Data Protection Notice
D’HONDT THERMAL SOLUTIONS SAS
1. INTRODUCTION AND SCOPE
D’HONDT THERMAL SOLUTIONS SAS and its affiliates (together “DHTS”) are committed to collecting and processing personal data responsibly and in compliance with the applicable data protection laws in all countries in which DHTS operates.
DHTS is also committed to maintaining the confidentiality, integrity, security and resilience of your personal data. To this effect, DHTS has implemented appropriate technical and organizational measures to prevent the personal data processed by or on behalf of DHTS from accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to personal data transmitted, stored or otherwise processed.
2. CONTACT DETAILS OF DHTS
For any clarification or additional information, you may need in order to fully understand this Notice or exercise your rights under this Notice, please indicate your name, company name, and contact details and contact:
3. PURPOSES OF DATA PROCESSING AND LEGAL BASIS
DHTS processes personal data in accordance with applicable data protection laws and only for specified, explicit and legitimate purposes. DHTS will not use personal data for any purpose that is incompatible with the purpose for which it was initially collected unless you provide your consent for further use. DHTS processes customer and supplier personal data for the following purposes: managing commercial relationships with current, future and former customers/suppliers, carrying out promotional operations, conducting statistical surveys and marketing studies.
4. PERSONAL DATA PROCESSED
The provision of personal data is a requirement necessary to enter into a contract with DHTS or a requirement by law or regulation for DHTS to administer our contractual relationship The personal data processed is limited to the data necessary for carrying out the purpose for which such personal data is collected.
Personal data processed includes the following:
- Identification information (such as names, address, e-mail, contacts details, and phone number);
- Business information (such as name of organization, department and job title);
- Contractual information (such as date of agreement, orders, and type of commercial relationship);
DHTS will not collect personal data if such collection is prohibited under the applicable data protection laws.
DHTS does not process personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic data, biometric data, health data, data concerning sex life or sexual orientation, and data relating to criminal convictions and offences.
DHTS will maintain personal data in a manner that ensures it is accurate, complete and up to date.
5. RECIPIENTS OF PERSONAL DATA
DHTS will only grant access to personal data on a need-to-know basis, and such access will be limited to the personal data that is necessary to perform the function for which such access is granted.
Personal data may be shared with DHTS’s trusted services providers (acting as Processors), such as IT providers, accountants, attorneys, and financial institutions. Service providers will only receive personal data according to the purposes of their service agreement with DHTS.
DHTS reserves the right to share your personal data in the event it sells, licenses or transfers all or a portion of its business or assets to a third party. Should such a sale, lease or transfer occur, DHTS will endeavor to direct the transferee to use your personal data in a manner that is consistent with this Notice.
6. RETENTION PERIOD OF PERSONAL DATA
DHTS will not retain your personal data processed longer than allowed under the applicable data protection laws. In any case, DHTS will not retain it longer than such personal data is necessary for the purposes for which it was collected or otherwise processed, subject to applicable local retention requirements. Typically, the retention period will be as follows:
Managing commercial relationships with current, future and former customers/suppliers
Duration of the contracts and 5 additional years afterwards.
Applicable statute of limitation for invoicing, payment, accounting, tax and regulatory compliance, and the establishment, exercise or defense of legal claims.
Carrying out promotional operations
Duration of the contracts and 3 additional years afterwards.
Conducting statistical surveys and marketing studies
Duration of the contracts and 3 additional years afterwards.
7. YOUR DATA PROTECTION RIGHTS
Under applicable data protection laws, you will benefit from the rights listed in this section. These rights can be exercised by you at any time by contacting DHTS Data protection service mentioned in Section 2.
a. Right to access
You are entitled to obtain confirmation from DHTS as to whether any personal data concerning you is processed by DHTS. In the affirmative, you have the right to access such personal data, to obtain a copy of it free of charge (except for manifestly unfounded or excessive requests) and to be provided with the following information: (i) purposes of such processing, (ii) categories of personal data concerned, (iii) recipients or categories of recipients of personal data, (iv) anticipated retention period or, if not possible, the criteria used to determine it, (v) existence of the right to request rectification or erasure of personal data, as well as the right to object to or request restriction of processing, (vi) the right to lodge a complaint with a supervisory authority, (vii) information relating to any third party source of personal data if the data were not collected from you, and (viii) the existence, the logic involved, the significance and the consequences of any automated decisions, including profiling.
