e.g. name, address, e-mail address, etc.), as well as to have any incomplete personal data completed.
6.3. Right of erasure
You have the right to request us to delete Your personal data under the terms of the General Data Protection Regulation.
APK may refuse to delete Your personal data if this is necessary for the fulfilment of a legal or regulatory obligation or the performance of a contract, or is in the legitimate interest of APK.
6.4. Right to restriction
You have the right to request us to restrict the processing of your personal data under the terms of the General Data Protection Regulation.
This means that APK will only be able to further process the personal data with your consent.
6.5. Right to portability of personal data
You have the right to obtain the personal data collected by APK in a structured, accessible and readable form. You also have the right to transfer this data to another data controller, in accordance with the provisions applicable in the sector.
6.6. Right to object
You have the right to object to the processing of your personal data on serious and legitimate grounds.
However, the right to object does not apply to processing which is necessary for APK for (i) the fulfilment of a legal or regulatory obligation, (ii) the performance of the contract or (iii) the legitimate interest.
APK will respond to your request at the latest within one month of receipt. Depending on the complexity of the request, this period may be extended by two months.
6.7. Right of withdrawal of consent
Where Your personal data is processed on the basis of Your consent, You may withdraw this consent at any time. APK will remove the personal data concerned within a reasonable time.
You may exercise your rights by contacting the APK Data Protection Officer at data.officer@apkgroup.eu. If necessary, you will always have to identify yourself.
APK strives to handle Your personal data in a careful and legitimate manner.
If, despite its efforts, you feel that your rights have been violated and your concerns have not been addressed by APK, you have the right to lodge a complaint with the competent supervisory authority:
Data protection authority
Rue du Printing 35, 1000 Brussels
Tel. 02 274 48 00
Fax. 02 274 48 35
E-mail: contact@adp-gba.be
APK may disclose Your personal data to third party service providers providing commercial, technical or operational services as well as to third party service providers in general (e.g. lawyers) only if this is necessary for our professional services and/or if APK is required to do so by a mandatory law, regulation or court order.
They, too, respect the confidentiality of Your personal data and may use such personal data only for the purposes for which it has been communicated to them.
Under no circumstances will APK sell, rent, distribute or otherwise make your personal data commercially available to third parties.
APK may transfer your personal data outside the European Economic Area. If data were to be transferred to a country that would not provide an adequate level of protection, we would always ensure that they take all measures to protect your personal data (including contractual provisions that provide adequate data protection safeguards).
8. Technical and organisational measures
APK will take the necessary technical and organisational measures to process Your personal data to an adequate level of security and to protect it against destruction, loss, falsification, alteration, unauthorised access or any other unauthorised processing of such data
In no event shall APK be liable for any direct and/or indirect damage resulting from the unlawful use of your personal data by a third party.
9. SECURITY INCIDENTS
Depending on the context, APK has the legal obligation to report incidents concerning the security of Your personal data to the competent supervisory authority within 72 hours.
APK guarantees that it will notify You as soon as it becomes aware of a breach in relation to Your personal data if there would be reasonable grounds to suspect that You would be harmed by this breach.
If, after reading this Privacy Statement, You should have any questions or comments regarding the collection and processing of your personal data, You may always contact APK's Data Protection Officer, either by registered mail addressed to the head office or at data.officer@apkgroup.eu.
Date of last revision : 21 August 2023
Annex 1: Companies to which current policy applies
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APK HOLDING nv, KBO 0449.530.662, 3900 Pelt, Haltstraat 50.
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APK INFRA nv, KBO 0415.763.576, 3900 Pelt, Haltstraat 50.
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APK RECYCLING & TRANSPORT bv, KBO 0808.067.705, 3900 Pelt, Haltstraat 50.
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APK WEGENBOUW nv, KBO 0439.280.435, 2440 Geel, Winkelomseheide 217A.
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APK DRILLING bv, KBO 0415.591.649, 3294 Diest, Reppelsebaan 59.
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APK TELECOM NETWORKSOLUTIONS nv, KBO 0447.441.303, 2390 Malle, Steenovenstraat 2A.
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APK CONSTRUCT nv, KBO 0461.003.485, 2390 Malle, Steenovenstraat 2A.
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APK INFRA WEST nv, KBO 0427.121.088, 3900 Pelt, Haltstraat 50.
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DRION GLIJBOUW nv, KBO 0448.053.589, 3740 Bilzen, Kieleberg 8.
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APK GROENAANLEG nv, KBO 0439.643.887, 3740 Bilzen, Kieleberg 8.
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Techlog Genk nv , KBO 0405.524.732, 3600 Genk, Winterbeeklaan 23.
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APK SMART SOLUTIONS bv, KBO 0695.634.312, 3900 Pelt, Haltstraat 50.
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WEGENBOUW MARTIN nv, KBO 0401.329.481, 3900 Pelt, Lieven Bauwenslaan 6B.
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WILLY REYNDERS TUINARCHITECTUUR nv, KBO 0450.151.858, 3580 Beringen, Everselstraat 110.
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Q MACHINERY nv, KBO 0424.430.230, 3900 Pelt, Haltstraat 50.
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VERFAILLE-LEROY & C° nv, KBO 0425.091.810, 8902 Ypres, Wervikstraat 94.
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VERGEBA bv, KBO 0449.258.963, 3900 Pelt, Haltstraat 50
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K-BORINGEN nv, KBO 0418.859.163, 3500 Hasselt, Paalsteenstraat 36
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LEVAN bv, KBO 0695.492.770, 3900 Pelt, Haltstraat 50
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R.V.D.S. bv, KBO 0506.764.028,3900 Pelt, Halstraat 50 .
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VERSTRAETE-VERHULST bv, KBO 0435.221.182, 8770 Ingelmunster, Oostrozebekestraat 218 G.
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DIERCKX nv, KBO 0446.787.938, 2490 Balen, Voortstraat 14.
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STRATICA SA, KBO 0437.649.053, 3970 Leopoldsburg, Antwerpsesteenweg 187.
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PELT RECYCLING bv, KBO 0792.984.304, 3900 Pelt, Haltstraat 50.
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TECHLOG ZEDELGEM bv, KBO 0747.721.035, 3900 Pelt, Haltstraat 50.
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APK LOGISTICS BREE bv, KBO 0777.772.526, 3900 Pelt, Haltstraat 50.
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APK SUD SA, KBO 0865.739.450, 4530 Villers-Le-Bouillet, Rue de Waremme 115.