Where personal data is transferred outside of the EU, you will be informed of the appropriate safeguards relating to such transfer.
b. Right to rectification
You have the right to obtain without undue delay the rectification of inaccurate, incomplete or outdated personal data concerning you. If your personal data is stored in multiple locations, the rectification will occur at all such locations.
c. Right to erasure
You have the right to obtain the erasure of your personal data in one of the following cases:
- The personal data is no longer necessary in relation to the purpose(s) for which it was collected or otherwise processed;
- You withdraw the consent on which the processing was based, and there are no other legal grounds for the processing;
- You object to the processing, as provided in section e below; and there are no overriding legitimate grounds for the processing;
- Your personal data has been unlawfully processed;
- Your personal data has to be erased for compliance with a legal obligation.
However, DHTS may refuse the erasure of personal data if the processing of such data is necessary for (i) exercising the right of freedom of expression and information, (ii) compliance with a legal obligation or for the performance of a task carried out in the public interest, (iii) reasons of public interest in the area of public health, scientific or historical research purposes or statistical purposes, or (iv) establishment, exercise or defense of legal claims.
d. Right to restriction
You have the right to obtain restriction of processing in the following cases:
- Where you claim inaccuracy of your personal data processed by DHTS (the restriction being provided for a period enabling DHTS to verify the accuracy);
- Where the processing appears unlawful, and you oppose the erasure and request the restriction of use of your personal data instead;
- Where DHTS does not need your personal data for the purposes of processing, but the personal data is required by you for the establishment, exercise or defense of legal claims; and
- Where an objection is raised by you in relation to the processing, pending the verification whether the legitimate grounds of DHTS override yours.
When you have obtained a restriction of processing of your personal data, you will be informed prior to lifting of such restriction.
e. Right to object
As a general rule, you have the right to object, at any time and on legitimate grounds relating to your particular situation, to the processing of your personal data. Provided that such objection is justified, DHTS will no longer process the personal data concerned unless DHTS can demonstrate compelling legitimate grounds for the processing which overrides your interests.
f. Right to data portability
In cases where the data processing is based on your consent or on your contract, and where such processing is carried out by automated means, you can request (i) communication of the personal data concerning you, in a structured, commonly used and machine-readable format, in order to be able to further transmit such personal data to another data controller, or (ii) to directly transmit such personal data to such other data controller, if technically feasible.
However, DHTS can refuse such request if the processing concerned is necessary for the performance of a task carried out in the public interest or if responding to such request risks to adversely affect the rights and freedoms of others.
g. Right to withdraw consent
Where the processing of your personal data is based on consent, you have the right to withdraw such consent at any time by contacting DHTS’s Data Protection Compliance Officer at the contact details available under Section 2. Exercising this right will not affect the lawfulness of processing based on consent before its withdrawal.
h. Right to lodge a complaint
You also have the right to lodge a complaint with the Belgian Data Protection Authority or another competent supervisory authority, in the Member State where you have your habitual residence or place of work.
8. INTERNATIONAL DATA TRANSFERS
International data transfers refer to transfers of your personal data to countries outside of the European Economic Area (EEA).
The international footprint of DHTS involves many transfers of personal data between different corporate entities, as well as to third parties located in various countries.
This includes personal data from EU Member States to countries outside of the EU considered as not affording adequate legal protection for the processing of personal data.
DHTS ensures that appropriate safeguards are implemented to secure such data transfers in conformity with applicable Data Protection Laws.